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

Things to Read, Watch & Listen

Anne-Marie Hutchinson Memorial Lecture

I have been given the great honour today of talking about my friend and colleague, the late Anne-Marie Hutchinson, OBE QC (Hons). Speaking at the tail end of this meeting, I have to keep this interesting! I am not going to talk at first about Anne-Marie, but two other inspirational women in my first law… Read More »Anne-Marie Hutchinson Memorial Lecture

Embracing Wellness in Your Daily Routine for Fertility

American guest author Ashley Taylor has written an interest article about having a holistic approach to maintaining your health and addressing fertility issues: In the journey toward maintaining your health and addressing fertility issues, embracing a holistic approach is key. Wellness is more than just a goal; it’s a sustainable lifestyle that intertwines various aspects… Read More »Embracing Wellness in Your Daily Routine for Fertility

Consultation open: Queensland Assisted reproductive technology industry

The Regulation of Assisted Reproductive Technology Services Consultation Paper is now available and open for feedback until 25 February 2024. This follows the Minister for Health, Mental Health and Ambulance Services and Minister for Women’s commitment to regulate the assisted reproductive technology (ART) industry in Queensland by 2024. The paper is designed to help inform considerations for regulating… Read More »Consultation open: Queensland Assisted reproductive technology industry

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