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The Australian – "Gay Dad in Appeal to Find Son" by AAP

December 19th, 2008 No comments

A GAY father has launched an international appeal for help to find his son, whom he believes may be living in Australia.

Michael Turberville has not seen seven-year-old son Ashley Skinner since the child disappeared with his mother, Joanne Skinner, more than a year ago after a custody battle, British media reported today.

Mr Turberville pleaded with anyone who knew the boy’s whereabouts to alert authorities.

“It is gut-wrenching not to be able to see my son,” he told the Evening Standard newspaper.

Dual US-British citizen Mr Turberville reportedly fathered Ashley with Ms Skinner after advertising in another publication for a “like-minded” lesbian. Both parents were in same-sex relationships at the time.

Ms Skinner’s mother received a letter from her in April sent from the US, but Mr Turberville believes it was written in Australia and passed on to someone in America to post.

The letter said Ashley had started school.

The UK’s top family court judge, High Court family division president Sir Mark Potter, took the unusual step of lifting reporting restrictions which apply in children’s cases in hopes the publicity would help trace Ashley.

Anyone with information was asked to contact the Royal Courts of Justice in London on +44 207 947 6200.

[Link: Original Article ]

Categories: Co-Parenting, Sperm Donor Tags:

Australian Gay & Lesbian Law Blog – "NSW: Bill passes Upper House" by Stephen Page

(Stephen Page) previously reported that New South Wales Attorney-General John Hatzistergos had introduced a Bill to Parliament to amend 55 pieces of legislation, including now providing a presumption that where a woman gives birth and is in a lesbian relationship and going through IVF, then her partner will also be deemed to be a parent.

This Bill, with amendments, has now passed the Upper House and is on its way to the Lower House.

Fred Nile’s most significant amendment was to allow fathers to be shown on the birth certificate for children of lesbian couples, if the fathers wanted to. Here is what he (and Hatzistergos) said:

[Fred Nile]Insert after clause 5 (2):

(3) If the particulars supplied to the Registrar under section 14 of the Act specify that:

(a) a parent who is the father of the child wishes to be identified in the Register as the father, or

(b) a parent who is the birth mother of the child wishes to be identified in the Register as the mother,

or both, the particulars entered in the Register under section 17 of the Act must identify the parent as the father or mother, as the case requires. This subclause does not limit the particulars which may be included in the Register.

The amendment seeks to address the criticism that the bill’s wording seems to devalue the role of the father in that it gives the appearance that the father would not be shown on the birth certificate in this circumstance. What appeared to be an omission and a downgrading of the role of the father has caused a deal of concern about the legislation as a whole; indeed, most of the criticism has focused on that aspect. I have been endeavouring, as have other members, to find a way of resolving that situation. The Attorney General has indicated that it was never the Government’s intention to make any statement in the legislation about the role of the father or the importance of fatherhood. If that is the case—and I believe it to be the case—I seek the Government’s support for the amendment and the support of Opposition members by way of a conscience vote.

The Hon. JOHN HATZISTERGOS (Attorney General, and Minister for Justice) [11.22 p.m.]: The Government will support the amendment. As I clearly indicated in my second reading speech, it is not the Government’s intention to modify the way birth certificates are issued in the sense of removing the names of mothers and fathers. Indeed, the current practice in relation to the naming of mothers and fathers has been an administrative practice that is not regulated by specific provisions. However, in order to allay any concerns we are happy to support the amendment.

Click here for Hansard of the debate.

[Link: Original Article]

Categories: Birth Certificate, Co-Parenting, Gay, Lesbian Tags:

ABC Online – "Rights Win for Lesbian Families"

The rights of New South Wales children with lesbian parents have been expanded under legislation passed by the State Government.

The law clears the way for children from lesbian couples to inherit money from their non-birth parent and receive workers’ compensation on behalf of their non-birth parent.

It also allows both mothers to appear on their child’s birth certificate.

NSW Attorney-General John Hatzistergos says the Bill is a big step.

“It means that the non-birth parent will have obligations to that child in the same way that every other parent has,” he said.

“It also means that child will have the same relationship with the non-birth parent as they do with their birth parent.”

Mr Hatzistergos says shadow attorney-general Greg Smith defied his own party in voting against the Bill.

“The Opposition is hopelessly divided on this issue but it’s important to recognise that the vote was carried 64 to 11,” he said.

“With Mr Smith being one of the few leading spokespersons within the Opposition voting against the legislation, he not only defied his leader but also the leader of the National party.”

Emily Gray, from the Gay and Lesbian Rights Lobby, says many Liberal MPs, who voted against the reforms, were confused about the meaning of reforms.

“A lot of that was stemming from the fact that they believed that fathers would be removed from birth certificates following these reforms and that’s just simply not true at all,” she said.

Ms Gray says the changes have been long-awaited.

“With 71 per cent of the Australian population now supporting equal rights for same-sex couples, it’s about time that this equality came through,” she said. “We’re really happy that it has.”

[Link: Original Article]

Categories: Birth Certificate, Co-Parenting, Gay, Lesbian Tags:

Sydney Star Observer – "Rudd's Broken Promise" by Emily Gray & Peter Johnson


In response to the 2007 pre-election survey from the Gay and Lesbian Rights Lobby and ACON, Kevin Rudd and the Australian Labor Party promised the following: “Labor is committed to equality for gay men, lesbians and same-sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality, with the exception of the Marriage Act.”

Last week the federal government indicated that it would not be including the Family Law Act 1975 in its first raft of reforms to provide equality for same-sex couples. A few weeks ago the Rudd government announced its plans to introduce equal rights for lesbian and gay couples in many areas. We will have the same super benefits, tax breaks and access to healthcare as straight couples. The Rudd Labor government has decided not to include the Family Law Act 1975 at this time. If they continue to exclude it, this will be a broken promise.

The omission of the Family Law Act 1975 from the package of announced reforms will have a number of discriminatory impacts for our community. A lesbian co-mother will not be recognised as a “parent” in child-related court proceedings in the Family Court. This creates uncertainty for a child in the event of a relationship break-up. This also means that a birth mother cannot pursue child support through the Child Support Scheme from the co-mother in the event of a break-up. Already, lesbian parents have to go to enormous financial and personal costs to secure child support for their children and resolve conflicts on the breakdown of a relationship.

