Gay Dads Australia

Thanks to Felicity from Rainbow Families for the heads up on this report.  I am posting some details below and a copy of the report is attached.  I have had a quick read of it and it seems like a powerful resource.  It would be good to have something similar done in Australia.  If there are any researchers out there who would like a project to tackle.  I am sure Rainbow Families would be willing to help.

Title: Different Families – The experiences of children with lesbian and gay parents

Press Release: Stonewall today publishes groundbreaking research examining the experiences of children with gay parents. ‘Different Families’ is based on interviews conducted by the University of Cambridge with over 80 children and young people from the age of four, all of whom have lesbian and gay parents. The research also provides shocking insights into the prevalence of homophobia in Britain’s schools, including primary schools. The children who experience this, although not gay themselves, identify that many schools still don’t address it.

‘We still do things together, and we’re still a big family and we’re still happy … and we still care for each other and we’re still there when someone needs someone.’ Jasmin, 8

‘I just feel there’s some difference between the other families and us. The way we all work together … We all link up like a puzzle.’ Eleanor, 8

Ben Summerskill, Stonewall Chief Executive said; ‘For the children of lesbian and gay parents their families look remarkably like everyone else’s. This research highlights how it’s the prejudices of others which often causes them far more distress than their own personal or family characteristics – and is further evidence of the urgent need to tackle homophobia in our schools.’

Among the report’s recommendations, some of which were made by the children interviewed, are for schools to respond robustly to homophobic language and bullying. YouGov polling commissioned last year by Stonewall showed that anti-gay bullying is almost endemic in Britain’s schools. Nine in ten secondary schools teachers reported that children – regardless of their sexual orientation – currently experience homophobic bullying in their schools. This affects children of gay parents too:

‘Sometimes they say … everybody’s got a dad, he must be dead, or something. I say no, he’s not dead, I’ve got a donor dad … sometimes I get teased by them calling my dad a donut dad … They say … I know what gay means, it’s two naked men dancing around on a boat.’ Mark, 8

‘In school I don’t like it how people make fun of gay people. Like when they say “that’s so gay”. Most people say it as a joke, and it’s not funny at all.’ Maheen, 13

‘She said, ‘well your mum’s gay, so why aren’t you?’ … and then it turned to really nasty comments about my mum. Oh your mum’s an effing dyke and all this stuff and I just thought that’s not on …  I just ignored it, but it just got worse.’ Meg, 16

‘Normally people just say like … “gay dad” … and stuff like that. Normally I try and say something back because it like makes me feel better. Or I just try and ignore it. That’s harder obviously … The teachers tell them off but … secretly they always carry on.’ William, 15

[Source: Original Press Release]

Rodney Chiang-Cruise is a lawyer, husband and father. He is also a gay man. Rodney is a member of Gay Dads Australia, a group dedicated to gay men who want to become fathers. Jonathan Duffy recently had a chat with Rodney on the heels of the group’s annual forum. Rodney talks about the group, being a father and what it is actually like to go through the process of surrogacy.

Q: how did Gay Dads Australia start?

Rodney: About 5 years ago a gentleman called Lee Matthews and his partner Tony Wood did a documentary for SBS called Two men and a baby, about their surrogacy journey. Lee was involved with the Victorian Gay and Lesbian Rights Lobby. Through that he started what was initially Gay Dads Victoria. When we decided that we wanted to have a child through surrogacy we tracked Lee and Tony down (some would call it stalking but we weren’t the only ones). We had seen the documentary and wanted to know more. Back then there was little information around. We all became good friends and about four years ago we decided to expand to become Gay Dads Australia.

Q: When you and your partner decided to go down the road of surrogacy, did you know that it was an option for you?

Rodney: no. It was actually my mother who brought it to our attention. She had taped the documentary and told us we should watch it. We hadn’t even thought about it. We had looked at co-parenting and other options but had never considered it.  Our journey started from that point.

Q: Is it true that sometimes it can be expensive?

Rodney: Not as expensive as it used to be. When we went through surrogacy most of the dads were in their 30’s and 40’s because it demanded that you were at a certain place in your life. Usually it meant things like mortgaging your house, which is what we did. When we actually applied for the loan and told the bank manager what it was for, he was worried he wouldn’t get it through head office so he said “lets just put it through as home additions, non structural.”

Q: is it actually easier to go though surrogacy than adoption?

Rodney: Adoption isn’t an option in Australia. On record only one gay couple have ever adopted. They were in WA. There are only about 30 children in the entire country up for adoption each year. Those kids almost exclusively go to heterosexual, married, couples. There aren’t enough kids. Australia has one of the lowest adoption rates in the world because of this.

Q: So what is normally involved?

Rodney: There are two types of surrogacy, altruistic and commercial. Altruistic surrogacy is where there is no exchange of money. It is legal in Victoria, ACT, WA and now Queensland. No gay male couples have done it yet because it’s difficult to find a surrogate, and egg donor. We don’t really have a culture of surrogacy yet; it’s still very new. Most people, straight or gay, will use commercial surrogacy services and they’re mostly located in the US and now in India. The first thing you do is find an agency that will help you. You fly there, meet them, sign papers, pay some money, and then the process starts of finding a surrogate. That can take anywhere from two months to twelve months. At the same time you also have to find an egg donor. All commercial surrogates are called gestational surrogates, which means that the baby is not genetically related to her. You get an egg donor through another agency. Then you “dump the junk.” You make a sperm deposit. Then the egg is fertilised and the embryos are implanted through IVF. Then you come home and cross your fingers and hope you get pregnant. Probably about 60 to 70 per cent of people are successful on the first attempt.

