NSW calls for lesbian child support

NSW calls for lesbian child support

New South Wales Attorney-General John Hatzistergos has called for the Family Law Act to be amended by the Commonwealth to allow for child support to be payable by lesbian co-parents to their former partners.

Commonwealth Attorney-General Robert McClelland is considering the move.

Currently both lesbian and gay co-parents are not recognised under the Family Law Act or the Child Support (Assessment) Act. The only way for a gay or lesbian co-parent to obtain child support is to sue in the State courts, relying on equitable estoppel: “We said that we were going to have a child, and you have to pay”. This follows a New South Wales case, W v G (1996) where a lesbian couple split up, after having two planned children, the court ordering the co-parent to pay about $150,000 towards their upkeep.

Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

Things to Read, Watch & Listen

When Not If the Intended Parents Become Parents

The road to parenthood through surrogacy may not always be smooth, but with the right approach, it’s not a matter of if, but when you’ll welcome your child.

Surrogates & Donors are Extraordinary People

Surrogates and donors make parenthood possible for so many who can’t conceive on their own—whether it’s heterosexual couples, LGBTQ+ parents, single parents, or those with medical conditions. Their generosity is nothing short of life-changing.

Anonymity is Dead in Surrogacy: The Rise of Technology and Its Impact on Donor Privacy

In this video, Stephen dives into one of the 10 lessons he’s learned since his first surrogacy case in 1988: the death of anonymity in surrogacy and donor conception.

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