Leaving out this reform will also contribute to discrepancies between federal and state law, leaving couples uncertain about their rights and the rights of their children. We are talking about a significant number of people. An estimated 20 percent of lesbians have children and this figure is likely to be increasing. The 2006 Census recorded at least 4,386 children living in same-sex families in Australia. This change is necessary to ensure the majority of same-sex families are treated equitably. It is in the best interests of these thousands of children to have the economic and emotional security which comes with the legal recognition of their families

[Link: Original Article]

Categories: Co-Parenting, Family Court, Gay, Lesbian Tags:

Time Out Sydney – "Doting Dads" by Andrew Georgiou

However and whenever the calling to be a dad arises, the fact is that gay men make incredibly loving, nurturing and open-minded parents. In this special report, Andrew Georgiou looks at the different roads to gay fatherhood in Australia.

Click on the images to see full size.


Doting Dads

However and whenever the calling to be a dad arises, the fact is that gay men make incredibly loving, nurturing and open-minded parents. In this special report, Andrew Georgiou looks at the different roads to gay fatherhood in Australia.

Parental instincts. Some men are born with them, for others the desire to be a gay dad kicks in later in life. Gay Dads Australia is a national group of gay men who celebrate the joys of fatherhood through online forums, social gatherings and exchange of resources on their website which has been operating for just over five years.

Rodney Cruise, 42, runs the Gay Dads Australia website which boasts over 400 members between NSW and Victoria. While Cruise and his partner 39-year-old Jeff Chiang have experienced the joys of parenting their 15-month-old son Ethan through a surrogacy arrangement they underwent in the United States, Cruise notes that gay dads across the country have fulfilled their dreams of fatherhood through a variety of scenarios.

“We have dads who have become fathers through known donor arrangements, co-parenting agreements, surrogacy and those with children through previous relationships with women”.

Each situation varies, but the fact remains: a greatly loved child is the ultimate outcome.

Surrogacy

Mostly exercised through surrogacy agencies in the United States, this process is proving to be increasingly popular with gay men in Australia with the desire to be full time dads. Surrogacy sees a gay man or gay male couple firstly choosing an egg donor through a clinic and fertilizing that egg with one of the couple’s sperm. With the assistance of a surrogacy agency, the male couple are introduced to a surrogate whom through IVF, will be implanted with the fertilized egg and carry the baby for the couple to full term. The surrogate is in no way linked to the child, leaving the biological father and his partner as the legal parents to raise the child in Australia.

In 2006 Cruise and Chiang were blessed with their first son Ethan through the assistance of US based Surrogacy agency Growing Generations, which has helped over 500 couples become parents. Their affection and connection with their chosen surrogate developed so strongly during her pregnancy with their son, Rodney and Jeff extended their family network to include Kelly into their now 15 month old son Ethan’s life.

“Even though they are in the US and we live here, Kelly and her family are now a part of ours”, says Jeff.

“Women like her, do this because they genuinely want to help people become parents”. Cruise’s partner Jeff comes from a traditional Taiwanese family which has a long history of basing family on geography rather than biology.

“Jeff’s extended family is made up of people who have descended from his parents village who are often not biologically related. When you think about it these were the first alternative families, and Jeff and I continue that tradition by creating our sense of family as loving and devoted fathers to Ethan” says Cruise.

It’s inspiring to see that a traditional Taiwanese culture can embrace the concept of gay parenting, while negative sensationalism perpetuated in the local media can feed intolerance from with Australia’s wider community. While the costs involved in becoming parents reached the $150,000 mark, Rodney and Jeff’s natural paternal instincts will see them extend their family again when the surrogate for their next child is chosen in May.

“The concept of the traditional family is rather outdated,” says Cruise, “the genetic make up of a family is irrelevant to us. We believe a family is about love.”

Known Donor

The flipside to the surrogacy scenario is the known donor situation where a gay male provides the sperm to single lesbian or a lesbian who is partnered. The basis of this arrangement sees the single or coupled lesbians raise the child with any parental rights or responsibility placed on the biological father. Individual arrangements may be made where the father sees the child throughout his or her upbringing, as either an uncle, family friend or even as dad, though the parental rights are reserved exclusively for the lesbian couple. Known donor cases are usually carried without issue as they have taken on a specific role, which takes a step back from the role and responsibilities of raising the child. 39-year-old Allan from Sydney’s inner West is the very proud known donor to nineteen-month-old Zara.

While Allan spends quality time with Zara and enjoys a close friendship with her lesbian parents, he has maintained the agreement, which sees Zara’s mothers as her full time parents. “I’m very close to the girls and Zara and see them every week. My reward for the gift I have given the girls is seeing the immense joy Zara has brought to everyone’s lives, including grandparents,” says Allan.

“I guess I am seen as a satellite figure or even uncle, and that has worked out incredibly well for all of us. All of our friends have been extremely supportive of the situation.” Last month the NSW Government made its long awaited announcement that it would commit to amending laws to give same-sex parents of children conceived through artificial fertilization the right to officially registered the names of both mothers on a child’s birth certificate.

Co-parenting

Sees the single male or gay male couple act as a co-parent, along side a single or couple lesbian. This arrangement may see a child with two mothers and two fathers, which ultimately provides a double dose of devotion and love for the child. “The biggest issue for gay dads in co-parenting is working out a reasonable arrangement with a lesbian couple and maintaining it,” say Gay Dads Australia’s Rodney Cruise. “Often couples may site down prior to the arrangement and figure out who will see the child and when.”

Many Australian children may have four heterosexual parents through divorce and new marriages, the child of four gay parents often grow up with the extended family from birth. Co-parenting may see the child living with either sets of parents on a full or part time basis based upon a mutal agreement between the male and female couples.

Adoption

Adoption ofr gay singles and couples is legal in the United States, United Kingdom, South Africa, Spain, Sweden and the Netherlands, Australia has failed to catch up to speed. In 2007 a WA couple made Australian history by being the first gay couple granted the right to adopt, however since the landmark ruling no other couples have been allowed to follow suit. Though inter-country adoption between Australian and co-adoption countries such as China exist for heterosexuals, the same rights are not currently extended to gay and lesbian singles or couples wanting to adopt.