Q: So how much have you spent just getting to this stage?

Rodney: once you get to the pregnancy you’ve probably spent US$60,000 to US$70,000. By the time the whole process is over you could be looking at US$120,000 to US$220,000. It is totally worth it though.

To see the whole interview go to  www.QNews.com.au

[Source: Original Article]

US National Longitudinal Lesbian Family Study: Psychological Adjustment of 17-Year-Old Adolescents

Nanette Gartrell, MDa,b,c, Henny Bos, PhDc
Center of Excellence in Women’s Health, University of California, San Francisco, San Francisco, California;
Williams Institute, UCLA School of Law, Los Angeles, California;
Graduate School of Pedagogical and Educational Sciences, Faculty of Social and Behavioral Sciences, University of Amsterdam, Amsterdam, Netherlands

OBJECTIVES The objective of this study was to document the psychological adjustment of adolescents who were conceived through donor insemination by lesbian mothers who enrolled before these offspring were born in the largest, longest running, prospective, longitudinal study of same-sex–parented families.

METHODS Between 1986 and 1992, 154 prospective lesbian mothers volunteered for a study that was designed to follow planned lesbian families from the index children’s conception until they reached adulthood. Data for the current report were gathered through interviews and questionnaires that were completed by 78 index offspring when they were 10 and 17 years old and through interviews and Child Behavior Checklists that were completed by their mothers at corresponding times. The study is ongoing, with a 93% retention rate to date.

RESULTS According to their mothers’ reports, the 17-year-old daughters and sons of lesbian mothers were rated significantly higher in social, school/academic, and total competence and significantly lower in social problems, rule-breaking, aggressive, and externalizing problem behavior than their age-matched counterparts in Achenbach’s normative sample of American youth. Within the lesbian family sample, no Child Behavior Checklist differences were found among adolescent offspring who were conceived by known, as-yet-unknown, and permanently unknown donors or between offspring whose mothers were still together and offspring whose mothers had separated.

CONCLUSIONS Adolescents who have been reared in lesbian-mother families since birth demonstrate healthy psychological adjustment. These findings have implications for the clinical care of adolescents and for pediatricians who are consulted on matters that pertain to same-sex parenting.

[Source: Original Article]

Newswise – The first study ever to examine the experiences of gay male partners who became fathers via surrogacy shows that they are more likely than heterosexual fathers to scale back their careers in order to care for their children. Also, these fathers report that their self-esteem and their closeness with their extended families increases after becoming parents.

In most respects, life changes resulting from parenthood were very much like those experienced by heterosexual couples – closer relations with co-workers, a transition away from single friends toward other couples (straight and gay) with children, and less time for sleep, exercise, and hobbies.

The study involved 40 gay men who became parents through surrogacy, an assisted reproductive technique in which prospective parents contract with a woman to carry a child through pregnancy to birth. In most cases, the egg is obtained independently from a different woman (an "egg donor") than the woman who carries the baby (the "surrogate"). The child is genetically related to one of the gay male parents. The surrogacy process is complex and very expensive, and participating couples in the study were affluent.

The study was conducted by four psychology researchers–Kim Bergman of Growing Generations in Los Angeles (a surrogacy agency), and Ritchie J. Rubio, Robert-Jay Green, and Elena Padrón of the Rockway Institute at the California School of Professional Psychology, Alliant International University, San Francisco. Study results were published in the latest issue of the Journal of GLBT Family Studies,6:111-141, 2010.

The study gathered information from one partner in each of 40 couples through hour-long interviews conducted in person or by telephone. The parents’ median age was 41, and their average annual household income was $270,000. The median age of participants’ children was one year and ten months.

The study gathered information on four aspects of the participants’ experience as they transitioned to parenthood: 1) work and career changes, 2) lifestyle issues, 3) couple, family and friendship experiences, and 4) self-esteem and self-care.

Work and career changes included changing work life in terms of travel, hours and career path (reported by 70 percent of participants); going through occupational changes (65 percent); having sacrifices, losses and missed opportunities in work life (53 percent); and making changes in career goals (53 percent). The fathers reported that their relationships with peers at work improved, while their relationship with superiors at work remained the same. "It is noteworthy," the researchers wrote, "that many of these gay fathers negotiated their career prospects downward and focused on their parenting responsibilities as being primary, at least for the time being while their children were so young … This is in sharp contrast to heterosexual fathers, who often augment their work hours and career commitments after having children."

Lifestyle issues involved a variety of experiences, from buying a larger car or expanding the house to lower frequency and cost of travel. Nearly two-thirds of the new dads bought a new car or made changes in their housing to accommodate their child. Sixty percent hired child care assistance. Nearly all (90 percent) reported changing their business and leisure travel in terms of frequency, length of time, and cost. Two-thirds (65 percent) reported changes in their financial status. Eighty-five percent reported completing or updating their estate planning.

The new fathers encountered many changes in relations with family, friends and co-workers. The couples had been together an average of 12 years, and none had dissolved their relationship after becoming parents. They acknowledged a decrease in romance and personal intimacy with their partners, though they said their relationships remained romantic. Most fathers reported that relationships with their families of origin had become closer and that having a baby increased recognition of the couple as a family. Relations with co-workers often improved because of the shared parenting experience. The new dads reported changes to their social life, with fewer late-night and weekday engagements and a gradual trend toward socializing with other couples who have children, rather than single friends.

