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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:

Same Same – "Cos The Kids Are Alright" by Cheetah77

October 11th, 2007 No comments



Gay parenting is a subject that always gets people talking. Whether you want that for yourself or not, or whether you agree with it, the fact is that it’s happening, and has been for years.

Arguments against gays raising children are many. We aren’t built to pro-create with each other therefore we shouldn’t breed. Gays raising kids are going to influence their children into being gay themselves. It’s selfish to have children because of our lifestyles and gay parents don’t provide the male/female role modelling kids need to grow up balanced. We are only setting our kids up to have difficult childhoods largely caused by school yard homophobia. And the list goes on.

On the other side of the fence many argue that a child raised by gay parents gets the same, if not more love and care because of the hardships the parents have to go through to have that child in the first place.

Is there really little difference as these supporters and many gay parents suggest, or are there issues and challenges faced that often don’t get spoken about? A lot gets said about what’s best for the children, but who’s ever bothered to sit down and ask them about their perspective?

Amber was raised by a lesbian couple in NSW’s Blue Mountains. She found that growing up with gay parents wasn’t that very different from the other kids she went to school with.

From the age of nine when her mother met her current partner, she always received lots of support and love growing up. Their family was surrounded by a huge network of gay families in the same situation. Fourteen years down the track she says that the positives of being raised in her family greatly outweigh any negatives she may have experienced.

“Of course I knew we were a bit different from other kids at school, but at the same time, I knew so many kids with gay parents that I never felt too different. How do you compare your life to someone else’s anyway?”

She admits that she was probably helped by the fact that both her mother and her mother’s partner were community workers so communication was always a big thing in their house. Raised in an environment like this certainly helped her stand up for what she believed in. Amber now works for one of the major political parties – a far cry from the Greens supporting household she grew up in.

Many argue that gay parenting sets children up for a life of homophobia, and that it’s simply not fair to the kids. However, in Amber’s case, the only time she really felt the difference was after marching in the Mardi Gras parade when she was twelve years old. At school a few days later, one of her classmates told her that he’d seen her on the TV and made a bit of an issue out of it. Apart from feeling a need to hide the situation of her family in her younger years before she knew how to handle those types of comments, she said this was really the only negativity she ever experienced.

“I actually used to enjoy sitting listening to people bag out gays and then I would pull out the ‘my mother is a lesbian and I’m very offended by what you just said’ card and found it was good for shock value,” laughs Amber.

Amber wishes she’d been given access to children’s books that focused on the rainbow family when she was growing up. She thinks they would be invaluable in helping gay parents raise children in today’s society. It’s something that recent Same Same 25 member and author Vicki Harding has been pushing with her Learn To Include project.

The push for gay friendly books is happening all over the world, and it’s stepping on toes. Recently in the US there was a huge uproar about children’s book And Tango Makes Three. The book told the true story of two male penguins who raised a penguin chick and was removed from school bookshelves, many saying that it advocated homosexuality. It also has the honour of being the most complained about book in 2006.

If anything, Amber’s experience shows that books of this type are in fact highly beneficial in helping kids understand the differences, not only for those with gay parents, but their friends as well.

The issue of gay parents not being able to provide both male and female role models is one that’s often talked about. While having strong female role models certainly wasn’t an issue in Amber’s case, she didn’t have any contact with her father and had limited other male roles in her life. According to her, this may be a contributing factor to her having some difficulty relating to and forming close relationships with men. Although that being said, she’s far from being gay – she has many gay male friends, but when it comes to liking boys or girls, she is definitely straight – so there’s another myth blown right out of the water.

Amber spoke at a Gay Dads forum a few months ago and afterwards found herself in conversation with a deeply religious Christian gay couple who were worried about bringing a child into what is seen by many to be a sinful life. Amber says after their chat, the couple seemed more comfortable and relaxed about the whole thing, which she was pleased about. She says that moments like that prove how invaluable it is for anyone thinking about going down this path to speak to others who have already done it themselves.

Gay Dads Australia and Rainbow Families both hold regular information sessions for existing and prospective parents to get together to meet and share stories and experiences.

Her advice to any gay couples thinking about parenting is that they should just relax a little. “A lot of them are so worried about messing up their kids but there are plenty of fucked up kids from straight families too.”

If anything stood out to me about Amber, it was how overwhelmingly normal she was. She lives in Surry Hills in a share house, has a mixture of queer and straight friends and like most grown up kids who have moved away from home, she looks forward to weekends at her mum’s house in the calming and relaxing mountains, where she can go to just chill out.

Want to know more? Then check out www.rainbowfamilies.org.au.

[Link: Original Article]

Categories: 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]

SX News – "Rainbow Bridges" by Reg Domingo

August 22nd, 2007 No comments


A new online group is helping connect GLBT parents and their kids, writes Reg Domingo.

Becoming a parent is a rewarding and fulfilling experience. But for many GLBT people, the road to parenthood can be a difficult one. Many face uncertainties when it comes to unearthing relevant advice; while for others, emotional support can be elusive.

Enter Rainbow Families NSW, a new online group designed to connect GLBT parents.
“The group was started in an effort to unite the two parenting groups that exist,” says group moderator Dom Gili. “There was no crossover between lesbian parent group, Rainbow Babies, and Gay Dads NSW. Individually, the role of either group is very important but from a lobbying and social point of view, I felt there was a gap that needed to be filled.”

ili, who is also the convenor of Gay Dads NSW and a proud father of two, says the group also helps link parents with health and community organisations. “I know organisations such as the Lobby are doing a lot of great work on our behalf but the gathering of support and stories from gay parents has always been a struggle,” he says. “I figured that by setting up this Yahoo online group and having plenty of gay parents, family, friends and supporters as members, then there is a direct line of access to relay info, to network and gather support for campaigns.”

rospective parents seeking advice will also benefit from the group. “I get so many requests from lesbians and gay men asking if I know where they might meet someone to co-parent with,” Gili says. “So for them this group will be a great forum to ask questions to those that have been through that experience and maybe even look for a co-parent to help them become parents.”

Furthermore, Rainbow Families NSW aims to reach GLBT parents in regional areas as well the children of gay parents. “It is important for our children to realise that they are not the only child in Sydney that has gay parents. I think it helps them greatly to recognise that they are not alone and have peers to share their experiences with and lean on for support as they get older.”