Previous relationship

Like countless other gay fathers across Australia, 45-year-old Gregory Duffy, from Sydney’s East has enjoyed the riches of
fatherhood through children born out of a previous heterosexual relationship. “I was married, in love and ultimately wanted to start a family and have children of my own,” recalls Duffy.

After the birth of his second daughter, Duffy came to terms with his own sexuality. “I came out to myself toward the end of 1993, and left the marriage when my children Victoria and Georgia were five and two-and-a-half years old. All they really knew was that Dad had left but not for a deeper reason. I did not officially come out to my wife till at least 6 months later.”

“Finally, we began to talk about a whole lot of issues we never touched on before.”

Although Duffy did not come out to his eldest daughter Victoria for another seven years, he recalls his eldest girl struggling with the decision more than his youngest.

“Victoria was quite upset and didn’t fully understand what it was for me to be gay, but after numerous long chats she slowly adjusted and actually felt it was quite cool to have a gay dad!”

Today Greg enjoys a wonderful relationship with Victoria, 19 and Georgina, 16. “Having two beautiful daughters that accept me for who I am and have never judged me for being gay has enriched our relationship. It has been an interesting and emotional journey, but to know I have had their love and support has made the road much easier to travel.”

For more information on Gay Dads Australia and advice on surrogacy go to www.gaydadsaustralia.com.

[Link: Original Article]

Sydney Morning Herald – "Father to go from birth certificates" by Heath Gilmore


A CONTROVERSIAL new bill that will remove the word “father” from birth certificates to recognise lesbian couples who have children through IVF will be put before NSW Parliament.

Fifty laws across NSW covering the Local Government Act, Industrial Relations Act and the constitution will be amended to include new parental presumption protection for female same-sex couples.

The bill equates the position of a lesbian partner of a woman who has a child after becoming pregnant by a fertilisation procedure, other than sexual intercourse, with the position of a married woman’s husband. Lesbian parents will see expressions such as “birth mother” replace “mother” and “both parents” to replace “the father and the mother” on birth certificates.

Lesbian parents will also be given protection for their children under workers’ compensation, inheritance law and parent-teacher nights at school. Schools will also be forced to recognise both partners in a lesbian couple as “parents”.

However, a number of NSW Coalition MPs have deep moral concerns about the bill. On Tuesday the Coalition voted to give members a conscience vote on the issue. Shadow Attorney-General Greg Smith said some MPs were concerned that the role of fatherhood was undermined by the bill, which is expected to be debated this parliamentary session. It is understood Mr Smith proposed the conscience vote.

Minister for Women Verity Firth said the Opposition’s decision to hold a conscience vote on laws to give equal rights to the children of same-sex couples was evidence of the Opposition’s lack of leadership.

The conservative Australian Family Association is campaigning against the change.

Gay & Lesbian Rights Lobby spokeswoman Emily Gray said the changes would give children added emotional and financial stability.

[Link: Original Article]

Categories: Birth Certificate, Co-Parenting, Gay, Lesbian Tags:

Relationship and Parent Rights Question & Answer – Jenni Millbank


Jenni Millbank is a Barrister and Professor of Law at the University of Technology, Sydney. Jenni has an extensive background in family law and same-sex relationship recognition.

This is an extract of the advice provided on the GLRL website (www.glrl.org.au)

Please note that this column is information of a general nature only and does not constitute legal advice.
*NEW* Questions Answered this Month:

* Both I and my same-sex partner want to migrate from our home country to Australia. Can we do this together as a couple under the skilled migration program?
* The federal government lacks the constitutional power to introduce civil unions (as the power it is granted in the constitution is over “marriage”, “divorce” and “matrimonial causes”). What are some options available to get around this problem?
* Are fertility clinics in NSW and Qld prohibited from providing access to lesbians?
* Is it possible to become a parent through surrogacy in Australia? What is the law with regards to payment to the surrogate mother by the donors?
* What is the age of consent in NSW?

Previously Answered Questions:

Adoption, Surrogacy and Parenting

* Are agreements between donors and mothers binding?
* What is the legal position of known and anonymous donors?
* Is second parent adoption possible in Australia, ie can a lesbian co-mother adopt children born to her partner?
* Would marriage give the right to adopt? Or would civil unions or de facto status do so?
* What is the legal standing of surrogacy in Australia for gay men wanting to be fathers?

Civil Unions and Marriage

* What federal rights available to married and de facto couples are not available to couples under a state-based civil union?
* Do married couples have more rights than de facto couples at federal level?
* Some people are against marriage because historically marriage treated women as property. Are women disadvantaged in any way in modern day marriage?
* What is the difference between relationship registration and civil unions?
* If I register my relationship in Tasmania or have a civil union in the ACT, will that be recognised in federal law – eg for immigration purposes will I be treated as married rather than as interdependent?

De Facto Relationships

* What relationship rights do I have at the moment?
* How is de facto recognition different from marriage or civil unions?
* I read that the De Facto Relationships Act applies 11 tests to determine the legal validity of a de facto relationship, and that typically gay men can only satisfy 4 of these 11 criteria. Is this so?
* How do I prove I am in a de facto relationship?
* Would federal recognition of same-sex couples as de facto relationships take away any of our current rights at state level?
* Would de facto recognition at federal level allow a government that did not like same-sex relationships to ban same-sex relationship recognition, like the marriage ban?

Protecting your Relationship Rights

* What rights do straight couples have that I don’t have?
* What can I do to get legal rights and protection for my relationship now?
* What is a “domestic relationship agreement”?
* How can I enter into a domestic relationship agreement and how much will it cost?

Sex

* What is the age of consent in NSW?

Superannuation

* How do I prove my relationship for superannuation

To find out the answer to these questions and more, visit the GLRL website at www.glrl.org.au or click here.

SX – "One State, One Mother" by Jenni Millbank


There’s no reason for New South Wales to be dragging the chain in same-sex parenting rights, writes Jenni Millbank.family-250.jpg

The majority of same-sex families in Australia are formed by lesbian couples having children through assisted conception.

In some families this is with anonymous sperm, while in others it is with the help of a known donor or biological father who is often a gay man.

Men in these arrangements occupy a wide variety of roles, from a ‘donor’ with little or no contact with the child, to an on-going relationship that is friendly and may or may not involve him being called ‘Dad’.