One of the notable findings was that having a child significantly improved the gay fathers’ self esteem. Nearly all (95 percent) said having a child "makes me feel good about myself" and that their self-esteem had improved since being a parent. The new fathers reported they were taking less care of themselves by sleeping and exercising less and devoting less time to hobbies, leisure activities and involvement in personal causes. Although their reported spirituality had not changed significantly, more of the new parents (an increase from 25 to 38 percent) reported they were attending religious services since adding a child to their family.

The researchers observed that the new fathers "felt extremely positive and proud about being parents … The narratives of the gay fathers in this study underscore how being a parent contributed to greater meaning in their lives … They derived pleasure and pride in taking care of their children, while they also received increasing validation from their families and their communities."

"Our findings reinforce the growing research evidence that the sexual orientation of the parents makes little difference in parenting. At this early stage of child development, the infant’s or toddler’s needs drive the family interactions and structure the couples’ relationships with friends and relatives. This is as it should be. Gay couples are making major accommodations in their lives just like their heterosexual counterparts who become parents," said Robert-Jay Green, PhD., executive director of the Rockway Institute.
The researchers’ next study will compare the psychological outcomes of children raised by heterosexual parents and children conceived via surrogacy and raised by gay male parents.

About Rockway Institute: The nonpartisan Rockway Institute promotes scientific and professional expertise to counter antigay prejudice and improve public policies affecting lesbian, gay, bisexual, and transgender (LGBT) people. The Institute’s view is that public opinion, policies, and programs should be shaped by the facts about LGBT lives, not by political ideology. A primary goal is to organize the most knowledgeable social scientists, mental health professionals, and physicians in the United States to provide accurate information about LGBT issues to the media, legislatures, and the courts. The Institute also conducts targeted research projects to address the nation’s most pressing LGBT public policy concerns. Website: www.rockwayinstitute.org

To obtain a copy of the original article as published:
Dr. Robert-Jay Green, Tel. 415-955-2121; Email: rjgreen@alliant.edu.

To contact the researchers for further information:

Dr. Kim Bergman, Growing Generations, LLC, Los Angeles, CA
Tel. 323-965-7500 ext. 4715; Email: kim@fertilitycounselingservices.com

Dr. Robert-Jay Green, Rockway Institute at Alliant International University, San Francisco, CA
Tel. 415-955-2121; Email: rjgreen@alliant.edu

[Source: Original Article]

Stephen Page of the wonderful Australian Gay and Lesbian Law Blog has published some guidelines for prospective lesbian parents in Queensland.  He is one of my favourite bloggers and worth subscribing to his feeds.

1. Get legal advice before the child is conceived!
Once the child is conceived, too late! Same sex parenting can be a legal minefield about legal rights and responsibilities. Don’t create a mess and then wonder what went wrong.

2. At the time of conception, you must live in a de facto relationship.
If you don’t live together in a de facto relationship, the laws don’t apply to you. The mother will be    presumed to be single. Overseas same sex marriages are not recognised in Australia. Being in a de facto relationship at any time during the pregnancy, or at the time of birth; but not conception, is too late.

3. The form of conception must be artificial.
If your partner had sex with the man, resulting in conception, the laws do not apply to you. The man is the father, both by genetics and law. IVF is not required. A turkey baster or syringe is sufficient.

4. Your partner should not be married.
There seem to be conflicting, or potentially conflicting rules if the mother of the child is married. It is quite possible that the mother might be married and in a de facto relationship with another woman eg the mother separated from her husband some years before, but never bothered to get divorced.

5. The father must not be shown on the birth certificate.
If he is, then you cannot have him removed from the birth certificate without a court order. Good luck!

6. The birth must have been in Queensland.

7. The birth can have been at anytime.
The change is retrospective: it can be anytime before, on or after 1 June, 2010.

8. You’re shown as "parent" and your partner is shown as "mother" on the birth certificate.

9. Two’s company, three’s a crowd.
There is only allowance for up to two people to be recognised on the birth certificate: the mother; the mother and father, or mother and partner.

10. Both you and your partner fill out the form.
Lesbian co-parents will be recognised for the first time in Queensland law on their children’s birth certificates, starting this Tuesday 1 June.

The changes are contained in the Surrogacy Act 2010 which was passed earlier this year, but does not take effect until Tuesday. That Act made changes to both the Status of Children Act 1978 (which governs presumptions about parentage of children) and the Births, Deaths and Marriages Registration Act 2003, which (obviously) deals with the registration of births, deaths and marriages.

[Source: Original Article]

THIS baby boy is the precious Mother’s Day gift same sex couple Michelle Petryszyn and Casey Fallon have always wanted.

Mitchell Petryszyn was born at Cairns Base Hospital about 5.30am yesterday and while bringing joy to his parents, the couple’s second child also represents a growing trend in the Far North.

Doctors say female couples seeking help with falling pregnant is increasing with about 30 female couples a year consulting fertility groups in Cairns.

"For me, they’ve given my life more meaning, something deeper," said Ms Fallon, who gave birth to the couple’s first child, Evelyn Fallon, 14 months ago.

"If we had more children, I think we would both have one each."

Ms Petryszyn, 26, said sexual preference should never dictate who can have children.

