Same Sex Relationships

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Financial matters arising from the dissolution of a de facto relationship, including those within same-sex partnerships, are governed by the Family Law Act 1975 (Cth). While the legislative framework in Australia shares similarities with that for married couples, it is not identical.

DEFINITION OF “DE FACTO RELATIONSHIP”

For a couple to meet the definition of a de facto relationship and fall under the jurisdiction of the Act, they must cohabit on a genuine domestic basis. Although not exhaustive, factors that may indicate such a relationship are outlined within the Act and include considerations such as the duration of the relationship, the nature of their shared residence, the existence of a sexual relationship, financial dependence or interdependence, property ownership, care of any children, and public presentation of the relationship.

JURISDICTION

The Federal Circuit and Family Court of Australia hold jurisdiction over post-separation parenting matters, irrespective of the type of family structure involved.

Despite advancements in assisted reproductive technologies and family planning options, navigating the legal recognition of parentage for same-sex couples with children can be complex. Our team is proficient in providing expert guidance to safeguard the interests of children within same-sex partnerships and uphold the rights of the couple.

PARENTAGE

Parentage laws have evolved to legally recognize non-biological mothers in same-sex relationships. Consequently, women in such relationships who undergo IVF treatment or self-insemination to conceive a child can both attain legal parental status. There is no longer a legal distinction between parents in same-sex and heterosexual relationships.

Key points to consider in determining parentage within a lesbian relationship include:

  • The birth mother is presumed to be the mother of any child born from the pregnancy.

  • The birth mother's female partner is recognized as the legal parent if they were living together as a couple when the IVF/self-insemination occurred, and she consented to the procedure.

  • The female partner's consent to the IVF procedure is crucial.

Consequently, lesbian couples can now be registered as parents on their donor-conceived child's birth certificate. The birth certificate designates the biological mother as the "mother" and her partner as a "parent." 

Individuals who are using a sperm donors will also have the option to list the sperm donor on the birth certificate as the “father” or in an addendum as a "sperm donor." 

It's important to consider the legal ramifications of these decisions, including their impact on parental responsibility as well as dealings with Australian government agencies including Medicare, Centrelink, and the Australian Passport Office. 

Rush Family Law can offer advice and guidance on these potentially intricate matters.