Gili adds that in the current media climate, which has recently put the spotlight on same-sex parenting, the arrival of Rainbow Families NSW is timely and crucial. “In the wake of all the positive media focus, including the release of the HREOC report and the Victorian Law Reform Report, the timing is perfect for all gay parents to get a little proactive in lobbying for equal rights. The online group will be a great forum for people to share what they are doing to make a difference.”

To join Rainbow Families NSW and Gay Dads NSW visit www.groups.yahoo.com/group/rainbowfamiliesnsw and www.groups.yahoo.com/group/gaydadsnsw .

Gay Dads NSW and Rainbow Families NSW will also be hosting an info night from 7pm on Monday, August 27 at Twenty10, 43 Bedford St, Newtown. Guest speakers include GLRL spokesperson Ghassan Khassisieh, Dr Kerry Robinson and Anthony Seamann. Places are limited. To book or for more info, email nsw@gaydadsaustralia.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it or contact Dom Gili on 0400 296 253.

[Link: Original Article]

Categories: Dom Gili, Gay, Lesbian Tags:

The Australian – "PM to Fight States on Gay Adoptions" by AAP

THE Federal Government has put itself on a new collision course with the States by proposing a ban on gay couples adopting overseas.

THE federal government has indicated it would legislate to stop same-sex Australian couples adopting a child from overseas, in a move that would over-ride state and territory laws.

The move comes days after the Prime Minister took on the States by announcing a community-based Federal Government takeover of the Mersey Hospital in Devonport.

It also comes hot on the heels of a political debate on federalism, with Prime Minister John Howard branding as archaic Opposition Leader Kevin Rudd’s plan to gives states more autonomy in using federal funds.

The move could herald a bitter and divided community debate, with views among some Australians likely to be polarised on what is a sensitive issue.

WA moved in 2002 to allow same-sex couples to adopt, the ACT passed similar legislation in 2004, and Tasmanian law allows gay couples to adopt where one of the partners is a parent of the child.

Mr Howard has previously said he does not support gay couples adopting children.

“I don’t support gay adoption, no,” Mr Howard said in response to the ACT’s law change.

“I’m against gay adoption, just as I’m against gay marriage. ”

The government says it will introduce a bill into parliament in the spring session, which begins next week, that will mean overseas adoptions by same-sex couples will not be recognised in Australia.

If it becomes law, the child would not be granted a visa to enter Australia.

The Family Law (Same Sex Adoption) Bill is listed on the Prime Minister and Cabinet department’s website as legislation “proposed for introduction in the 2007 spring sittings”.

It will “amend the Family Law Act 1975 to indicate that adoptions by same sex couples of children from overseas under either bilateral or multilateral arrangements will not be recognised in Australia”.

Overseas adoptions currently can occur between Australia and other countries that have ratified the Hague convention, or with which Australia has a bilateral agreement.

The move follows the landmark adoption of a boy by two gay men in Western Australia in June.

Under current laws, state and territory welfare authorities have responsibility for overseeing international adoptions, including negotiating agreements with other countries and assessing and approving prospective adoptive parents.

The adoption by two men of a stranger’s child is believed to be a first for Australia, and was hailed as “groundbreaking” by the WA government and gay rights groups.

“I think there are certain benchmark institutions and arrangements in our society that you don’t muck around with.

“Children ideally should be brought up by a mother and a father who are married. That’s the ideal.”
It is not known if the opposition will support the legislation.

Labor sided with the government in June to vote down a motion in the Senate that called for singles and same-sex couples to be given equal adoption rights and access to IVF.

The motion, put by Australian Greens senator Kerry Nettle, cited a report by the Victorian Law Reform Commission which found that having single, lesbian or gay parents did not pose a risk to children’s wellbeing.

[Link: Original Article]

Categories: Adoption, Gay, Lesbian Tags:

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 Sydney Morning Herald – "Family law playing catch-up with real life" by Adele Horin

THE law has not caught up with the reality of families like Eamon’s. The question of who is a parent in these families is a crucial issue to be resolved. The Family Law Act, for example, with its presumption of shared parental responsibility and its new emphasis on shared residence, does not apply to lesbian parents who split up. The non-biological mother has no automatic rights and does not have to pay child support.

The co-parent’s lack of legal status affects a child’s standing under a host of laws, including those governing the right to inherit if the non-biological mother dies without a will, entitlement to superannuation after her death, and her power to consent to blood transfusions.

In Western Australia, the ACT and the Northern Territory the co-parent’s name is on the birth certificate, and she has the legal status of a parent. The Victorian Law Reform Commission recommended this month that the state adopt a similar approach. A bill was drawn up in NSW last year to extend similar rights to co-parents but 18 months out from an election was considered too controversial. Such changes are usually only possible in the first year of a four-year term – that is in the next eight months.
Family law playing catch-up with real life

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June 16, 2007
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THE law has not caught up with the reality of families like Eamon’s. The question of who is a parent in these families is a crucial issue to be resolved. The Family Law Act, for example, with its presumption of shared parental responsibility and its new emphasis on shared residence, does not apply to lesbian parents who split up. The non-biological mother has no automatic rights and does not have to pay child support.

The co-parent’s lack of legal status affects a child’s standing under a host of laws, including those governing the right to inherit if the non-biological mother dies without a will, entitlement to superannuation after her death, and her power to consent to blood transfusions.

In Western Australia, the ACT and the Northern Territory the co-parent’s name is on the birth certificate, and she has the legal status of a parent. The Victorian Law Reform Commission recommended this month that the state adopt a similar approach. A bill was drawn up in NSW last year to extend similar rights to co-parents but 18 months out from an election was considered too controversial. Such changes are usually only possible in the first year of a four-year term – that is in the next eight months.

[Link: Original Article]

Categories: Gay, Lesbian Tags:

The Sydney Morning Heralds – "I'm not gay, but my four mums are" by Adele Horin


EAMON WATERFORD is the sort of young man any mother would be proud to call son. He is smart, articulate, well-balanced, socially aware, and just downright nice.

