Gay Dads Australia

IT’S hard to disagree with any government’s decision to provide greater protections to children – whether they have heterosexual or same-sex parents.

As Attorney-General John Hatzistergos said yesterday when announcing parenting rights would be extended to lesbians, the protection of children is one of the cornerstones of our society.

A new law will give equal rights to children who live in families where mothers are in same-sex de facto relationships – covering areas such as workers’ compensation, inheritance and school.

The legislation won’t cover same-sex adoption or surrogacy, but the Government is sending a clear message to the community.

After the battles on racist behaviour and the Aboriginal sorry campaign, gay rights is emerging as the next big front for the social engineers.

For some time an almost subterranean push by the gay and lesbian lobby – assisted by government quietly in the background – has been aimed at promoting the rights of same-sex couples.

But the powers have been coy about bringing this campaign into the open, ventilating the issues to the wider public and exposing the arguments to scrutiny.

Last week Education Director-General Michael Coutts-Trotter and Parents and Citizens Federation president Di Giblin were high-profile speakers at a Government-backed conference on sexual diversity, That’s So Gay.

Yet few people outside the event, which was organised by the AIDS Council of NSW, knew it was on and the agenda was not promoted to mainstream media outlets.

Mr Coutts-Trotter, who opened the conference and spoke passionately about the need to combat homophobia in schools, later downplayed his role to The Daily Telegraph. Yet the department already has a plethora of programs imbedded in the curriculum from Year 7 onwards all aimed at stamping out homophobic behaviour.

It was strongly suggested at the homophobia conference that children with two mothers face a tough time from bullying and harassment in the playground.

If this is correct then surely it is in the public interest that the wider community is properly and fully informed so that measures to stop this behaviour can be embraced.

[Link: Original Article]

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.

The New South Wales Government is moving to give children of same-sex female couples the same rights as those born to heterosexual parents.

Attorney-General John Hatzistergos says legislation will be introduced to cover children conceived by artificial fertilisation.

He says the current laws do not recognise the relationship a child might have with the female partner of their birth mother.

“So that they are unable for example to take on inheritance, they are unable to access benefits of compensation which may be due to them otherwise following a death or following an injury,” he said.

“Also those children would be unable to exercise responsibilities that children would normally have in relation to parents.”

But Mr Hatzistergos says the new laws will not cover children with gay male parents.

“That raises complex issues, particularly in relation to issues of adoption and the extinguishing of the rights of the existing birth mother and also issues relating to surrogacy,” he said.

“It’s not appropriate for us to move in that direction before that national discussion is able to proceed and is able to resolve issues as far as possible.”

[Link: Original Article]

Children born through in-vitro fertilisation (IVF) to lesbian mothers will have the same rights as those of heterosexual couples, under law changes announced by the NSW government.

Attorney-General John Hatzistergos said he had accepted NSW Law Reform recommendations extending “parental presumption” provisions to cover gay mums.

It was estimated 20 per cent of the state’s female same-sex couples had children, Mr Hatzistergos said.

The change affects those born through IVF or artificial fertilisation only, by granting parenting rights and obligations to the non-biological mother.

“The current law discriminates against these children who, at the moment, have a relationship with the birth mother’s partner that is not recognised by law,” Mr Hatzistergos told reporters on Tuesday.

“They are unable to take on inheritance, or the benefits of compensation which may be due … following a death or injury.”

The changes to the Status of Children Act 1996 will also allow these children to have both of their parents recognised by school authorities.

Both women in the same-sex couple must be in a relationship at the time of conception for the provision to apply.

On top of the new parenting laws, Mr Hatzistergos said the government would also amend about 50 state acts to remove discrimination against same-sex couples in NSW.

In some instances, he said, this would impose new requirements on same-sex couples to disclose a potential conflict of interest.

“The government will also be amending the anti-discrimination act to prohibit discrimination on the basis of a person’s domestic status,” Mr Hatzistergos said.

“In other words, the fact they have to reveal the existence of that relationship … shouldn’t be a ground on which they can be discriminated against.”

Mr Hatzistergos said the changes would not go as far as moves in Tasmania, and soon-to-be implemented changes in Victoria, where same-sex couples could add their name to a register.

“We want to see how this pans out nationally,” he said.

