NSW to grant parental rights to lesbian partners

NSW to grant parental rights to lesbian partners

CHILDREN born through IVF to lesbian mothers will have the same rights as those of heterosexual couples, under law changes announced by the New South Wales government.

State Attorney-General John Hatzistergos today said he had accepted NSW Law Reform recommendations extending “parental presumption” provisions to cover gay mums.

It was estimated 20 per cent of the state’s female same-sex couples had children, Mr Hatzistergos said.

The change affects those born through IVF or artificial fertilisation only, by granting parenting rights and obligations to the non-biological mother.

Link to

full article.

Hatzistergos will not give the same rights to children born from gay relationships and will not extend the gay relationships registers of Tasmania and Victoria to NSW.

But in any case, while this might affect the children at a State level, it is unlikely that the lesbian partner will be a “parent” under the Family Law Act, which has implications for presumptions of shared parenting.

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

Can I Move Away With My Child? Relocation Law in Australia

Relocation cases sit among the most difficult parenting disputes in Australian family law. They usually arise when one parent wants to move with a child, or has already moved, in a way that reduces the other parent’s time or involvement. That move might be to another suburb, another regional town, another state, or overseas. These… Read More »Can I Move Away With My Child? Relocation Law in Australia

Who is a Parent By Stephen Page

The question sounds simple. Who is a parent? In law, it is anything but simple. Biology matters. Birth matters. Intention matters. Paperwork matters. State law matters. Federal law matters. Sometimes they line up neatly. Sometimes they collide in ways that leave families, lawyers and government departments wrestling with very uncomfortable uncertainty. That is especially true… Read More »Who is a Parent By Stephen Page

Posthumous Conception in Victoria: Retrieval, Consent, and the Law

Posthumous conception cases in Victoria sit at the intersection of grief, medicine, and strict statutory rules. They are deeply personal matters, but they are also highly technical. Timing matters. Consent matters. Process matters. And one of the hardest truths for families is that retrieving eggs, sperm, or embryos is often easier than being legally allowed… Read More »Posthumous Conception in Victoria: Retrieval, Consent, and the Law

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