In his case, there are one, two, three, and, at a pinch, four women who are proud to call Eamon “son”. There is Mary Waterford, the mother who gave birth to him almost 21 years ago, and Jill Day, Mary’s partner at the time. After they split up when Eamon was about two, Jill moved in with Sarah Dillane; and then Mary and Judy Finch became partners when Eamon was about six. All the women have been constants in his life since he can remember.

Eamon calls them “my four mothers” – and, while some might consider one mother too much, he enthuses about them all.

“I guess they all fulfil different aspects of parenting that I needed,” says Eamon, who divided his time equally between the two households until he left high school.

At a time when pressure is mounting on state and federal governments to overturn laws that discriminate against gay couples and gay parents, Eamon is a reassuring figure. His experience may represent the future for other children raised by gay parents.

He is a second-year student in international studies at the University of NSW, and is aiming for a career in politics or the diplomatic service. He shares a house with two female friends and his “brother”, Charlie, 19, with whom he is particularly close. Charlie is one of Judy’s three children by a former marriage.

That he has turned out so well would be unsurprising to the thousands of lesbian couples now fuelling a gay baby boom across Australia.

But to traditionalists who believe children need a mother and father to thrive, it may come as a surprise to learn that Eamon, according to a growing body of international research, is typical of children raised by lesbian couples. On average these children are as well-adjusted and competent as children raised by heterosexual couples – if not more so.

But this is not research politicians are acquainted with, and only recently has it become robust enough to withstand critical scrutiny. Many conservatives say gay parents will have a corrosive effect on the institution of the family, and will inflict psychological damage on the children they raise. Father-absence is a big concern.

As these children grow into adults, more are able to reflect on their own upbringing, and speak for themselves. It is not surprising they, too, turn the microscope onto their own families.

“Recently I’ve started questioning myself about how it has affected me,” Eamon says. “I had an absolutely female-dominated childhood; there must have been 30 or 40 lesbians I knew. But as one friend said, gay and lesbian parents will do things to mess their kids up in exactly the same way hetero parents will do.”

The long battle for equal rights for gay couples and gay parents is entering a crucial stage. The Human Rights and Equal Opportunity Commission’s report, “Same-sex: Same Entitlements”, to be tabled in Federal Parliament next week, is expected to recommend overturning a host of discriminatory federal laws, including laws that effect family tax benefits, parenting payment, and child support. After a three-year inquiry, a Victorian Law Reform Commission report, “Assisted Reproductive Technology and Adoption”, this month recommended extensive legal changes to give gay parents equal rights, including the right to adopt. Some of its recommendations will be discussed at a meeting of state and federal attorneys-general next month.

In NSW, the Government will come under pressure from the Gay and Lesbian Rights Lobby to introduce legislation giving children being cared for by same-sex partners the same protection under the law as other children. A crucial proposed change is to accord legal parental status to the lesbian partner of the birth parent.

As things stand, Jill, being Eamon’s non-biological mother, has no legal rights to access or custody, or obligations to pay child support even though she has been in his life since his conception, was present at the birth, and has shared the care. Compared with heterosexual fathers, lesbian co-parents have been consistently described by researchers as more involved in their children’s daily life. In one study, lesbian birth mothers reported more than 90 per cent of the co-mothers were equally involved in parenting, while this was only 37 per cent for straight fathers.

“What is needed is for state law to grant equal parental status for both women automatically from birth,” says Jenni Millbank, professor of law at the University of Technology, Sydney, “and for those presumptions to be reflected in federal law, such as the Family Law Act.”

In Eamon’s case only Mary is his legal parent. “Logically Mary as the biological mother was in the position of power when we split up,” Jill says, “but she is a woman with a great sense of honour, and she would not allow herself to exercise her power.”

In 1985, Mary and Jill were trailblazers among Sydney lesbians. Eamon was conceived through artificial self-insemination with sperm donated by a close heterosexual friend of his mothers. He was one of the first babies in Australia raised from birth by lesbian parents.

“As the social stigma around homosexuality declines, more women are coming out as lesbians earlier in life, and they are less likely to have children in a heterosexual relationship,” said Deborah Dempsey, a sociologist at Swinburne University of Technology, Melbourne, who has done extensive research on gay families. “There is more confidence about bringing a child into a gay relationship than in the past.”

Mary, then 31, had such a strong maternal drive it swept all doubts away, including Jill’s when they embarked on the rather arduous project of conception. They had been a couple for only a year, but once Jill caught the maternal bug it struck with a vengeance. “When I look back on it now, I was very optimistic,” Mary says. “We would have a baby and this baby would be loved.”

As Eamon tells it over coffee, his childhood was idyllic, growing up in the Blue Mountains, with no sense of being different. The mountains became a haven for lesbians in the 1980s, some of whom had children from previous straight relationships, or soon followed Mary’s and Jill’s lead. He went to a progressive school, Korowal, where he liked basketball, athletics and cricket, and excelled in music, drama and debating. He cannot remember being bullied or teased. He was not alone as a child of lesbian parents.

“Particularly early on, the majority of my friends would have had lesbian parents; I was part of a community of children of gay parents,” Eamon says. “I guess it was when we spent a year in Alice Springs when I was about nine that I first realised it was unusual.”

As they were trailblazers in bringing Eamon into the world, so Mary and Jill became trailblazers in separation, providing something of a model of co-operation for those who have again followed in their wake. Just as more lesbian couples have come to emulate straights in having a family, so too are more of them getting “divorced”, Dr Dempsey says.

Eamon was too young to remember any tension over the break-up. Being shared 50/50 was an arrangement that was fantastic, he says, and at his insistence it continued through high school. Yet there was plenty of tension in the early years after Jill moved in with Sarah. “I was fearful of losing my position with him,” Jill says.

Mary says: “There’s a PhD to be written in sharing mothering … the competitiveness and jealousy around being the ‘good moth
er’. Then, when Sarah wanted to take on the role of being mother as well … that was terrible. I always came back to the idea it was to Eamon’s benefit to have a lot of people in his life.”

Jill says: “We both wanted to have this gorgeous little angel all the time but our most honourable selves would never allow that to happen.”

After Judy arrived on the scene with Charlie, 5, and two teenagers, the mothering relationship with Eamon was never as intense. However, he insists that she is one of his mothers. “Judy is the one I have a laugh with.”