Read more…

This event is very useful for anyone thinking of creating a family as well as for those already with kids who have yet to tell them how their family was created.

Purpose of Seminar
• Speakers will provide insights and advice on all aspects of talking to children about their donor origins.
• Important changes to legislation introduced this year will also be discussed.
• Speakers will include counsellors, parents, a donor and donor-conceived young people – including same sex couples and single people.

Target Audience
• Parents of donor-conceived children of all ages and people who are thinking about or currently having donor treatment are encouraged to attend.
• Health professionals are also welcome to attend.
• This seminar is intended for first time attendees however previous attendees are still welcome.
• Counsellors will be on hand to lead discussion on any issues people wish

Download the details of the seminar and registration form fromwww.varta.org.au Phone 03 8601-5250 or email varta@varta.org.au for any enquiries. The cost will be $25 per person. This will include refreshments and a light lunch. ** Register early to secure a place.

This is not a specifically Australian related story relating to same-sex parenting, but it is relevant for surrogacy dads with a UK background.  Read on….

Changes to legislation will recognise growing trend for same-sex couples to become parents, say campaigners:

Gay male couples will be able to use a fast-track route to become the legal parents of surrogate children from next week. On 6 April, changes to the law will permit two men to be named as parents on a child’s birth certificate for the first time in British history.

The transition will take effect following the implementation of the final piece of the 2008 Human Fertilisation and Embryology Act. This last section is aimed at helping same-sex and unmarried couples who seek to have surrogate children and will allow them to secure legal parenthood in a new, simplified manner. At present, only married, heterosexual couples can use this route.

“These changes bring the law up to date with the realities of modern 21st-century life and recognise that increasing numbers of same-sex and unmarried couples are having children together,” said Natalie Gamble, of the fertility law firm Gamble and Ghevaert.

Surrogacy has become increasingly common and offers couples an alternative route to parenthood if all other methods, including IVF treatments, fail. Current legislation allows heterosexual, married couples to get a parental order to give them a birth certificate for a child born to a mother with whom they have entered into a surrogacy agreement. But gay, lesbian and unmarried couples cannot do this. The surrogate mother has to be named on the birth certificate. If she is married, her husband is legally considered to be the father.

Read more…

Stephen Page, who is one of the best GLBTI legal bloggers around continues his excellent series of posts relating to  Surrogacy in Australia (and for Aussies heading overseas for Surrogacy).  This posting by Stephen relates to the Family Court cases relating to Surrogacy in Australia, and is a great read (albeit full of legal aspects).  Stephen’s blog can be found here (http://lgbtlawblog.blogspot.com)

In 2008 there were amendments to the Family Law Act to recognise children born in Australia as children of the parties under the Family Law Act, but only if there were State or Territory laws allowing a parenting order, and that order had been made. It should be noted at this point that different rules may apply in Western Australia to the rest of Australia. As seen below, there have been some nightmare cases involving surrogacy.
As Justice Crisford stated in the Family Court of Western Australia:

In recent years the use of artificial insemination procedures has risen dramatically, both here and overseas. They were once procedures of last resort for infertile heterosexual married couples. They have now become a mainstream solution for various reproductive challenges including absence of a heterosexual partner. New groups such as single women seeking to raise a child alone, same sex couples and gay men who have arranged for a mother to carry their child have used these procedures.

Whilst technology has grown and the ambit of artificial insemination procedures has expanded the legal system lags behind. This can lead to complicated child custody disputes between the parties.

Some of the cases refer to leave to adopt. Getting leave to adopt is a first step in the adoption process. Leave can only be obtained form the Family Court.

The cases I have written about are from the Family Court. I was unable to find any Federal Magistrate Court cases.

Read more…

The Federal Government in its how to websites has not warned Australians that they might risk prosecution in Australia  for engaging in overseas surrogacy arrangements.

The risk of prosecution was highlighted again a week ago when Queensland passed new surrogacy laws, which criminalise those ordinarily resident in Queensland from accessing overseas commerical surrogacy clinics.

Similarly, if residents of the ACT access overseas commerical surrogacy clinics, they also commit an offence and are at risk of being prosecuted.

No doubt because these are the countries that Australians go to the most for commerical surrogacy, the Federal Government has set up websites at theAustralian Embassy in Washington and the Australian High Commission in New Delhi containing  how to guides for those contemplating overseas commercial surrogacy.

On neither of the sites is there any mention that it is an offence for a resident of Queensland or the ACT to engage in a commerical surrogacy agreement overseas, nor whether the Department of Immigration and Citizenship will refer people to Queensland or ACT authorities for prosecution. The Department in its Australian Citizenship Instructions likewise makes no mention that ACT or Queensland residents accessing commercial surrogacy clinics overseas commit offences in the ACT or Queensland respectively, nor whether these residents will be referred by Departmental officials to ACT or Queensland authorities for investigation and/or prosecution. 

Read more…

Stephen Page, my absolute favourite Gay/Lesbian Legal Blogger has been busy and put together the following summary of Surrogacy laws in each state and territory.  Stephen is a prolific blogger and tweeter….and Gays and Lesbians in Australia are better for his sterling efforts.  Once again, check out his summary below or here.

Each Australian state and territory has its own rules as to surrogacy. Currently all the states, territories, Commonwealth and New Zealand governments are considering reviewing arrangements as to surrogacy, so that all laws are consistent with 15 principles. Those principles are currently secret.

