ontheway
27-09-2008, 07:44
We were sent this last week from Rainbow Babies and Kids.
I've hightlighted some grest points!!
Hope this is helpful to all who need info or seeking advice in Lesbian family laws in NSW.
FAQs on the new lesbian family laws
On Monday 22 September, the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008
(NSW) came into force. This means that:
= Children born through assisted reproductive technology (including home insemination) will
have two legally recognised mothers.
= Same-sex couples will be protected from most discrimination on the basis of their
relationship status in employment, education, goods and services and accommodation.
(Lesbians and gay men are also currently protected on the basis of homosexuality).
= Same-sex and heterosexual de facto couples will be recognised equally across all NSW laws
(with the notable exception of adoption law).
How will the new lesbian parenting laws work?
The new lesbian parenting laws will work automatically, whether or not you apply to get a
new birth certificate for your child. The laws apply retrospectively to include children
already born - as well as children born in the future. They apply to families which are
intact, as well as families which have separated.
To be recognised you must be:
= A woman who has had a child through assisted conception (i.e. IVF, donor insemination,
home insemination) not sexual intercourse;
= If you have (or had) a partner, she must have consented to the conception procedure. That
means, you must have both wanted to have the baby together as a couple at the time the baby
was conceived.
If this applies to you and your partner (or former partner), you will be both be legal
parents in NSW law. This means you both will automatically have the parental authority to
make decisions about your child's health, schooling etc. You child will have automatic
inheritance rights and workers' compensation entitlements if the co-mother dies. You do
not need a parenting order or a new birth certificate for your child to be entitled to these
rights. However, a birth certificate may make it easier for you to prove your parental
status.
How do I get a new birth certificate for my child with our names on it?
If your child has a birth certificate which only lists his or her birth mother, you simply
need to contact the NSW Births, Deaths & Marriages Registry on 1300 655 236. They will
take your details down and help you through the process to ensure the co-mother is listed on
the registry and certificate.
To have the birth certificate changed, the birth mother and the co-mother will both need to
consent.
If either the birth mother or the co-mother cannot agree, a court order is required to
change the birth certificate.
What if we've listed our child's donor on the birth certificate?
If a child is conceived through assisted conception, the man who provided the sperm for the
conception ("the donor") is not recognised as a parent under NSW law. This is the
case even if you have listed the donor's name on the birth certificate as a
"father". This is because the birth certificate only assists with proving parental
status - it cannot make a person who is recognised as a donor under the law into a legal
parent.
Nevertheless, if you have listed your child's donor on the birth certificate as
"father", the donor's name cannot be removed without the donor's consent
or a court order.
If your child was conceived through sexual intercourse, the biological father is the legal
parent and cannot be removed at all.
But our family has three (or four) parents! Can I list my child's mums and dad/s on the
birth certificate?
These changes do not allow a child to have more than two legal parents.
Children who have three or four parents can nevertheless be recognised through a parenting
order via the Family Court.
What about adoption and children born through surrogacy?
Although these changes will protect the majority of children in same-sex families, the Gay
& Lesbian Rights Lobby believes that further parenting reforms are needed to protect all
children in same-sex families.
Same-sex couples should be eligible to apply for adoption without discrimination.
A surrogacy scheme is required to allow a consenting surrogate mother to transfer her
parental status to the intended parents after a successful surrogacy arrangement.
We will continue to advocate for these further parenting reforms.
Where can I get more information?
Gay & Lesbian Rights Lobby
p (02) 9571 5501
e glrl@glrl.org.au (javascript:open_compose_win('to=glrl@glrl.org.au' ))
w www.glrl.org.au (http://www.glrl.org.au/)
Inner City Legal Centre
Lesbian and Gay Legal Advice Service
a 50 - 52 Darlinghurst Rd, Kings Cross NSW 2011
p (02) 9332 1966
w www.iclc.org.au (http://www.iclc.org.au/)
I've hightlighted some grest points!!
Hope this is helpful to all who need info or seeking advice in Lesbian family laws in NSW.
FAQs on the new lesbian family laws
On Monday 22 September, the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008
(NSW) came into force. This means that:
= Children born through assisted reproductive technology (including home insemination) will
have two legally recognised mothers.
= Same-sex couples will be protected from most discrimination on the basis of their
relationship status in employment, education, goods and services and accommodation.
(Lesbians and gay men are also currently protected on the basis of homosexuality).
= Same-sex and heterosexual de facto couples will be recognised equally across all NSW laws
(with the notable exception of adoption law).
How will the new lesbian parenting laws work?
The new lesbian parenting laws will work automatically, whether or not you apply to get a
new birth certificate for your child. The laws apply retrospectively to include children
already born - as well as children born in the future. They apply to families which are
intact, as well as families which have separated.
To be recognised you must be:
= A woman who has had a child through assisted conception (i.e. IVF, donor insemination,
home insemination) not sexual intercourse;
= If you have (or had) a partner, she must have consented to the conception procedure. That
means, you must have both wanted to have the baby together as a couple at the time the baby
was conceived.
If this applies to you and your partner (or former partner), you will be both be legal
parents in NSW law. This means you both will automatically have the parental authority to
make decisions about your child's health, schooling etc. You child will have automatic
inheritance rights and workers' compensation entitlements if the co-mother dies. You do
not need a parenting order or a new birth certificate for your child to be entitled to these
rights. However, a birth certificate may make it easier for you to prove your parental
status.
How do I get a new birth certificate for my child with our names on it?
If your child has a birth certificate which only lists his or her birth mother, you simply
need to contact the NSW Births, Deaths & Marriages Registry on 1300 655 236. They will
take your details down and help you through the process to ensure the co-mother is listed on
the registry and certificate.
To have the birth certificate changed, the birth mother and the co-mother will both need to
consent.
If either the birth mother or the co-mother cannot agree, a court order is required to
change the birth certificate.
What if we've listed our child's donor on the birth certificate?
If a child is conceived through assisted conception, the man who provided the sperm for the
conception ("the donor") is not recognised as a parent under NSW law. This is the
case even if you have listed the donor's name on the birth certificate as a
"father". This is because the birth certificate only assists with proving parental
status - it cannot make a person who is recognised as a donor under the law into a legal
parent.
Nevertheless, if you have listed your child's donor on the birth certificate as
"father", the donor's name cannot be removed without the donor's consent
or a court order.
If your child was conceived through sexual intercourse, the biological father is the legal
parent and cannot be removed at all.
But our family has three (or four) parents! Can I list my child's mums and dad/s on the
birth certificate?
These changes do not allow a child to have more than two legal parents.
Children who have three or four parents can nevertheless be recognised through a parenting
order via the Family Court.
What about adoption and children born through surrogacy?
Although these changes will protect the majority of children in same-sex families, the Gay
& Lesbian Rights Lobby believes that further parenting reforms are needed to protect all
children in same-sex families.
Same-sex couples should be eligible to apply for adoption without discrimination.
A surrogacy scheme is required to allow a consenting surrogate mother to transfer her
parental status to the intended parents after a successful surrogacy arrangement.
We will continue to advocate for these further parenting reforms.
Where can I get more information?
Gay & Lesbian Rights Lobby
p (02) 9571 5501
e glrl@glrl.org.au (javascript:open_compose_win('to=glrl@glrl.org.au' ))
w www.glrl.org.au (http://www.glrl.org.au/)
Inner City Legal Centre
Lesbian and Gay Legal Advice Service
a 50 - 52 Darlinghurst Rd, Kings Cross NSW 2011
p (02) 9332 1966
w www.iclc.org.au (http://www.iclc.org.au/)