The 2001 census recorded 20,000 self-identified same-sex couples, a figure regarded as a gross under-representation; 19 per cent of the lesbian couples and 5 per cent of the men had dependent children. Not counted were the single gays with children, non-resident gay parents and older children. A survey of almost 5500 gay people in 2005 showed 25 per cent of the women had children, and of those who did not, 51 per cent wanted them.

Most of the studies examine how the children are functioning. Are they normal by all the usual measures psychologists use, and teachers observe? One of the pre-eminent researchers is Charlotte Patterson, a psychology professor at the University of Virginia, who will address a conference on gay parenting to be held by the Rainbow Families Council in Melbourne on June 29. In a 1996 study, Patterson found no big differences among the children of 55 lesbians and 25 heterosexual women, all of whom had had children through donor insemination.

Last year the Canadian Department of Justice, before legal changes were introduced, reviewed all the main studies on children of gay families. It concluded “the vast majority of studies show that children living with two mothers, and children living with a mother and father, have the same levels and qualities of social competence”.

This was somewhat surprising, considering the potential for children of lesbian families to experience teasing, bullying and discrimination. But the research pointed to protective factors – the quality of the parents’ relationship, the high quality of parenting by lesbians, good economic resources, and outside support.

The children with poorer adjustment, the studies found, were more likely to be raised in single-parent families – but the parent’s sexual orientation was irrelevant. While many children raised by single gay or single heterosexual parents do well, they were at a similar elevated risk of difficulties compared with those raised in two-parent families. The gender of parents was much less significant, research showed, than having two of them.

Yet it is only natural, Eamon, thinks, that his unusual family should have left some distinctive imprint. There is the unresolved relationship with his father, for example, and the general lack of male role models in his early life.

Mary and Jill wanted Eamon to know his father, typical of lesbian parents, who are mostly acquainted with the need for children to know their biological roots. Dr Dempsey says: “The two-parent model with the involved donor is one of the most popular parenting models, but there is a continuum from no father involvement to his role as a third parent.”

Jill and Mary wanted a father who was willing to be acknowledged, who would have some involvement, but not a day-to-day parenting role. Eamon, who looks like his father, and lived quite close, saw him occasionally. They had a friendly enough relationship. Yet an awkwardness remains, and emotional closeness eludes them. His father married – “Do I call his wife stepmother? There aren’t enough words to describe these relationships.” This “fifth” mother, Eamon says, “recognises a want in me and him, and our difficulty in doing anything about it.” She has set up holidays together, and the relationship has improved.

Looking back, he understands he craved male role models, and the world of manly things. Between the mothers, he had several uncles, but most of them lived at distances. He became very close to Nick, one of Sarah’s three brothers, but he died when Eamon was 12. “I was hugely affected,” he says.

The subtext in some people’s concerns over gay parents is that they will raise gay children. To gay parents, the very question of their children’s sexuality reveals a homophobic premise – that it matters. But Judith Stacey, professor of sociology at New York University, believes there probably are differences when it comes to sexuality, and they should be celebrated.

“Even a genetic theory would lead you to that conclusion,” she told The New York Times.

However, the research on the young adults’ sexuality is sparse and inconclusive. The children of gay parents understandably are less affronted by homosexuality than most of their peers. They are more likely to consider a gay relationship, and even to experiment but, according to the limited research, appear no more likely to identify as gay. As researchers point out, nearly all gay people were raised by heterosexual parents.

It seems intrusive to ask Eamon about his sexuality, but he has given it some thought. “A lot of people, because of the way they’ve been brought up, never question their sexuality,” he says. “I’ve always known I was attracted to women. For a while I wondered: how did I know I wasn’t attracted to men? I know I’m not gay. But I have a lot of male gay friends, and a lot of female friends. But with heterosexual men I find it harder to have a close emotional bond.”

Eamon is full of praise for his four mothers. He does not want to be defined by their sexual orientation. But they have helped make him the man he is. They have shaped his humanitarian values, his tolerance of difference, his political conscience, and his intellectual curiosity. Aware of how hard home life has been for some of his friends from straight families, he considers himself “amazingly lucky to have these incredibly loving parents”.

[Link: Original Article]

Categories: Gay, Judy Finch, Lesbian, Mary Waterford 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]

Northcote Leader – "Gay parents' parity plea"

LESBIANS across Darebin have made a desperate plea for the legal recognition of non-biological parents .

Their personal stories are included in a Victorian Law Reform Commission submission made to Attorney-General Rob Hulls last month.

Mr Hulls has until June 20 to table the report on Assisted Reproductive Technology and Adoption.

In its draft submissions, the commission recommends that the law be changed to recognise the birth mother’s female partner as a parent of the child. It also recommends same-sex couples have equal access to the technology and be legally entitled to engage surrogate mothers.

Women’s Health in the North deputy chair Susan Rennie said the organisation broadly supported the interim recommendations.

“Law reform will be beneficial to children born in these (same-sex) relationships because it will mean, at least from a legal point of view, that their families will cease to be considered differently to other families in the community,” she said.

Ms Rennie, a lesbian in a relationship with two children, said women did not seek medical help for fear of breaking the laws.

“If a woman thinks she is breaking the law by self-inseminating she might not consult her doctor and may be less inclined to ask a donor to undertake appropriate medical tests,” she said.

Preston couple Felicity and Sarah Marlowe were so concerned by the implication of the law that they started a lobby group, Love Makes a Family, in 2004.

“We started a campaign to mobilise the community around law reform; seeking legal and social recognition of rainbow families,” Felicity said.

They now have 170 members on their email list and have made a formal submission to the commission also broadly supporting the recommendations.

Other locals who made submissions include Northcote couple Vivien Ray and Robin Gregory; parents of a teenage daughter conceived by donor insemination.

“It would make a great difference to us if the non-biological parent could do a second parent adoption,” they said. “It would be such a relief after all these years to be legally recognised.”

Preston’s Sabdha Charlton says her partner Cristina Pink is six months pregnant with their first child. They feel strongly that the law should not differentiate between hetero and homosexual couples.

* Should same-sex couples be given the same legal rights as hetero couples? Write to the editor at www.northcoteleader.com.au

The Age – "Making babies for all" by Carol Nadar


TO MAKE their first baby, Anna Russell and Sacha Petersen drove 3½ hours to cross the NSW border to Albury. Petersen lay on a table, and a nurse inseminated her with a donor’s sperm. Ten minutes later, what the couple call the “spermination” was complete. Blue-eyed baby Mabel was born 17 months ago.