All the states and territories are opposed to commercial surrogacy arrangements. There are no commercial surrogacy clinics in Australia.Australians travel overseas for commerical surrogacy arrangements. Commercial arrangements overseas can lead to complications. The states have moved or are moving to allow altruistic surrogacy.

When a court order for transfer of parentage is made, as it can be in Victoria, the ACT and WA, that order is recognised under the Family Law Act, theChild Support (Assessment) Act and the Australian Citizenship Act. A foreign order may not be recognised under those Acts.

Queensland
Legislation: Surrogate Parenthood Act 1988
Is commercial surrogacy allowed?
No. It is a criminal offence for any commercial surrogacy arrangment to be entered into in Queensland. It is also a criminal offence for a person ordinarily resident in Queensland to enter into a commercial surrogacy arrnangment anywhere in the world.
Is altruistic surrogacy allowed?
No. The same rules that apply to commercial surrogacy apply to altruistic surrogacy.
Are there any proposed changes?
Yes. Following the Parliamentary Committee’s inquiry into altruistic surrogacy, the Bligh government announced that altruistic surrogacy would be decriminalised. There are now two bills: the Government’s  and the Opposition’s. They are identical, except in two respects. Both propose to allow altruistic surrogacy in Queensland for Queenslanders.  The key features are:

• traditional surrogacy and gestational surrogacy would be allowed
• altruistic surrogacy would be allowed
• surrogacy agreements would not be enforceable
• there would be a transfer of legal parentage
• resident parents must reside in Queensland
• commercial surrogacy would remain a criminal offence- both in Queensland and by those ordinarily resident in Queensland throughout the world.

Where they don’t agree:

• the Government’s bill proposes to cover single people and same sex relationships, as well as married and heterosexual de facto couples; and
• would also recognise lesbian co-mothers as parents on birth certificates; but
• the Opposition’s bill excludes single people, those in same sex relationships, and those in heterosexual de facto relationships that are less than 2 years; and
• excludes lesbian co-mothers from being recognised.

The Government has allowed a conscience vote. We shall see how it develops.

New South Wales
Legislation: Assisted Reproductive Technology Act 2007
Is commercial surrogacy allowed?
No. It is an offence. It is not an offence for a NSW resident to arrange a commercial surrogacy outside NSW.
Is altruistic surrogacy allowed?
Yes, but other than the regulation of IVF clinics it is not regulated.
Can legal parentage be transferred?
No – other than through adoption. Generally the ability to transfer parentage is seen as a preferable approach. If unable to transfer, then the usual complications arise as to prior parentage, such as child support.
Are surrogacy agreements binding?
No. They are void.
Who is covered?
Everyone. As altruistic surrogacy arrangements are not specifically regulated, therefore everyone has coverage: married and de facto couples, same sex couples and singles.
Do the intended parents have to live in NSW?
No.

Australian Capital Territory
Legislation: Parentage Act 2004
Is commercial surrogacy allowed?
No. It is an offence. Like Queensland, it is also an offence for an ACT resident to go anywhere in the world to obtain a commercial surrogacy.
Is altruistic surrogacy allowed?
Yes.
Can legal parentage be transferred?
Yes, but only to intended parents from the ACT.
Are surrogacy agreements binding?
No, but an agreement is required for a transfer of parentage.
Who  is covered?
Anyone, but: to have a transfer of parentage, it applies to couples only, not singles. Married, de facto and same sex couples are included.
Do the intended parents have to live in the ACT?
No, but there cannot be a transfer of parentage unless they do.

Victoria
Legislation: Assisted Reproductive Treatment Act 2008
Status of Children Act 1974
Is commercial surrogacy allowed?
No. It is an offence. There is no international ban as there is in Queensland and the ACT.
Is altruistic surrogacy allowed?
Yes.
Can legal parentage be transferred?
Yes.
Are surrogacy agreements binding?
Unlikely.
Who is covered?
Everyone: married couples, de facto and same sex couples and singles

Tasmania
Legislation: Surrogacy Contracts Act 1993
Is commercial surrogacy allowed?
No. It is an offence. It is not an offence for Tasmanians to go overseas to commercial surrogacy clinics.
Is altruistic surrogacy allowed?
No. It is an offence.

South Australia
Legislation: Family Relationships Act 1975
Is commercial surrogacy allowed?
No. It is an offence. There is no restriction on South Australians attending overseas commercial surrogacy clinics.
Is altruistic surrogacy allowed?
No. It is declared illegal and void.
Are there any changes on the horizon?
Yes. The Statutes Amendment (Surrogacy) Act 2009 commences on 26 November, 2009. Its effect:

• commercial surrogacy remains illegal
• altruistic surrogacy is permitted, but there needs to be compliance with a recognised surrogacy agreement
• it is unlikely that agreements are binding
• coverage is limited to South Australian residents, who are married or in a heterosexual de facto relationship for 3 years
• the intended mother must be infertile or there is a risk of a genetic disease being passed on otherwise
• there appears to be some suggestion (although it is unclear) that the surrogate must be the mother, sister, step-sister or first cousin of one of the intended parents
• there can be transfer of legal parentage

Western Australia
Legislation: Surrogacy Act 2008
Is commercial surrogacy allowed?
No. It is not an offence to enter into a commercial surrogacy arrangement, but the clinic would be committing an offence. It is not an offence for a Western Australian to go to an overseas commercial surrogacy clinic.
Is altruistic surrogacy allowed?
Yes.
Can legal parentage be transferred?
Yes, but the intended parent or parents must be WA residents, and one or both must be at least 25.
Are surrogacy agreements binding?
Unlikely.
Who is covered?
Everyone, but: married, heterosexual and same sex de facto couples and singles can be intended parents, provided all are WA residents and one or both are 25 or older.