Children in all of these families have two mothers but have the protection and security of a legal relationship with only one parent: the birth mother. These children may also be deprived of a legal relationship with their sister or brother. Even if they have the same biological father but are each born to a different mother in the couple, NSW will not record the children as siblings.

A very simple way to solve this situation is to open up the existing presumption of parental status for heterosexual couples and apply it to lesbian couples.

A man who consents to his female partner conceiving through donor insemination or IVF is the legal father of the child regardless of his lack of genetic connection to the child. This presumption, in existence for more than 30 years in Australian law, renders social fathers the legal fathers of children whom they intended to raise.

A sperm donor, whether known or anonymous is (like an egg donor) not a legal parent.

This rule recognises the importance of children having a legally protected relationship with both of the parents who actually live with and care for them, regardless of genetic connection.

Such parents can then make important medical decisions for their children, can travel with them overseas, and can pass on property to them in the absence of a will. Legal recognition also ensures that both parents are equally placed if they later separate and have a dispute.

The biological connection of one parent in these situations should not be used as a weapon to exclude the other.

Providing automatic recognition to the second female parent in lesbian families should not be seen as something that competes with, or detracts from, the rights of a known donor/biological father.

Firstly, known donors are not legal fathers in Australia, so they do not lose any rights by co-mothers gaining parental status.

Secondly, in the vast majority of families, children live with their mothers and some have a contact relationship with their biological father, which does not necessarily require full parental status.

Furthermore, if biological fathers have, or wish to have, relationships with children, the Family Court has attached great importance to both the social relationship and their biological connection with the child, regardless of the lack of legal parental status.

Legal recognition of lesbian co-mothers is not about devaluing the role of involved gay fathers; rather it is about providing a clear legal support for the primary caregiving unit.

In 2002 Western Australia was the first Australian state to extend a presumption of parentage to lesbian partners, followed by the Northern Territory in 2003 and the ACT in 2004. This parental status will be extended to both female parents in Victorian law later in 2008.

Equivalent reforms have also been in place in South Africa since 2003, New Zealand since 2004 and were introduced in most Canadian provinces from 2002-2006.

The Human Rights and Equal Opportunity Commission recommended similar provisions for all federal law in their report into same-sex families last year.

Yet last week the NSW Attorney-General John Hatzistergos announced that NSW will not follow the lead of WA, the ACT, NT and Victoria, and will instead continue to prevent children in lesbian families from having the protection and care of two legal parents.

This stubborn resistance to the tide of change is lamentable: NSW was the first to introduce same-sex couple rights in 1999, don’t let us be the last to pass parenting rights.

Jenni Millbank is a Professor of Law at the University of Technology, Sydney.

[Link: Original Article]

SX – "Same-sex families in NSW disadvantaged" by Reg Domingo

Same-sex families in NSW are at a significant disadvantage compared to those in other states because without a parenting order, a co-parent has no legal rights.

Professor Jenni Millbank from the Faculty of Law at the University of Technology said that unlike Western Australia, the ACT and Northern Territory, donors and co-parents in NSW are not automatically granted co-parenting status.

The lack of such provisions means that same-sex families in NSW do not share the same legal protection as those in other states in areas such as health, finance and inheritance.

“It’s a whole range of laws both in NSW and federally,” Millbank told SX. “For example, if a co-mother died or was injured, then her children wouldn’t automatically receive inheritance from her. The child wouldn’t be entitled to work or accident compensation. Likewise if the mothers break up, the birth mother isn’t able to use the Child Support Act to seek financial support from the co-mother.”

Millbank said that, in the event of a break-up, while a co-parent could still gain rights by proving their involvement with the child, “it’s a very uneven playing field in the sense that the co-mother has a much higher threshold to meet in terms of proving that her relationship with the child is beneficial for them. Whereas for a legal parent, that would be the starting point, because of course it would be beneficial for them to spend time with her.”

Last week, the NSW Attorney-General John Hatzitergos announced that the Iemma Government will not update its legislation, despite signs that the Victorian government will seek reform. It’s a move Millbank described as “sheer gutlessness”.

“It’s an area where there’s a clear and pressing need for recognition where there’s no advantage in any respects to say that one group of children should only have one legal parent while another has two. It doesn’t do anyone any good,” Millbank said. “It’s not like we’re waiting for some results to come in. We have a clearly defined problem and a clear and obvious solution. It’s just sheer gutlessness.”

[Link: Original Article]

Categories: Co-Parenting, Gay, Jenni Millbank, Lesbian Tags:

Sydney Morning Herald – "She's the girl of their dreams" by Louise Hall, Health Reporter

Meet Qona, the nine-year-old girl at the heart of an extraordinary tale of modern-day parenting.

Her birth mother lives in Sydney with her girlfriend. Her other mother, the woman she calls “mum” – the ex-girlfriend of her birth mother – raised her in New Zealand on her own.

But it’s her gay dad who will soon take responsibility for raising her.

Qona’s remarkable “rainbow” family is one of a growing trend of gay and lesbian people redefining parenthood. “We call ourselves a family,” said Qona’s dad, Mark Harrigan, a hairdresser from Newtown.

Jill Christie, her non-birth mother, agreed: “To her, this is normal – she knows her dad is gay and her mothers are lesbians.

“She knows she wasn’t created through sex – instead we tell her she was born scientifically – and she’s proud of it.”

Qona Venus Harrigan Christie was conceived in Sydney through home insemination using Mr Harrigan’s sperm. Ms Christie said she and Qona’s birth mother, Sarah (not her real name), chose Mr Harrigan because he wanted to play a hands-on role in his child’s life.

“I think if a kid has the chance to know both their mum and dad why deny them that?” she said.

“Otherwise they’ll spend the rest of their lives wondering about that unknown parent.”

Three weeks after Qona’s birth at Royal Prince Alfred Hospital, Ms Christie obtained a parenting order from the Family Court which granted her extensive rights as co-mother.

Qona, a Solomon Islands name meaning peaceful dove, was named after Ms Christie’s mother. Qona was also given Ms Christie’s surname.

Mr Harrigan said his daughter’s birth was the fulfilment of a lifelong dream. After Sarah gave birth, Mr Harrigan was the first person to hold the newborn. A year later – dressed in drag as “Margaret” – he held a sleeping Qona in his arms on top of the lead float in the Sydney Gay and Lesbian Mardi Gras.