Now Russell and Petersen are trying for a second child. The first donor is unavailable and the Albury clinic — traditionally the place where Victorian lesbians and single women go for fertility treatment — has all but run out of sperm donors. So the couple have shifted their hopes to Tasmania. Each month they fly to Launceston and leave Mabel with family there. Then they drive to Hobart, where Petersen receives treatment. They drive back to Launceston, pick up Mabel, and fly back to Melbourne. The couple have gone through this ritual five times, costing them about $5000 in airfares and treatment. But Petersen hasn’t fallen pregnant.

If their sixth attempt in May fails, Petersen can be declared “medically infertile” — that means that under Victoria’s labyrinthine laws governing reproductive treatment, she can receive IVF treatment in her own state for the first time.

“There’s no logic behind it that we can see,” Russell says. “The Federal Government is handing out money for straight people to have babies left, right and centre. The famous quote (by Treasurer Peter Costello) ‘one for you, one for your partner, and one for Australia’. You have a whole community wanting to do that.”

There is another anomaly. Victorian reproductive laws are the most restrictive in the country mainly because it was the most progressive state for infertility treatment in the early years. Victoria was one of the first places in the world to offer IVF, in which embryos are created using a woman’s eggs and a man’s sperm then implanted into the woman. It was the first Australian state to legislate in 1984 when IVF was so new and so controversial that it was strictly controlled. The sole purpose of IVF then was to help infertile married couples have biological children.

The medical technology has always bumped up against community unease. Even de facto heterosexual couples were banned from using it until a decade ago and, although attitudes towards lesbians and single women having children have changed dramatically in a generation, such people remain excluded unless they are clinically infertile.

Soon, that might change. The Victorian Law Reform Commission has spent more than four years reviewing the state’s fertility legislation. Yesterday, it handed its final report to Attorney-General Rob Hulls, and its recommendations will be made public in coming weeks. In a draft report released in 2005, the commission indicated it would recommend that lesbian couples and single women be given the same access to fertility treatment as women in heterosexual relationships. That would have been unthinkable 20 years ago, when the notion of “social infertility” was unheard of.

Despite the rapidly changing definition of “family”, the debate about whether Victoria should, like most other states, make it easier for single women and lesbians to have children is likely to be emotional and intense. In a sign of the discomfort the issue arouses, the Bracks Government has so far avoided making its position clear.

What is clear is that the impact of the restrictions has been profound for Victorian women desperate for a child who have been forced to travel around the country for treatment. The phenomenon even has a name — “reproductive tourism”. Last year, the Albury clinic treated 44 women, of whom 30 were from Victoria. Thirteen were lesbians, 19 were single and eight were married. Victorian women also travel regularly to Canberra, Sydney, Hobart and Brisbane.

Those wanting change see the law as a mishmash of contradictions. For instance, for lesbians and single women, infertility can be a cause for celebration — they can have IVF treatment in Victoria. But fertile single women or lesbians, who do not have a male partner or who are unwilling to sleep with a man solely for the purpose of becoming pregnant, do not have access to reproductive help.

The anomaly is due to a court case six years ago. A single woman who could not conceive for medical reasons, Leesa Meldrum, and her doctor, Melbourne IVF director Dr John McBain, tested a ban on single women using IVF in the Federal Court. The court upheld their argument that state legislation contravened the federal Sex Discrimination Act. Since then, women can no longer be excluded based on marital status. But they still need to meet the requirement of infertility.

So women who are fertile have to be creative. They either ask a friend to provide the sperm and inseminate themselves at home, a practice some worry is unsafe. Or they travel interstate.

In the aftermath of the McBain case, Hulls asked the Law Reform Commission in 2002 to review the legislation. Its interim recommendations urged the Government to remove the infertility requirement and allow access for women who are “unlikely” to become pregnant without treatment. That would cover all women without a male partner.

The commission argued the law was unfair because it was applied unevenly — a single woman with a genetic abnormality that could be passed onto her child is eligible for treatment. A single woman of 45 may be eligible for treatment because her age has made her clinically infertile. But a single woman aged 35 who does not have clinical infertility cannot be treated. These distinctions, the report noted, “make no sense”. Nor did it believe that the marital status of a child’s parents was linked to the child’s health and welfare.

One heterosexual woman who spoke to The Age first explored the idea of having a baby when she was 40 but was ineligible because she was single. She is now 43 and pregnant, but only because tests proved she was medically infertile. Instead of celebrating her pregnancy, she lives in fear that she is going to have another miscarriage — her first pregnancy ended in miscarriage late last year. “I’ve been waiting for this all my life and then it’s not the journey it should have been,” she says. “I want to celebrate it, but you’re scared all the time. Your chances of doing it earlier are easier. You shouldn’t have to wait until you’re infertile and you have 50 million obstacles in front of you.”

There are other quirks caused by galloping technology. If a woman can find her own sperm donor, the Melbourne IVF clinic will screen and store the sperm for six months to make sure it is safe. She can then take it home and inseminate herself. The clinic can do all the tests but not the insemination. The aim is to reduce a woman’s vulnerability to HIV.

Alice Murray and her partner are trying to have a baby using this program. “Both my partner and I work full time and going to Sydney when you’re ovulating, which might be mid-week, is impractical from a work perspective,” she says. “If you’re working in a professional environment you can’t just drop everything and leave.”

The law may change to allow women to be inseminated in a clinic. But even if they could, some women might still choose to do it at home.

Dr Ruth McNair, a Melbourne University senior lecturer in general practice and a GP who specialises in gay and lesbian health, believes self-insemination is relatively safe. She says some women prefer the autonomy of doing it themselves. And some like the idea of giving gay men the opportunity of being parents, too. But if it isn’t clear where they all stand — or if feelings change after the birth — it can
lead to problems later.

“The most fraught part of it is the medical risk of transmitting infection, and secondly the legal risk if they haven’t managed to make an adequate written negotiated contract,” McNair says.

Dr Deb Dempsey, a lecturer in sociology at Swinburne University, says the law needs to catch up with the complexity of people’s relationships. “Children deserve to be well supported and have legal recognition for the people that are actually parenting them,” she says.

