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.

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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.

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