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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