Opponents of lesbians and single women having access to IVF argue that children are better off being part of a traditional family. In the storm following the McBain case, Prime Minister John Howard said: “Children are entitled to the opportunity of both a mother and a father.” His views were echoed by State Opposition Leader Ted Baillieu, who said in the lead-up to the November state election: “My view is that IVF ought to be for heterosexual couples.”

When the Law Reform Commission released its interim report, Health Minister Tony Abbott blasted its “apparent dismissal of the traditional notion that children should ideally have male and female parents”.

Australian Family Association spokeswoman Angela Conway says the priority should be the rights of the child. “Children do best in the context of family life, where their natural mother and father are involved in their day-to-day life and upbringing as their recognised parents, and preferably where that natural mother and father are married,” she says.

But the Law Reform Commission has reviewed the literature and does not believe this is the case. It says there is sound evidence that children born into families with non-biological parents or same-sex parents do at least as well as other children.

According to social researchers, there is scant evidence that children who are not raised by a father and mother in a traditional way are worse off than children who are.

Sarah Wise, the principal research fellow in children and parenting at the Australian Institute of Family Studies, says the research, predominantly from the United States, does not suggest that children’s wellbeing is at risk. Whether they’re raised by one parent or two, a heterosexual couple or a gay one, is less important than the quality of care,” she says.

“What matters most to children is the environment in which they grow up, the quality of the interactions they have with their care-givers and the security that they feel within those relationships.”

What may be harmful to children is the lack of legal recognition given to the non-birth mother in a lesbian relationship. The non-biological, or “social” mother, does not have the right to be on the child’s birth certificate and is not recognised as the legal parent in Victoria.

However, in another anomaly, if a heterosexual couple uses donor sperm to have a child, the woman’s male partner is on the birth certificate.

The Law Reform Commission has suggested the non-birth mother deserves legal recognition and should appear on the birth certificate alongside the birth mother. Acting chairman Dr Iain Ross says if the birth mother dies , there is legal ambiguity about the rights and obligations of the surviving partner and it would be possible that the child could become a ward of the state. Then there are issues to do with inheritance and being able to consent to medical treatment and sign school forms.

“At worst, you’ve got a position where someone who was for all intents and purposes the parent of the children does not have any legal rights,” Ross says. “They’re not recognised as the parent and would have to seek some sort of legal intervention.”

Robyn Hamilton and Helen Grutzner want this legal recognition. They have a four-year-old daughter, Harper, who was conceived in a Sydney clinic. They believe the non-birth mother, Hamilton, should automatically be considered a legal parent from birth. Their only recourse was to go to the Family Court to get a parenting order that gives her limited recognition of responsibility but doesn’t give her legal status as a parent.

Anyone can apply for such an order — a grandparent, relative, even a friend. The order enables non-biological mothers to make some day-to-day decisions. But if anything were to happen to Grutzner, Hamilton would not necessarily get custody of Harper. That would depend on the good will of the court.

“It has an undermining impact on us as a family, in that we don’t have that legal recognition and protection that other families do,” says Grutzner.

Felicity and Sarah Marlowe are in a similar position, although they have not yet applied for a parenting order. Sarah Marlowe is medically infertile and can legally have IVF in Victoria. Her partner can’t. Marlowe had twins Callum and Rafi, who are nine months old. As the birth mother, only her name is on the birth certificates. Even though the couple went through the process of having children together, Felicity Marlowe has no legal rights. She could walk away from the relationship and not be obligated to pay child support. If Sarah Marlowe ended the relationship, her partner may never see the twins again.

Meanwhile, for the women who are still trying to have a baby, the frustration and sense of grievance lingers. “We have a good house in the suburbs,” says Alice Murray.

“We can afford to send our kids to good schools, we earn good money, we’re in the best position to be parents, we want it more than a lot of people and there are roadblocks in the way.”

Anna Russell and Sacha Petersen are creating story books for their children to explain how they were conceived. They’ve made one for Mabel, detailing how the couple met, fell in love and knew they wanted to have babies together.

But, the story goes, to have babies, you need an egg and sperm — but “mum” and “muma” are both girls who only have eggs. So they got into their little blue car and drove to a place called Albury, where a kind man supplied the sperm.

Mabel will know her story from the start. But more importantly, says Russell: “Our children will know that they’re the most wanted children, because we had to go all over Australia to create them.”

Carol Nader is The Age health editor.

[Link: Original Article]

Australian Journal of Early Childhood – "Voices from an enclave: lesbian mothers' experiences of child care" by Tania Ferfolja & Jen Skattebol

Eight lesbian mothers’ experiences and perceptions of their young children’s early childhood education are examined in this paper. The visibility of their lesbian identities and the narrow definition of family in early childhood settings were seen as significant issues in their experiences as child care users. The paper traces the issues to the normative ideas of, and superficial engagement with, families in early childhood curriculum, pedagogy, practices and procedures. Even in a relatively accepting community within a lesbian enclave in inner city Sydney, the mothers were required to undertake complex negotiations about the way the child care setting catered to their family constellation in everyday practices. The paper argues that early childhood educators could better support this group through more active engagement in representing a broad range of differences, including those relating to sexuality. (Journal abstract, edited)

[Source: Australian Journal of Early Childhood v.32 no.1 Mar 2007: 10-18]

Categories: Lesbian Tags:

Family Court of Australia – R & J and Anor [2006] FamCA 1398

December 12th, 2006 No comments


FAMILY LAW – CHILDREN – Application by father as donor for contact to child born of artificial insemination – Child living with mother and co- parent in same-sex union – Bitterly contested applications resolved with defining of “family” and role of the donor in these circumstances – Observations made concerning status of known sperm donor and impact upon children of enduring conflict between parents – Order for costs in favour of the Independent Children’s Lawyer refused.

[Link: Court Decision]

Sociology – "Stigma or respect: lesbian-parented families negotiating school settings" by Lindsay, Jo; Perlesz, Amaryll; Brown, Rhonda; McNair, Ruth;

December 1st, 2006 No comments

Qualitative family interviews were conducted with lesbian parented families in Melbourne to explore the dialectic between schools and families. While in many schools family members were stigmatised and burdened by secrecy and fear about their family configuration, there was a significant minority who felt respected and supported in their school environments, finding acceptance socially and within the curriculum. The contextual factors, including location and family formation, are discussed, and opportunities for change are identified.