“I always knew I was going to be a father – the difficulty lay in how that would happen,” he said.

“Now I can’t believe I produced something so beautiful.”

Qona’s early years were full of change. Mr Harrigan had her every third week from the age of three months till she was 4½ years, when Sarah and Ms Christie moved back to their native New Zealand.

But just a year later the lesbian couple split and Sarah returned to Sydney, leaving Ms Christie to cope as a single mother in Wellington, a conservative town with a small gay community. Suddenly alone, she had to give up her high-powered career in health administration.

“It’s cost me a lot – my career, my relationships and financially,” Ms Christie said.

Now 55, she has decided Mr Harrigan, 39, is more able to guide Qona through her adolescent years.

As a sperm donor, Mr Harrigan has no legal rights involving major decision-making about Qona’s education, living arrangements or health. He has no liabilities either, such as child-support payments.

Last month the three parents held their first “parenting conference” and decided Qona will move back to Sydney. Ms Christie may also move in with dad and daughter, and even Sarah may play more of a role.

“With so many divorces and re-marriages it’s not that extraordinary to have three parents anyway and our sexuality has nothing to do with our parenting,” Mr Harrigan said.

Despite the unconventional nature of her upbringing, Qona, Ms Christie and Mr Harrigan said, is a stoic, self-assured little girl who is proud of her mums and dad.

“When I visit she drags me round the playground telling everyone I’m her dad,” Mr Harrigan said.

A 2006 US study found that the adolescent offspring of same-sex parents did not differ from the children of heterosexual parents in self-esteem, peer relationships, school adjustment, drug use or sexual experience. In fact, teenagers of same-sex parents coped better with prejudice and bullying.

The other important adult in Qona’s life is Mr Harrigan’s partner, John Cobban.

Mr Cobban said in the past he’s refused requests to be a sperm donor, believing a child “should have a male and female input into its life”.

Being part of Mr Harrigan’s world has changed his view.

“Meeting this unique family has opened my eyes and changed my thoughts on gay parenting,” he said.

Rodney Cruise, from Gay Dads Australia, said while lesbians had been raising children for decades, gay men actively seeking fatherhood was a relatively new trend. He said gay men usually teamed up with a lesbian couple, single lesbian or single heterosexual woman. Increasingly, though, they are using a surrogate in overseas countries and raising the child with their same-sex partner.

“Gay and lesbian people will have children and you can’t stop them,” he said. “What makes a family is love and that’s what people care about – that the kids are loved, happy and well looked after.”

Mr Cruise and his partner, Jeff Chaing-Cruise, have a son Ethan, 15 months, who was born by surrogacy in the US.

He also has a child to a lesbian couple but he doesn’t have a daily role in her upbringing. He said there is growing acceptance of same-sex couples in the wider community.

Qona is an outgoing, sporty child who has represented her school in athletics, swimming and cross-country. Ms Christie said she was hitting the age where “sex is on the agenda” and her parents would continue to be open about their sexuality.

Research shows children raised by same-sex parents are no more likely to identify as gay or lesbian in adulthood than children raised by heterosexual parents.

Ms Christie believes Qona will probably experiment with boys and girls as she grows up, but “she has a much chance as being gay as any other child”.

[Link: SMH Article]
[Link: The Age Article]
[Link: Brisbane Times]

Brisbane Times – "NSW slow to adopt parent provision"

NSW is lagging behind other states because, without a parenting order, a donor or co-parent has no legal rights, a same-sex parenting expert says. Professor Jenni Millbank, from the Faculty of Law at the University of Technology, says there is a growing awareness in the community that “not everybody raising a child is their biological parent”.

But unlike in Western Australia, the ACT and Northern Territory, where the partner of the biological parent is automatically awarded co-parent status, much like the male partner of a woman who conceives through IVF, there is no such provision in NSW.

Professor Millbank says while proof of ongoing involvement in the life of the child can be used in court in the event of a dispute, “there is no excuse for NSW to be so slow at recognising parenting rights for same-sex couples”.

A spokesman for Attorney-General John Hatzistergos says his Victorian counterpart, Rob Hulls, has indicated his intention to raise the issue of same-sex parental rights at this week’s Standing Committee of Attorneys-General meeting. But he says the Iemma Government has no plans to update NSW legislation.

Research conducted in Australia and the US shows up to 10percent of gay men and 20percent of lesbians are parents. Up to half of these parents had children in a previous heterosexual relationship, but this proportion appears to be declining.

The 2006 Private Lives report which surveyed 5476 lesbian, gay, bisexual, transgender and intersex people across Australia found 25.6percent had children while a 2005 Victorian Gay and Lesbian Rights Lobby report indicated that 18.6percent had children.

[Link: Original Article]

Categories: Co-Parenting, Jenni Millbank Tags:

Sydney Star Observer – "Gay Parents on the Move" by Harley Dennett and Doug Pollard


The Victorian Government has moved to legalise assisted reproduction and surrogacy for same-sex couples and single people.

But federal Medicare IVF funding is yet to catch up; still the exclusive right of clinically infertile women unless Health Minister Nicola Roxon intervenes.

Adoption too remains elusive, not included in the new laws, but Victoria’s same-sex couples will still have more rights than those in NSW.

The Rainbow Families Council and Gay Dads Victoria welcomed the moves, likely to be introduced to Parliament early next year.

Under the proposal by Victorian Attorney-General Rob Hulls, only two parents of any gender may be listed on a child’s birth certificate.

“But that doesn’t stop consensual arrangements taking place in relation to the care of the child,” Hulls said.

“That can happen now, and that won’t change if there’s consent from all the parties as to who’s involved in bringing up the child.

“There were no recommendations in relation to changing the current workable arrangements that exist.”

The proposed changes also fail to address self-insemination, currently illegal for unmarried couples.

“At the moment the law is not clear, but the criminal liability under the current infertility treatment act for self-insemination was never intended to apply criminal penalties to those who self-inseminate, and that will not change,” Hulls said.

“What these recommendations propose to do is discourage self-insemination and all the risks associated with it and put appropriate regulations and guidelines around access to IVF.”