Northern Territory
Legislation: Nil
There appears to be no legislation in the NT covering surrogacy. It would not be an offence for a Territorian to attend an overseas commercial surrogacy clinic. The ability to adopt in the NT is restricted to married couples or Aboriginal traditional marriage couples, or single people in exceptional circumstances.
ART and IVF services in the Territory are only offered by South Australian doctors, who have to comply with South Australian guidelines. Therefore they do not offer surrogacy services. it is not know what might happen after 26 November, 2009.

[Source: Original Article]

Stephen Page from Harrington Family Lawyers, Brisbane, who is one of my favourite bloggers on all thing Gay/Lesbian Law in Australia, has put together a rather excellent summary of Adoption guidelines in Australia. 

It highlights the not-so-good nature of them for Gays and Lesbians in most states but provides a great overview.  Thanks Stephen.

Every State and Territory has a different set of rules as to who can adopt. This guide does not cover overseas adoptions or adoptions by expatriate Australians.

New South Wales
Legislation: Adoptions Act 2000
The people who can adopt are:

• a couple who have been married for two years;
• a heterosexual de facto couple, who have been together for two years;
• singles- if either they are at least 21, plus at least 18 years older than the child or in the special circumstances of the case the Supreme Court gives permission.

The Supreme Court cannot grant permission to one person to adopt if they have a spouse- husband or wive or heterosexual de facto relationship, and the spouse gives permission.
An adoption by a relative can occur, but only if the Supreme Court is satisfied that it is preferable to any other action, which may be a considerable hurdle.
An adoption by a step-parent can occur, but only if leave to adopt has occurred under the Family Law Act and the child is at least 5, and the consent of the parent is given or dispensed with, and only if the Supreme Court is satisfied that it is preferable to any other action.
Same sex couples cannot adopt. Recommendations by a NSW Parliamentary Committee to allow same-sex adoptions were rejected by the State Government.

Australian Capital Territory
Legislation: Adoptions Act 1993
People who can adopt:

• a couple, including a married couple, living together for 3 years.

There is a strong preference in the Adoptions Act 1993 to make guardianship and custody orders in matters involving stepparents and relatives rather than adoption orders.
Same sex couples can adopt.

Victoria
Legislation: Adoptions Act 1984
People who can adopt:

• a married or heterosexual couple who have been together for 2 years;
• a couple in an Aboriginal traditional marriage who have been together for 2 years.
• single people in special circumstances.

Same sex couples cannot adopt. The Victorian Law Reform Commission has recommended that this be changed, but it has not.

Tasmania
Legislation: Adoptions Act 1988
People who can adopt:

• married couples, and people in de facto relationships, who have been together 3 years.
• single people in special circumstances.

Qualifier: De facto couples, including same sex couples can adopt, but only if they have a registered relationship. Only married couples can adopt a child that is not a stepchild or relative (subject to the special circumstances for single people).

South Australia
Legislation: Adoption Act 1988
People who can adopt:

• couples who have been married for 5 years;
• couples in heterosexual de facto relationships for 5 years;
• single people in special circumstances.

Same sex couples cannot adopt.
Western Australia
Legislation: Adoption Act 1994
People who can adopt:

• is a step-parent of the child and has been married to, or in a de facto relationship with, a parent of the child for at least 3 years;
• is a carer of the child; 
• has, under the Adoption Act, had the child placed in his or her care with a view to the child’s adoption by him or her.

Same sex couples are able to adopt, due to the definition of de facto relationship. The country’s only documented same sex adoption occurred in WA.

Northern Territory
Legislation: Adoption of Children Act
People who can adopt:

• a couple who have been married for 2 years.
• a couple in an Aboriginal traditional marriage of  2 years.
• a husband or wife of a parent of the child;
• a relative of the child.
• single people in exceptional circumstances.

De facto (unless in an Aboriginal traditional marriage) and same sex couples cannot adopt.

Queensland
Legislation: Adoption Act 2009
People who can adopt:

• a couple who have been married for 2 years.
• a heterosexual de facto couple who have been together for 2 years.
• a step-parent when the couple havebeen married or in a heterosexual de facto relationship for 3 years and the child has lived with them over that time;
• the child is between 5 and 17 years old (or there is enough time between 17 and 18 to complete the process).

Same sex couples and single people cannot adopt. Premier Anna Bligh andthe Government made plain that same sex couples need not apply. The previous 1964 Act preserved the inherent jurisdiction of the Supreme Court which may have allowed these adoptions. It is not known whether that inherent jurisdiction remains.

[Source: Original Article]

Advocates for adoption want the Government to consider anomalies in the law that seem to give a special advantage to Australians living overseas.

New figures on adoption show that Australians are continuing to adopt more children from overseas countries than at home.

For people living here and adopting overseas there is one set of rules, but if you live elsewhere for a year or more, Australia’s adoption laws do not necessarily apply.

Adoption advocates are using the new statistics to renew calls for more liberal laws, including allowing same-sex and single parents to apply.

A Federal Government review is currently underway.

It is well-known that there are many more Australians who would like to adopt children than there are children available for adoption.

