Archive Article

We recommend:

MAJOR REPORT - APRIL 2003 |

MAJOR REPORT - APRIL 2003

1. Amend the regulations under the Human Tissue Act 1983 (NSW) so that gay men are treated equally with all other sperm donors, including when they are donating to a known woman.2.Change the Status of Children Act 1996 (NSW) to make the definition of de-facto partner gender neutral. This will deem consenting co-mothers of DI babies born to lesbian couples as parents in all NSW laws. This would apply retrospectively to all lesbian couples who were still cohabiting and are jointly parenting resident children born to them as a couple through DI where those children are still under the age of 18 at the time the amendments came into effect.3. Amend the Births Deaths and Marriages Regulations 2001 (NSW) so that co-mothers of DI children can be listed as the second parent on birth certificates.4. Amend the Births Deaths and Marriages Regulations 2001 (NSW) so that biological fathers of children born through donor insemination can be named on the birth certificate. This change would not raise any legal presumptions.5. Change the Adoption Act 2000 (NSW) to make the definition of de-facto partner gender neutral. This will allow gay and lesbian parents to use the current step-parent adoption provisions when they are actually in the position of step-parents.6. Change the Adoption Act 2000 (NSW) to include a new provision for co-parent adoption. This will allow gay and lesbian co-parents to adopt with a presumption in favour of adoption where there exists only one legal parent or there is a second legal parent who is consenting.7. Consider whether changes to the Adoption Act 2000 (NSW) to include a new provision for co-parent adoption could be drafted to permit co-parent adoption that granted legal status to more than two parents.8. Change the Child Support (Assessment) Act 1989 (Cth) to include a definition of “parent” reflecting the reforms above. Alternately, introduce child support legislation in NSW using a definition of “parent” that reflected the changes outlined above. A NSW version would mirror the payment provisions of the federal Child Support Act, and would apply until federal law changed to include the new definitions. This could be administered through a NSW government agency or through an inexpensive body such as a tribunal or Local Court.9. Allow a simpler and less costly process for lesbian and gay parents to formalise their relationships with children by consent through the Family Court. This could be done through changes to the Family Law Act 1975 (Cth) to enable registration of parenting plans for lesbian and gay families. Alternately the same effect could be achieved through administrative changes within the Court to simplify the process for parenting orders by consent.10. Government support for a concerted court personnel education program. This is essential to ensure that such decision-makers are aware of, and sensitive to, the particular forms and needs of lesbian and gay families. It is essential that court personnel do not work from stereotypes or improper analogies drawn from heterosexual family forms. This program needs to cover: judges and counsellors in the Family Court of Australia and magistrates in the Federal Magistrates Courts and those in NSW Local Courts, hearing family matters, as well as judges and masters of the NSW Supreme Court hearing property and adoption matters. Consideration could also be given to instituting a gay and lesbian liaison officer in courts, as some other NSW government agencies have already done within departments.11. Government support for a concerted public education campaign to ensure that lesbian and gay families are aware of their new rights and responsibilities. A surprising number of parents who attended our consultations were still unaware that their partnerships had been granted legal recognition in NSW law in 1999.