The reforms came after a report by Victorian Law Reform Commission released earlier this year that found same-sex couples are equally good at raising families.

Sources in the NSW Labor Left are confident our own Government will move forward early next year with plans to allow same-sex parents to be jointly recognised on birth certificates.

Gay and Lesbian Rights Lobby convenor Emily Gray warned NSW was falling behind in providing children in same-sex families with the basic financial and emotional security that comes with the legal recognition of their parents.

“To fully recognise the diversity of family forms in our community, parenting reform must be a complete package – otherwise some of our families will miss out,” Gray said.

“The best interests of children should never be compromised for prejudice and discrimination.”

Doug Pollard is a Melbourne reporter for SSO’s sister publication bnews.

[Link: Original Article]

Categories: Adoption, Co-Parenting, Gay, IVF, Surrogacy Tags:

DNA Magazine – "Deserving Dads" by Robbie Fells

February 1st, 2008 No comments

Don’t let the excitement of becoming a father cloud your vision and enter an arrangement you might regret.

You’ve recently met your co-parent mum. She’s a single lesbian and you say to yourself, “Our kids would look gorgeous. We share similar views about parenting, neither of us believe in private schooling and we’ll work out the rest… I’m going to be a dad!”
Well, I did become a father and have an amazing three-and-half-year-old son that my partner and I parent five days a fortnight and during the school holidays. The rest of the time he spends with his mum and I pay child support just like any separated couple. But five years on, the person my partner and I had our child with is still a stranger.

Not everyone’s co-parenting experience has to be rocky, though. I’ve come across a range of co-parenting situations, some that work well and others that don’t. So what are the ingredients for success?

1. Think about the level of involvement you want raising your child. Be honest with yourself and be clear about this with the co-parent.

2. Do you expect to make decisions about the child’s welfare with the mother? Do you share decision making with your partner as well? What about the birth mum’s partner?

3. Are you matched in your views on raising children?

4. How do you relate to one another? Are you friends? Do you avoid conflict or deal with conflict together?

A lot of co-parent dads accept what they think they deserve rather than what they want. What a lot of gay fathers think they deserve is grounded in religious guilt, societal attitudes about homosexuality and a belief that gay people aren’t supposed to have children anyway, which can lead to an “I’ll take what I can get” mind-set. This is counterproductive. Remember that you have the ability and the right to be a great father.

The best co-parenting arrangements I’ve seen are those where the dad/s have limited involvement during the infancy and the mum/s determine when time with Dad occurs. The most common contact in the early years is visiting the child at mum/s house with overnight visits occurring once the child is around school age. If this does not meet your expectations then it’s helpful to discuss this with the mum/s. Don’t tiptoe around your needs.

Most arrangements I’ve seen have had changes to original agreements at some point. If you don’t have the ability to resolve conflict then you may feel compromised as a result of expectations not being met, so it’s important to find a match that meets your expectations.
While difference is great, there are some fundamental issues that need to be the same. For example, if your co-parent does not want the child immunised and you do that’s a recipe for disaster.

If there is unresolvable conflict you need to identify it before entering into the relationship and find a more suitable match. However, you still need to be able to bounce back from conflict. As in all relationships, regardless of how long you’ve known the co-parent, conflicts still arise. You need to be able to discuss these rationally and constructively, keeping in mind what is best for your child.

Your dreams do come true when you see your child for the first time. I believe it takes a village to raise a child, not just one or two people, so co-parenting can be an ideal situation.

Just remember not to rush in to being a father. The excitement of the possibility is intoxicating and can lead to poorly thought-out decisions, which can have dire consequences. Think about what’s best for yourself, your partner, the co-parents and especially your child so you can make the reality of fatherhood an amazing, rewarding experience.

[Link: Original Article]

Categories: Co-Parenting, Gay, Robbie Fells, Surrogacy Tags:

SBS TV – "Two Mums and a Dad"

January 22nd, 2008 No comments

Two Mums and a Dad – “2 Mums and a Dad is the story of the rocky road of 3-way parenting, a unique exploration of the nature of family in today’s complicated society, as well as an insightful resource for everyone concerned with issues regarding the raising of children such as access, parent’s rights and family conflict”.

Categories: Co-Parenting, Gay, Lesbian Tags:

Sydney Star Observer – "Prospective Rainbow Parents Wanted" by Cara Davis

November 22nd, 2007 No comments

PROSPECTIVE RAINBOW PARENTS WANTED by Cara Davis

Cathy and her female long-term partner have long dreamt of becoming parents, but have struggled to find a gay couple to co-parent with.

The women want to find a gay man who is interested in their child’s life, but the opportunities for meeting and socialising with other prospective parents are rare.

For years, lesbians and gay men have been asking Dominic Gili from Rainbow Families where they can meet others to co-parent with but, with so few options available, Gili has had to suggest placing an advertisement in a local paper, or joining an online forum.

Gili, through Rainbow Families, has now organised a night for prospective rainbow parents at the Bank Hotel, Newtown, on Monday 26 November.

Gili said the night is intended to help those who have hopes of becoming parents and have not met someone to co-parent with. But it also will give people the opportunity to share stories and discuss child-related issues.

“Like-minded people can just come together and chat, and someone might make a contact who, down the track, they can co-parent with,” he said.

“It sounds too much like a dating game when you say it that way, but there is just no forum for that in Sydney at the moment.”

Gili said he had received a lot of interest from the men wishing to be dads, via the Gay Dads NSW group, and now hoped to spread the word among the lesbian community.

The Prospective Rainbow Parents night will start at 7pm. For more information email Dominic at nsw@gaydadsaustralia.com or call 0400 296 253 or 9573 0372.

[Link: Original Article]

Categories: Co-Parenting, Gay, Lesbian Tags:

The Age – "Parent case may alter 'family'" by Karen Kissane

November 21st, 2007 No comments

IN A case that could change the definition of “family”, a gay man who fathered a child has asked the Family Court to recognise his gay partner as a co-parent.

At a child access hearing in Melbourne yesterday, a registrar warned that the men were asking for a special status not normally given to parents in blended relationships.

“People separate or they have other partners, but (the new partners) are not regarded as having the same rights as biological parents, or the same parental responsibilities,” the registrar said.

“That’s what (the applicants) want, and it’s not what is usually given. It’s a vexed issue.”