But if there is any doubt, the situation is made clear in the latest report by the Australian Institute of Health and Welfare (AIHW).

Institute Child and Youth Welfare unit head, Tim Beard, says the number of children available for adoption has dropped significantly.

Read more…

LITTLE Drew Hardy-Hughes and her two mothers are now legally recognised as a family in Victoria.

Sweeping January 1 changes to the state’s reproductive laws mean that non-birth parents can now be named on birth certificates.

Drew’s parents Eilis Hughes and Kristen Hardy, of Werribee, were among the first lesbian couples to act on the landmark legislation.

The birth certificate of their two-year-old daughter, conceived using a known donor, will now list Ms Hughes as the birth mother and Ms Hardy as the other "parent".

"Symbolically it’s huge," Ms Hughes said. "It says that we are a family unit and no one can dispute that.

"We had to fight to be visible, and it was also insulting to Kristen, who’s done all that hard parenting work, for there to be nothing to say that she is a parent."

The victory for the gay and lesbian community sparked outrage last year when it was revealed that all couples seeking fertility treatment would be forced to have police checks once the new laws were enacted. The move, designed to ensure that IVF patients are fit to be parents, was condemned as discriminatory and insulting to couples struggling to conceive.

Read more…

Preposterous demand for police checks has been met by silence.

A NEW era in Victoria’s assisted fertility legislation is about to dawn. From January 1, single Victorian women and lesbian couples will be able to access IVF in their home state rather than having to travel north for treatment.

The Assisted Reproductive Treatment (ART) Bill, which will also allow male gay couples access to IVF by surrogates, was passed in December last year, and arrived on the back of recommendations made by the Victorian Law Reform Commission to bring the state’s assisted reproductive treatment regulation into line with NSW, Queensland, Tasmania, Western Australia and the ACT.

For those it assists in becoming parents there’s no denying the act’s silver lining. It has the potential, as researchers Giuliana Fuscaldo and Sarah Russell argued last year, to legitimise "the idea that biology alone does not define parenthood".

Now for the dark cloud. The act also requires all Victorians jumping on to the IVF carousel to undergo police checks and child protection order checks. As Dr Lyndon Hale, director of Melbourne IVF, told the ABC recently: "The argument forwarded by the Government is that this is Government funds that are being used to help these people get pregnant and therefore they require extra checking."

How is it that the colour of money can make even the most complex of moral issues suddenly seem so black and white?

Read more…

TIMING is crucial when it comes to artificial insemination – at least as far as family law is concerned.

The issue was highlighted when an estranged lesbian couple went to the Federal Magistrates Court in a dispute over parenting orders relating to a three-year-old girl.

The women – given the court-ordered pseudonyms of Ms Aldridge and Ms Keaton – were living together when Ms Aldridge gave birth to the girl in 2006.

They had begun an intimate relationship in 2001 and three years later started attending a fertility clinic together. Before the child was conceived by artificial insemination with donated sperm, Ms Keaton signed consent forms for Ms Aldridge to undergo the procedure. Ms Keaton stayed with her in hospital after the baby’s birth and they shared her home in Sydney’s inner west for nine months afterwards. But after arguments about parenting, Ms Aldridge moved out with the child late in 2006.

Ms Keaton sought court orders that she be declared a parent of the child and given equal shared parental responsibility for her.

The court found in February that she was not a parent as defined in the relevant legislation, which hinged on the timing of conception. To qualify under the Family Law Act, Ms Keaton had to be the mother’s de facto partner at the time of the artificial conception, and the court heard the women only moved in together the month before the child’s birth.

The Chief Federal Magistrate, John Pascoe, found Ms Keaton was not the mother’s de facto partner at the key time. However, he found she was concerned with the girl’s care, welfare and development. He ordered Ms Aldridge have sole parental responsibility for the girl but that she also spend time with Ms Keaton.

Ms Aldridge appealed to the full court of the Family Court, arguing the orders were unnecessary because she was the child’s only parent.

The appeal was dismissed last week. The full court found that the original decision recognised Ms Keaton played ”an important role, akin to a parent, in the child’s life for a significant period of months after her birth”. The three appeal judges, including the Chief Justice, Diana Bryant, were satisfied the child’s best interests had been taken into account.

[Source: Original Article]

Tasmania’s Legislative Council has voted unanimously to make the legal recognition of lesbian co-mothers retrospective to 2003.

The vote followed the unanimous acceptance to legally recognise two mothers on a birth certificate.

The law was originally rejected in 2003 when gay and lesbian couples were first recognised in Tasmanian law.

Rodney Croome from the Tasmanian Gay and Lesbian Rights Group said it is an important step forward.

"It means those children will now have the benefits which include of course greater legal, emotional and financial security of having two legal parents, both of them mothers, rather than just one legal parent, that has been the case up until now which of course has been their biological mother."

Windermere MLC Ivan Dean said not only would the law recognise parents who are supporting children without legal obligation, but it would also streamline the adoption process.

"Rather than go through the costly process, the drawn-out process of applying for adoption and doing it that way, and going through the Family Court, they will now be able to make the application to the registrar and if they can satisfy the register of their significant relationship, then it will be a fairly easy process for them to be included," he said

[Source: Original Article]

The results are in from the Gay Census. So far we’ve looked at gay marriage, sex and drugs. This week we’re taking a look at the issues surrounding gay parenting and surrogacy. How many of us already have children, and how many of us are keen to take the plunge into parenthood?