[Source: Sociology v.40 no.6 Dec 2006: 1059-1077]

Categories: Lesbian, Ruth McNair Tags:

The Age – "Our state's moral sidestep" by Carol Nadar

November 11th, 2006 No comments

IN THE old city watchhouse, a group of people converged one night last month to talk about abortion. Invitations went out to every member of State Parliament. Some did not respond. Some sent excuses. Only one turned up.

The forum was organised by Reproductive Choice Australia, a group lobbying the political parties to decriminalise abortion. The trouble is that right now in Victoria, two weeks away from an election, politicians don’t much want to talk about tricky, sensitive issues such as abortion.

Apart from two Greens candidates, the one sitting member of Parliament who did attend was retiring Labor MP Carolyn Hirsh — who only months ago was considering moving a private member’s bill to remove abortion from the Crimes Act. Her attempts were soon shut down by Premier Steve Bracks’ spin doctors.

Abortion is just one of the moral issues that politicians have been avoiding, and that Bracks has deferred making decisions on, in the lead-up to the election.

Bracks and Opposition Leader Ted Baillieu have told voters what they intend to do about stamp duty, hospitals, schools and transport. But when Victorians cast their vote on November 25, they will be uncertain about whether a Bracks or Baillieu government would decriminalise abortion, make IVF available to single women and lesbians or remove the barriers that make surrogacy virtually impossible in this state. The Greens are the only party willing to show their hand on abortion, declaring it should be decriminalised.

While Victoria has been leading the push in some ethically fraught areas such as stem cell research, it remains one of the most conservative states when it comes to regulation of women’s reproductivity. Despite being widely available, abortion remains technically part of the Crimes Act — even though the state Labor Party has decriminalisation as part of its policy platform. And when it comes to issues such as IVF and, recently and publicly, surrogacy, Victoria is far behind NSW.

Lesbians for years have been crossing the border to Albury to fulfil their dream of having a baby. And this week, Labor senator Stephen Conroy revealed that he and his wife, who could not conceive naturally, had left their home state of Victoria to organise for a friend to be their surrogate. The baby was conceived using Conroy’s sperm and another woman’s eggs and the resulting embryo was implanted into the surrogate.

Surrogacy can help women who have a damaged uterus or can’t manage a pregnancy for health reasons. But in Victoria, the law makes it so difficult as to be nearly impossible for couples to enter surrogacy arrangements. Victorian law requires the surrogate herself to be infertile. NSW has no such restrictions.

Many gay Australian men now head to the US, where surrogacy is big business, spending sometimes tens of thousands of dollars to produce a baby.

State Opposition Leader Ted Baillieu this week called for a uniform national approach to surrogacy laws, and said the “state hopping” needed to end. Bracks — along with Health Minister Bronwyn Pike and Opposition health spokeswoman Helen Shardey — will only say he is waiting for a final report by the Victorian Law Reform Commission, which is investigating the issue. The commission has already released draft recommendations describing the law as “irrational” and urging the Government to clarify it. It is not due to table its final report in Parliament until early next year.

The commission has also released a draft report on access to IVF, recommending that single women and lesbians should be granted access to fertility treatment, regardless of whether or not they are medically infertile. Victorian laws now restrict most fertile women from this treatment. While Pike says, rather vaguely, that she is in favour of “equal opportunity legislation”, the Government has repeatedly refused to comment on IVF access, again using the final report’s completion as an excuse.

Baillieu says he believes IVF should be solely between a man and a woman, although he hasn’t said whether those views would hinder a debate on the issue if he were premier.

Victoria was one of the first places in the world to introduce IVF technology and was quick to legislate. As a result though, regulation in Victoria is more restrictive than in other jurisdictions such as NSW and the ACT.

Monash University senior lecture in politics Nick Economou does not believe moral issues are a vote swinger. They’re issues that tend to be of concern to a small but noisy minority.

“State politics revolves around financial management, major programs, infrastructure. This stuff about morality politics is the preoccupation of the people actually getting into Parliament.

“This is not a matter that so much has the potential to cause big problems in the electorate,” he says. “It’s something that has the potential to cause big problems in the major parties.”

When Pike, who is pro-choice, controversially decided to impose 48-hour cooling-off periods for women seeking late-term abortions last year, the backlash from pro-choice politicians within her own party was swift and fierce. Women in her own party openly criticised her. She was quickly forced to retreat. No one within Labor would want to make a similar mistake now.

“There is great potential for these sorts of morality issues to divide parliamentary parties,” Economou says. “You don’t have to have a large number of people prepared to depart from their colleagues to cause a problem. This is the reason why we’re seeing an increase in conscience voting in the Federal Parliament, because (Prime Minister John) Howard has exactly the same problem. His party has a division between hardline social conservatives and small “l” liberals.”

But whether politicians like it or not, these ethically fraught issues won’t go away. The fact that there have been two conscience votes in Federal Parliament this year — on the abortion drug RU486 and stem cells — demonstrates that.

Many quietly suspect that Bracks will allow a conscience vote on decriminalising abortion after November 25, although he hasn’t said this.

Medical ethicist Leslie Cannold, a member of Reproductive Choice Australia, believes that by not telling people what his intentions are, Bracks is going for the lowest risk option. As she puts it, he is essentially saying, “Don’t worry your pretty little head about it.”

Economou says if Bracks and Baillieu make it clear where they stand on issues, it would strengthen their position if they end up governing. “Sometimes the government hand is made stronger in policy debates if they raise issues in an election campaign and then they can claim a mandate for them,” he says.

When ACT politician Wayne Berry flagged his intention during an election campaign to put up a private member’s bill in the territory to decriminalise abortion in 2001, he found it actually helped him get re-elected. Despite being targeted by the right-to-life lobby, he says he earned the respect of his constituents by telling them what his plans were. “Overwhelmingly, my experience has been that people in the community oppose criminal sanctions for abortion,” he says. His bill passed in 2002.

The ACT remains the only region where abortion has been fully decriminalised, although each state has provisions for the procedure to be performed if the mother’s mental or physical health is at risk.

Carolyn Hirsh is still hopeful that what she started might be accomplished. “I’m hoping that both parties after the election will act on these very important issues.”

