NSW Bill to amend numerous Acts

NSW Bill to amend numerous Acts

NSW Attorney-General John Hatzistergos has now put the bill before the Parliament to allow lesbian couples to both be recognised as parents on the their child’s birth certificates.

The Miscellaneous Acts (Same Sex relationships)Bill 2008 also amends numerous other bills, to remove discrimination in NSW law so that there is a clear defintion of “spouse” which includes same sex couples and de facto couples.

Lesbian parenting amendments

In an Australian first, the Bill, if passed, will contain the the following presumption:

When a woman who is in a de facto relationship with another woman has undergone a fertilisation procedure as a result of which she becomes pregnant:
(a) the other woman is presumed to be a parent of any child born as a result of the pregnancy, but only if the other woman consented to the procedure, and
(b) the woman who has become pregnant is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure.

The key term, of course, is “fertilisation procedure”. Having sex with a man will still result in his being presumed to be the father.

The amendments are retrospective to when the child was born, although there are exceptions,including for wills executed before commencement.

Changes to other Acts

All up 55 pieces of legislation or regulation are altered so that there is a consistent definition of “spouse”. This includes the following legislation:
-Charles Sturt University By-Law
-Co-operative Housing and Starr-Bowkett Societies Act
-Greyhound and Harness Racing Administration Act
-Industrial Relations Act
-Irrigation Areas (Reduction of Rents) Act
-Sydney Cricket and Sports Ground Act
-Water Industry Competition Act

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

Stephen Page Joins Final ALRC Advisory Committee Meeting on Surrogacy Law Reform Our Legal Practice Director, Stephen Page, recently took part in the third and final meeting of the Advisory Committee to the Australian Law Reform Commission’s (ALRC) surrogacy inquiry. The ALRC is due to report to the federal government by 29 July. This is… Read More »ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

No Laws, High Risks: The Truth About Albanian Surrogacy

Albanian surrogacy is the kind of topic that should make intended parents stop and think very carefully before doing anything at all. When a country has no clear surrogacy framework, no proper safeguards, and no settled legal pathway for parentage, the risks do not sit at the edges. They sit right at the centre. At… Read More »No Laws, High Risks: The Truth About Albanian Surrogacy

How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

Onco-fertility and surrogacy can change the course of a family’s future at the very moment life feels most uncertain. A cancer diagnosis is frightening enough on its own. When that diagnosis comes with treatment that may affect fertility, the shock can be even greater. But there is an important message here: in some cases, options… Read More »How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board