The survey found that approximately a third of us would one day like to have children. 28% of gay male respondents want kids, 1% already have kids and wanted more. Unsurprisingly, lesbians were more inclined to want children and were also more likely to already have them. 40% of women wanted kids and 3% of those already had them and wanted more. It’s a positive and promising sign according to Rodney Chaing-Cruise, co-moderator of Gay Dads Australia.

“The statistics are quite interesting and illustrate that the desire for gays and lesbians to become parents is very strong. I would suggest at least amongst gay men it’s becoming stronger, particularly as the options of surrogacy are becoming more widely known,” he said.

Discussion of the issues surrounding parenting have become of greater interest to the community, and are starting to become more reflected in aspects of our culture and activities.

“Attitudes towards parenting and children are changing – slowly – within the LGBTI community too,” says Felicity Marlowe from the Rainbow Families Council. “For example the Melbourne Queer Film Festival held a kids movie session at this year’s film festival for the first time.”

When it comes to methods of creating a family, surrogacy, adoption and donor / insemination were the most preferred options. The gay men surveyed were pretty evenly split between adoption and surrogacy as options for how they would create their families. 46% opted for surrogacy as the chosen method, while 48% preferred adoption.

Lesbians respondents preferred the donor / insemination option overall – 62% would choose a donor to help facilitate creating their children, rather than going down the adoption path (25%).

Despite its popularity as an option, the unfortunate reality is that adoption is simply still not really an option for most gays and lesbians in Australia.

“In relation to the gay parenting aspects it is true that surrogacy done in the US, Canada and India is providing gay men with the opportunities to be dads and fulfill their desire to be parents. It’s a desire that straight people have as well. The adoption statistics are very interesting and I suspect they are merely a reflection of ‘we would do it if we were allowed’,” said Chiang-Cruise.

Adoption is essentially illegal for gay and lesbians in all states except WA. ACT and Tasmania allow for “second parent” or “known parent” adoption. The lack of available children for adoption in Australia is a well documented problem. This is on top of the fact that gays and lesbians generally don’t have a legal right (in most states) to access adoption. International adoption is also banned for all gay and lesbian couples from Australia.

So who do we most want to help facilitate the process of creating our families? The clear majority of those surveyed (66% of gay males, 63% of lesbians) said they would want the donor / surrogate to be a good friend, with a slight preference for a queer friend over a straight one. The second most popular option was for an uninvolved donor or surrogate, paid or unpaid, with a 24% of gay men favouring that option, and 27% of lesbians.

The above figures appear indicate a preference for an ongoing relationship with donors, someone who will assist in creating a family and will continue to have an involvement in the child and family’s life. However, according to Lee Matthews, founder of the Gay Dads Australia network, for those creating their family the most important focus is the welfare of the child and treating both parents as equal, rather than focusing on who is or isn’t involved biologically.

“All the dads we know rarely acknowledge whose sperm was used, and make sure that everyone treats both guys within a relationship as equal parents,” said Matthews.

“What’s paramount is that their children see their parents as equal, and also that those around them – extended family, friends, school teachers – do too. Genetics might be topical at time of conception but social circumstance wins out as soon as your kids are part of your life.”

Both Marlowe and Chaing-Cruise agree with Matthews.

As a result of strong community campaigning from organisations such as Rainbow Families Council and Love Makes A Family, parenting options are slowly becoming more available and GLBTI families are more recognised – so is greater awareness of the complex issues surrounding parenting. Traditional terms such as father, mother, biological, natural and parent have radically different implications when used to describe roles within a GLBTI family context.

“Language is a fraught area of discussion as we are trying to create families that do not fit the words or terms the mainstream world uses to explain everyone’s roles/responsibilities with a family structure,” explains Marlowe.

“I think our LGBTI parenting community takes the use of language very seriously and thinks long and hard about what to call ourselves and what words to use to describe our families.”

[Link: Original Article]

What: Gay Dads Victoria – Discussion: Making decisions about childcare, kinder and school

When: 8 September 2009 – 6.00pm – 7.00pm

Where: Drummond Street Relationship Centre 195 Drummond St Carlton, VIC 3053, Australia

QUEENSLAND Labor MPs will be lobbied to vote down new laws allowing same-sex surrogacy arrangements.

Premier Anna Bligh has released a model for legal surrogacy in Queensland which is the only Australian state where altruistic surrogacy – where no money changes hands – is still illegal.

MPs will have a conscience vote on the laws, expected to go to parliament before the end of the year after public consultation.

Australian Christian Lobby Queensland director Peter Earle said same-sex surrogacy arrangements would deprive children of the complementary love and care of both a mother and a father.

Mr Earle said the Liberal National Party had given a commitment during the March state election campaign to oppose the laws.

"In the interests of children, we urge them to stick by these commitments, and we urge Labor … politicians to look to their consciences and follow suit," Mr Earle said in a statement.

"Children are not commodities and their interests should always come before the desires of adults."

But the Queensland Association for Healthy Communities said the announcement was welcome.

"We congratulate the government on bringing Queensland laws up to date with the rest of Australia," association general manager Paul Martin said.

"These changes, if implemented, will bring legal certainty to children of same-sex couples, allowing access to a share of a person’s estate or superannuation upon the death of a parent and providing both parents with the power to consent to medical treatment of the child."

But Mr Martin said the government needed to comprehensively overhaul the law, including civil partnerships and adoption for same-sex couples.

[Link: Original Article]