A trial expected next year will decide whether the father’s partner can be recognised by the court as having “shared parental responsibility” for the child, to whom he has no biological link.

The child, a boy, lives mostly with his biological mother and her lesbian partner. He was conceived within their longstanding relationship using sperm donated by the gay father.

The mother and father agreed that both would have a role in his upbringing.

The mother’s and father’s relationship has since broken down. A report to the court by an independent expert said the boy was happy, confident, articulate and creative. He was affectionate with both couples, but regarded the women as his parents.

Yesterday’s hearing was over an application by the father to have more time with the boy.

The expert report had suggested he see more of his father, who was a significant figure in his life. The child’s independent lawyer told the court: “(He) needs more time with his father, whether his mother likes it or not.”

The registrar reserved his decision about increased access for the father.

[Link: Original Article]

Categories: Co-Parenting, Gay, Lesbian Tags:

Herald Sun – " Homosexual mum and dad go to court" by Craig Binnie

September 19th, 2007 No comments

A LESBIAN mother is battling to stop the gay father of her child from having his homosexual lover declared one of the child’s parents.

The Family Court heard this week the mother had been in a relationship with another woman for about 10 years when she asked a gay friend to impregnate her.

The court heard that even though the child’s mother and father lived apart they agreed they would both have a role in the child’s upbringing.

The mother, however, is fighting attempts by the father to have the court recognise his gay lover as the child’s second father.

The court heard allegations that the child’s father was involved in sadomachistic sex and bondage, had an interest in child porn and possessed a magazine containing an article about a father who had sex with his son.

The man denies the claims, which were made by one of his former lovers.

The mother’s lawyer told the court the boy would automatically spend time with his father’s lover when he had access to the child and that there was no need to have him formally noted as a co-parent.

She said the father’s lover was acting out a political agenda by trying to have authorities officially recognise him.

The court was told the father wanted the child to have two fathers and two mothers.

The court was told the only difference to an normal separated couple with new partners would be that the fathers were a couple and the mothers were a couple.

A lawyer appointed by the court to act on behalf of the child told the court the father and his lover had a stable relationship.

He said the child was progressing and developing well and there was no evidence of abuse having taken place.

Whether the father’s lover will succeed in being named as a co-parent will be decided at a trial in November.

[Link: Original Article]

Categories: Co-Parenting, Gay, Lesbian, Sperm Donor Tags:

The Age – "Rainbow Children" by Peter Munro

September 6th, 2007 No comments


When a daddy and a daddy love each other very much … More gays and lesbians are becoming parents, despite the obstacles in their way. Peter Munro reports.

NEXT month Rodney Cruise will become a father for the second time without having had sex with a woman. By then, it will be nine months since his first child, Ethan, was born to a surrogate in the United States, and Cruise and partner Jeff Chiang together cut the umbilical cord. They flew home to Melbourne as a family when Ethan was 11 days old, and three days later Cruise successfully donated his sperm to a lesbian couple who are close friends of theirs and who are now expecting their first child in four weeks.

Cruise, 41, a patent attorney, came out as gay when he was 13, but it is his new role as a father that attracts attention. “We both wanted to be parents and didn’t see our sexuality as being a bar to that; it just complicated things,” he says.

They used a surrogacy agency in California at a total cost of about $150,000, including flights and accommodation and $35,000 for their surrogate Kelly, from Ohio. They plan to return to the US before Christmas to conceive another child by surrogacy.

That child will be Cruise’s third, one of a growing number of babies born of gay and lesbian parents. Victorian families with same-sex de facto partners and at least one child aged 18 or under grew by more than a third in the five years to the 2006 census. Across Australia, there were almost 2400 families with at least one gay or lesbian parent, a jump of about 26 per cent.

If anything, these figures grossly underestimate actual numbers of gay and lesbian families, many of which are not comfortable publicly divulging details of their sexuality. But they offer a good guide to the increasingly pink face of Australian families. The most startling jump in Victoria was in gay families with preschool children, with the number of declared same-sex families with children aged four or under more than doubling to 167.

Dr John McBain, director of Melbourne IVF and head of reproductive services at Royal Women’s Hospital, says there is a growing acceptance of same-sex families in the wider community. “I think the public is much more tolerant now of lesbian couples becoming parents,” he says. “People are far more aware that lesbian couples are loving couples in relationships as stable as heterosexual ones and that they make good parents.”

Shifting public perceptions have also favoured single women wanting to start a family. Surveys show that from 1993 to 2000, the number of people who approved of the use of donor sperm to help single women conceive more than doubled to 38 per cent. Almost a third supported the use of donor sperm by gay couples, compared with only 7 per cent in 1993.

Both groups of women have sought to start families through the Royal Women’s sperm storage bank, where sperm from known donors is screened for communicable diseases and frozen before it is available for self-insemination. Three months ago, the screening facility celebrated its first birth from one of the 15 women to have used the service, McBain says.

Seven years ago, McBain successfully challenged Victoria’s infertility laws on behalf of a 38-year-old animal shelter worker from Box Hill South, who had tried for eight years to conceive but was refused donor sperm because she was single. The 2000 Federal Court decision, upheld on appeal to the High Court, stripped out the requirement that women must be either married or in a solid de facto relationship to access assisted reproductive technology.

But such treatment is still limited in Victoria and South Australia, alone among the states and territories, to women who are medically infertile — effectively barring both lesbian and single women who function fine but don’t plan to test out their fertility with the opposite sex.

Lori, 34, and Libby, 32, a lesbian couple in western Victoria, are among a growing number of women who have had to cross the border to make a baby. In November, they will travel to Albury for their second shot at donor insemination for Libby, a horse midwife, at a clinic that is so busy it has closed its waiting list. Each attempt costs about $1500, not including the cost and inconvenience of having to stay interstate for several nights.

Lori, a part-time teacher at a Catholic primary school, who prefers not to reveal her surname, has a 10-year-old daughter from a former heterosexual relationship. She says that gays and lesbians, like the wider community, have become more accepting of parenthood.

“When I came out eight, nine years ago, there wasn’t a lot of support for lesbian mums. It was more like, ‘Why would you have a kid when you are gay?’ And I found it really hard to fight against that stereotype,” she says. “Now there are a lot more women who are saying that in a few years’ time they would like to have a kid.”