In Victoria, the Government has managed, if anything, to unite the warring parties in the abortion debate in their frustration at its non-stance. “If they were proud of what their intentions were, they would tell us,” says Denise Cameron, president of Pro-Life Victoria, a member of the Coalition Against the Decriminalisation of Abortion. “Wh
y the reticence? Why the coyness?”

The pro-life lobby have been taking their anti-decriminalisation message to the steps of Parliament, dropping leaflets in letterboxes in several electorates — including those of Bracks and Attorney-General Rob Hulls — and taking out huge advertisements in newspapers.

Leslie Cannold says she just wants the parties to be frank about what they are offering.

“The question is not how do you personally feel in your heart of hearts. The question is if you have power, what would you do on this issue?” she says. “That’s what I think voters are entitled to know, on the abortion issue and on every issue.”
ABORTION: THE LAWS

VICTORIA Can be done under Menhennitt ruling if risk to woman’s physical or mental health.

ACT In the Health Act, cooling off period 72 hours after counselling.

NSW Lawful if there is danger to a woman’s physical or mental health.

QLD Lawful if for the preservation of the woman’s life.

SA Must be approved by two doctors, unless it is necessary for woman’s health or to save her life.

WA Doctor can be guilty of an offence unless abortion is performed in good faith and with reasonable care and justified so that woman has freely given informed consent or has social, personal or medical reasons.

NT Up to 14 weeks permitted on grounds of maternal health or foetal disability.

TASMANIA Two doctors must certify that the pregnancy would risk the woman’s health.

SOURCE: ABORTION AND THE LAW IN AUSTRALIA,

AUSTRALIAN FAMILY PHYSICIAN, NOVEMBER 2006

Carol Nader is The Age’s health reporter.

[Link: Original Article]

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

Law Institute Journal – Minority Groups Ignored by New Family Laws" by Harriet Morley

October 1st, 2006 No comments

Children of same sex couples and cross border relationships have been forgotten in the new family law changes. This article points out that there is a significant number of children growing up with same sex parents, and argues that their interests should be recognised. It also examines the way the Family Law Amendment (Shared Parental Responsibility) Act treats separating families when the parents come from different countries.

[Source: Law Institute Journal v.80 no.10 Oct 2006: 20-21]

Categories: Family Court, Gay, Lesbian Tags:

Australian Family Lawyer – "Parental status for lesbian mothers having children through assisted conception" by Jenni Millbank

What are the available options for legal recognition of co mothers – the partners of lesbian birth mothers – in Australia? This article discusses: the availability of consent orders from the Family Court; adoption by the co parent in Western Australia, the Australian Capital Territory and Tasmania; status of children presumptions in WA, the Northern Territory and the ACT; and birth certificates and portability in state and federal law.

[Source: Australian Family Lawyer v.19 no.1 Winter 2006: 6-11]

Categories: Jenni Millbank, Lesbian Tags:

NSW Parliamentary Library Research Service – "Legal Recognition of Same Sex Relationships" by Karian Anthony & Talian Drabsch


The legal recognition of same sex relationships in New South Wales continues to elicit much debate. This paper explores the various relationship recognition models; the development of same sex relationship recognition in NSW; parenting issues; the definition of marriage and the development of the law on marriage in Australia; issues relating to children; relevant provisions of international treaties; recognition of same sex relationships in other states and territories; approaches to the law on adoption and assisted reproductive technology; the legal treatment of same sex marriage in Canada, Europe, New Zealand, the United Kingdom and the United States of America; human rights and equal opportunity issues in Australia; the arguments for and against same sex marriage; the arguments for and against same sex parenting; and access to assisted reproductive technologies.

[Link: Full Report]

Categories: Gay, Lesbian Tags:

The Daily Telegraph – "Gay-friendly centre angers parents"

THE Mayor of a Sydney suburb whose council-funded childcare centre teaches a gay and lesbian “friendly” curriculum has been rebuked by a Federal Minister and earnt the ire of family groups.
Marrickville Mayor Sam Byrne has backed the controversial curriculum taught at the council-run Tillman Park Childcare Centre in Tempe.

The mayor defended the use of gay-friendly story books to “challenge the perception” of children aged from six weeks to six years about gay, lesbian and “transgender” parenting.

He backed the Learn to Include books as “broadening the minds of our future generation”.

But The Daily Telegraph can today reveal that some parents enrolling children at Tillman Park were not told of the books.

Mother-of-four Bobbie Davies, whose daughter is due to start at the centre, said she did not see why three-year-old Abby needed to be exposed to adult concepts.

Ms Davies, 26, said the children were “too young” to grasp gay and lesbian issues or sexual identity.

“The under-fives, don’t need to know about sex,” she said.

Ms Davies said she would consider asking the centre why they thought it appropriate to introduce such concepts.

Somchai Saelao, whose son Joey went to the Tillman Park centre last year, said it was more appropriate to teach young children social skills.

Federal Family and Community Services Minister Mal Brough called the curriculum “ridiculous”.

As family groups demanded he cut taxpayer subsidies to the centre, Mr Brough said it was time to “let kids be kids”.

“Read them fairytales and not make their life more complicated. At that age children should be fingerpainting and having fun, not learning about social behaviour which many parents regard as beyond their years,” he said.

The Australian Family Association’s NSW branch said the childcare centre was usurping the rights of parents to teach their children about sex and family structures.

“This message goes right over the heads of most kids,’ spokesman Damian Tudehope said.

Family Council of Victoria spokesman Bill Muehlenberg said the centre was trying to push an ideological agenda.

“They are using children as guinea pigs in adult culture wars,” he said.

Gay and Lesbian Rights Lobby spokesman David Scammel said Marrickville had one of the highest proportion of gay and lesbian households in the country.

‘It is important to point out that this is not about sex education, it’s about teaching children really basic life skills about acceptance and understanding and valuing diversity,’ he said.

Greens MP Lee Rhiannon supported Mr Byrne and was confident other councils would implement the program.

“These programs help create healthy attitudes among pre-schoolers,” she said.

Repeated attempts by The Daily Telegraph to contact Mr Byrne yesterday were unsuccessful.

[Link: Original Article]

Categories: Gay, Lesbian Tags:

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