Archive Article

We recommend:

Immediate reforms to

1. Change the Status of Children Act to make the definition of de-facto partner gender neutral. This will deem consenting co-mothers of DI babies born to lesbian couples parents across all NSW laws.2. Include an administrative provision so co-mothers of DI children born before the changes above came into effect can opt-in as parents across all NSW laws.3. Change the Adoption Act 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.4. Change the Adoption Act to include a new provision for co-parent adoption where there is only one legal parent. This will allow gay and lesbian co-parents to adopt with a presumption in favour of adoption.5. Change the Child Support (Assessment) Act (Cth) to include a definition of “parent” from changes 1-4 above. Alternately, introduce child support legislation in NSW using a definition of “parent” from changes 1-4 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.6. Change the Family Law Act (Cth) to enable registration of parenting plans for lesbian and gay families. This would establish a legal status quo for residence and contact based on the agreement.

1. Including functional parent recognition in certain laws, especially ones that concern times of crisis or a major impact upon the people concerned, eg inheritance.2. Considering the viability of adoption law allowing more than two legal parents.3. Considering what the impact would be of allowing some or all parental rights to flow to known (but not unknown) donors. This would require particular consideration of multi-parent families where (by virtue of the changes outlines above) there were already two legal parents. Would the donor have an equal set of parental rights and responsibilities?