“Our preference is that these issues be resolved at a national level so there is consistency and uniformity across the jurisdictions.”

The law changes will be introduced to the NSW parliament later this year.

[Link: Original Article]

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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]

DANCING with the Stars judge Todd McKenney is fathering an IVF baby with his best friend. The gay dance guru will become a father at the end of May.

And he plans to be a hands-on dad.

“I’m absolutely thrilled,” he told the Sunday Herald Sun.

“This is something that we had talked about for 20 years, but I just wanted to be sure that the conditions were right.

“I wanted to be sure that I was financially secure enough to look after the child and also emotionally secure enough to take on the important role of fatherhood.”

It was shortly after his 40th birthday in May 2005 that McKenney decided that all these key elements were aligning, thanks to his success on Dancing with the Stars and he contacted his single friend in Melbourne to ask whether she was still interested.

“She immediately said ‘Yes’,” he confides, “because it was also the right time for her.”

The pair underwent rigorous IVF counselling to ensure the decision they had made was not one that had been taken lightly.

It also took well over a year for her to become pregnant.

“We have gone into this with our eyes wide open,” he says.

McKenney does not know the gender of the baby, but says his whole family is elated by the prospect of welcoming the child.

His sister has three children and his mother can’t wait to add another grandchild to the mix.

“The baby will be born in Melbourne and I currently work in Melbourne, but live in Sydney — so I will probably move down there to be closer to the child.”

According to McKenney, he and his best friend will share the parenting role, though as yet they have not decided on the logistics.

“I don’t think that we will all live together, but I will be close,” he insists.

McKenney says that he has wanted to be a father for as long as he can remember.

“I have always loved children,” he explains, “especially growing up in dancing schools where I was surrounded by 400 of them. It feels as though children have always been part of my life.”

McKenney is reticent to name the woman who is carrying his child because he wants to protect her privacy.

However, he admits she is also involved in showbusiness.

Throughout each of the six series of Dancing with the Stars, McKenney has cemented his reputation as one of the most controversial judges.

He has had famous stoushes with various female identities including Nikki Webster, Kate Langbroek and most recently Arianne Caoili.

[Link: Original Article]

GAY and lesbian couples would have the same adoption rights as heterosexual couples in plans being considered by the State Government.
Changes recommended by the Law Reform Commission also include legal protection for same-sex couples who act as parents and better access to donor information for those conceived by IVF.

The commission has made 27 interim recommendations to adoption and assisted reproductive technology laws, which will go before Attorney-General Rob Hulls next year.

The radical changes aim to end discrimination against same-sex couples and single people, said the commission’s chairman, Prof Marcia Neave.

But the suggested reforms have outraged family and religious groups.

Family First senator Steve Fielding said it was in children’s interests to be raised by a mother and a father.

“This undermines traditional values and the traditional family unit which comprises a mother and a father,” Senator Fielding said.

“That is the ideal and the best environment in which to raise our children who are our future,” he said.

“This is a defining issue in terms of family values and the Bracks Government must defend and uphold family values at all times.”

The Catholic Church and the Australian Family Association also condemned the proposed changes.

Vicar General of the Melbourne Archdiocese Les Tomlinson said children’s rights should supersede those of same-sex couples and singles.

“To legislate changes) would be depriving a child of their rightful entitlement to a mother and a father,” he said.

Gay and Lesbian Fertility Access Rights Lobby Convener Felicity Martin said: “Children of gay and lesbian parents do not suffer because of the sexuality of their parents.

“They suffer from the stigma and discrimination that they face when the family is not acknowledged socially or legally,” Ms Martin said.

Adoption by same-sex couples is allowed in Western Australia, Tasmania and the ACT.

Other recommendations by the commission include rights for lesbian partners who do not give birth to children.

Prof Neave said the changes would give same-sex partners a fair go. “We are recommending changes to the Adoption Act so that people who are undertaking a parenting role are legally recognised and legally responsible,” she said.

“This means that non-birth mothers will be liable for child support if they leave the relationship and their children will have a right to a share in their estate if they die.”

The Government will also be asked to let children under 18 who have been conceived through IVF to find out about their donor parents.

These latest recommendations are made in a second report by the commission. The first was released in May and the third is expected in September.

So far it’s had 252 submissions from lobby groups and individuals.

The final report will be released early next year.

[Link: Original Article]