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For further information please contact
Anthony Schembri
on 0412523978
Alexandra Sosnov
on 0418 207 027

 

 

PRESS RELEASE -

The Gay and Lesbian Rights Lobby calls on the Government for urgent law reform recognising lesbian and gay families.

Justice Guest of the Family Court, on Friday ordered increased contact between a sperm donor father and his two-year old son. He rejected the application from the child's mother and co-mother for restricted access by the donor, and also ordered that the donor father will have responsibility for decisions concerning the child's care, welfare and development whilst he has contact with him. Justice Guest also highlighted the need for law reform to reflect the needs of lesbian and gay families and their differing forms. The need for both law reform and judicial education to reflect the reality and needs of lesbian and gay families was highlighted by the Judge himself saying that the case was treated "not dissimilar from that arising in traditional heterosexual family disputes."

"We support the best interests of the child, but it is clear that in making a decision Judge Guest was attempting to fit a square peg into a round hole." Said Lobby co-convenor Alex Sosnov. "The situation of this donor was neither like an anonymous donor nor like a heterosexual father who had split from his family, yet it seems these choices were what the Judge felt he had to choose from."

Gay male donors may have a broad range of roles and involvement but frequently would not want to assume all the same rights and responsibilities of divorced fathers. Co-convenor Anthony Schembri said, "We reject the notion that models based on traditional heterosexual nuclear families are always appropriate. It is important to recognise the role not only parents but also other significant adults have in the lives of children, and that donor fathers, or indeed donor mothers, will often fall into that category and form significant relationships with children. What form that takes and appropriate court orders needs to be further examined in the context of families other than traditional heterosexual ones."

"There is urgent need for reform across parenting laws to stop discrimination against lesbian and gay families and to help them make choices and gain support. Information and recommendations about this has recently been highlighted in The Gay and Lesbian Rights' Lobby's report 'Meet The Parents'." Cited by Judge Guest, Meet The Parents is a world first in bringing together research on lesbian and gay families, and has had widespread distribution and interest across legal and social institutions and can be accessed on the GLRL website (www.glrl.org.au).

Sosnov added " It is our well researched belief that children can be brought up by a variety of family forms regardless of the parents sexuality or gender, so long as they are loved and cared for, and this includes two lesbians or two gay men or a combination. Great difficulties arise however as they have in this case, if there is a dispute, and the family forms including the role of a known donor father, are not legally recognised."


 


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