The couple have also advertised online for a donor, who they want to play an “uncle” role with limited contact, on Maybe Baby, one of several social groups for “rainbow families” — a mixture of homosexuals, heterosexuals, bisexuals and transgenders. They have had responses from a gay male who has previously donated sperm to two lesbian couples and a heterosexual man who says he would like to help.

They are not alone in pursuing parenthood online. On one website, a 30-something, non-smoking gay couple want to be co-parents and a 31-year-old lesbian with a nine-year-old son is on the lookout for a donor who is extremely fit, healthy and handsome. A gay couple in Perth want a woman to carry their child. And on the Queensland coast, a male bisexual wants to assist a single woman or lesbian couple, promising to help pay for the child’s rearing.

Other websites include forums with hints on DIY insemination, including the tip that women should avoid hot baths before and after they insert the syringe, and another on what name children should call their gay parents — Mum and Mumma? Dad and Pop?

The Rainbow Families Council, which was established last September, gives gay and lesbian parents the chance to meet offline as well. Felicity Marlowe, who co-ordinates the council’s Love Makes a Family campaign for legal reform, says the growing visibility of same-sex parents has made more gays and lesbians consider having their own children. “Sometimes you think every second person who is queer is having a child,” she says.

“We are seeing lots more requests from child-care centres and primary schools to look at how they can become more inclusive in their policies and their curriculum, because they are seeing more families with two mums or two dads.”

Schools in Melbourne’s inner northern suburbs are particularly inclusive of the children of gay and lesbian families, she says. That might mean simply stocking library books that include same-sex parents among their characters or amending standard letters home to refer to parent/parent rather than mother/father.

It is a long way from the day in 2004 when then acting Prime Minister John Anderson publicly criticised the ABC for a Play School episode showing a young child visiting the zoo with her two mums. The Federal Government is yet to change its tune, with Prime Minister John Howard maintaining this year that having a mother and a father gave children “the best opportunity in life”.

Some sectors of the Australian public also maintain that children need a mother and father, preferably married. A spokeswoman for the Australian Family Association says: “Children need an involved, on the ground, in the house, father and mothe
r. They don’t need other mothers, adopted mothers or other fathers.”

DISCRIMINATION was among the topics discussed at a symposium on same-sex parents for medical practitioners, healthcare workers and researchers at the University of Melbourne in June.

Dr Ruth McNair, a general practitioner specialising in lesbian and women’s health and a senior lecturer in the department of general practice at the university, says prejudice remains a potent issue for many same-sex parents. Men in particular face some opposition both from among the general public and from within the gay community, where they might be tagged with the derogatory term “breeders”.

“They are often faced with comments that lesbians would have got 20 years ago,” McNair says. “Comments like, ‘Why are you selling out to the mainstream, why don’t you just continue the gay lifestyle’.”

Such catcalls are gradually fading, though, says McNair, who is on maternity leave with her four-month-old son, Samuel, whom she parents with her lesbian partner. “There has been a huge change in the community in the past 20 years. If you look at the (Sydney) Gay & Lesbian Mardi Gras, the first group are always the Dykes on Bikes, but the second group is now mums with prams.”

In one sense, the debate has moved on, from discussions on the concept of gay and lesbian parents to a focus on their children as they grow older. A US study last year found that the adolescent offspring of same-sex parents did not differ from the children of heterosexual couplings in self-esteem, peer relationships, school adjustment, drug use or sexual experience. The only significant difference was that the teenagers of same-sex parents coped better with prejudice and bullying.

But in another sense, the debate has stayed the same. The Australian Family Association still argues that “there is bucketloads of research” showing that children need a mother and father.

This is despite the findings of the Victorian Law Reform Commission’s final report into assisted reproductive technology and adoption, which was tabled in Parliament in June. The commission made 130 recommendations for updating Victoria’s infertility laws, including that people seeking to undergo treatment or to adopt must not be discriminated against on the basis of their sexual orientation or be excluded on the grounds that they have no partner.

The commission also recommended that Victoria scrap its “clinical infertility” bar to treatment in favour of a simple test of whether a woman, in her circumstances, is unlikely to become pregnant by any other means. Attorney-General Rob Hulls, who has sat on the report for several months, has promised to respond before the end of the year.

Cruise and Chiang first told the story of Ethan’s birth to The Age in April and on the same day they were stopped in the street by a woman who thanked them for showing that her own gay son might one day give her a grandchild. “When I was young, I always wanted to be a parent but I couldn’t see how it could happen. Now there is a sense within the gay community than we can have it too and why should we be denied it,” Cruise says.

“Most parents want to be grandparents one day and we look forward to the day when Ethan, whether gay or straight, becomes a dad as well.”

[Link: Original Article]

ABC Radio – Life Matters – "Meet the Listeners: and baby makes four" with Rob McDonald


Rob McDonald and family talk about his family and being a gay dad living with two Mums. “These days, families come in all forms, two parents, one parent — but how about three parents living under the one roof? Today in our Meet the Listener segment we speak to Annie, Katy and Rob who live together and are all parents to baby Ali”.

[Link: ABC Radio]

Categories: Co-Parenting, Gay, Lesbian Tags:

The Age – "The Gay Couple"


SARAH Marlowe gave birth to twins Callum and Rafi almost a year ago. Being clinically infertile, she was legally able to use IVF in Victoria.

Now her partner Felicity wants to have a baby. But the “problem” is that Felicity does not have a fertility problem,

which means she cannot legally access these services in this state.

Instead of going to the expense of travelling to a more permissive state, Felicity intends to use the sperm of a known donor and inseminate herself at home.

It’s not ideal, and she would prefer to be inseminated by a doctor at a clinic. The couple see a clinic as her best chance of getting pregnant, but legally she can’t do that unless the Government adopts the Victorian Law Reform Commission’s recommendations.

The pair say a bigger problem is the lack of legal recognition for Felicity as the twins’ legal parent. Under current laws only the biological mother can be on the birth certificate.

They welcomed yesterday’s recommendations giving both parents legal recognition. Felicity, speaking on behalf of the Rainbow Families Council, said the report reflected the reality

of diverse families. “At the moment it’s still in the climate of uncertainty and we’d love there to be some legal certainty as soon as possible.”

[Link: Original Article]

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