Same Same - "More Good News for Gay Families" by Christian Taylor

More good news from the Gay & Lesbian Rights Lobby! At the beginning of the month we saw the historical passage of the 2008 Same Sex Relationships Bill through NSW Parliament, which provides equal parenting rights to co-mothers of children born through donor insemination and allows both mums to be listed on their child’s birth certificate.

In addition to this, now comes the recognition of same-sex couples and their children in the Federal Government’s newly released National Employment Standards. This will guarantee equal entitlement for same-sex couples to carer’s leave, bereavement leave and parental leave as well as rights in relation to flexible working arrangement for parents with children.

“It is encouraging to see the Rudd Labor Government incorporating the HREOC recommendations into the new National Employment Standards,” said Emily Gray, Lobby Co-Convenor. “This will provide the vast majority of families in our community with greater financial and workplace security, ensuring that lesbians and gay men can take leave to care for their partners, children and other family members.”

If passed by parliament, same-sex partners will be treated as members of each other’s immediate family.

“We welcome the sincerity shown by the Rudd Government in getting on with the job of removing discrimination against same-sex couples and call on them to continue this process in any future legislation,” said Peter Johnson, GLRL Co-Convenor, “It’s time for the Coalition to stop delaying same-sex reforms and work with the government to remove discrimination against lesbians and gay men across Australia.”

[Link: Original Article]

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Adelaide Advertiser - "Gay couples lose surrogacy access" by Joanna Vaughan

AN amendment to give same sex couples legal access to gestational surrogacy was rejected by the Upper House last night.
Labor MLC Ian Hunter introduced an amendment to the surrogacy Bill that would allow anyone who had been in a domestic relationship – including those in a same sex relationship – access to gestational surrogacy, on the grounds of making the Bill non-discriminatory to gay couples.

The Legislative Council last night passed the Bill to allow gestational surrogacy, which is a medical process usually used as a last resort when a woman cannot carry a child.

The practice was illegal in South Australia, but allowed in the Australian Capital Territory and New South Wales.

Under the procedure, a fertilised egg is implanted in a surrogate, who carries the child.

Upon birth, the surrogate relinquishes the child to the commissioning couple.

The surrogacy Bill was introduced by Liberal MLC John Dawkins in 2006 following reports that couples had travelled interstate to have the treatment, only to return home to face legal issues.

At the time, it was reported that some parents were so desperate to get their child legally recognised, they were committing medical fraud.

Mr Hunter said although it would be unlikely for gay couples to ever use gestational surrogacy, it was not fair to write legislation that discriminated people on their sexuality.

"We thrashed out the domestic partners bill in this place two years ago, giving same sex couples legal wrights, and now to have new legislation that is discriminatory towards them is just deplorable," he said.

Mr Hunter who chaired a social development committee investigating gestational surrogacy and has previously supported the legislation, said he could not vote for it if his amendment was defeated.

The amendment was easily defeated with all Liberal members, some Labor including Carmel Zollo and Bernard Finnigan and Family First voting it down.

It was supported by Labor MPs Mr Hunter and John Gazolla, Greens MLC Mark Parnell, Democrats Sandra Kanck and Independent Ann Bressington.

[Link: Original Article]

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ABC Online - "Surrogacy change backs biological parents"

A bill to recognise the biological parents of a child born to a surrogate mother has passed the Upper House of the South Australian Parliament in a conscience vote.

Biological parents have not been legally recognised as the parents of a child born through surrogacy.

Amendments were defeated to recognise same-sex couples in the legislation.

Labor MP Ian Hunter thinks the bill is discriminatory because it applies only to heterosexual couples and says he could not support it without the amendments.

"I would love to be able to support a bill which didn't discriminate against gays and lesbians but allowed gestational surrogacy, but I certainly cannot support a bill that enshrines into legislation discrimination once again," he said.

"We fought that battle and we won it and I don't want to retreat."

[Link: Original Article]

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The Age - "Gay parents winners under workplace changes" by Misha Schubert and Ben Schneiders

GAYS and lesbians would win the right to take one year each of unpaid parental leave from 2010 under changes to Labor's employment standards.

But the move could face resistance in the Senate, where conservatives have flagged their unease over gay parenting.

Unveiling its final draft of a legal safety net, the Rudd Government also conceded the need to protect a lost tribe of workers.

Labor yesterday asked the Australian Industrial Relations Commission to create a generic award to cover workers falling outside the award system. It aims to guarantee all lower-paid workers 10 basic conditions, including the minimum wage.

But Prime Minister Kevin Rudd came under fire in Parliament for refusing to guarantee that no worker would be worse off under the safety net. Instead, he attacked the Coalition's WorkChoices regime.

Deputy Opposition Leader Julie Bishop seized on his refusal to give a guarantee, contrasting it with his pledge earlier this year that no working family would be worse off under laws to abolish workplace agreements.

Labor's proposed safety net includes 10 statutory conditions and 10 award conditions. Since its first draft was released in February, the Government has acceded to employer demands that workers must hold a job for at least 12 months before they can request flexible conditions such as working from home.

It also made changes to parental leave, which would give gay parents the same rights as the rest of the community. Nationals senator Barnaby Joyce suggested the move showed the Government was not genuine in its commitment to marriage.

"If you say you believe in marriage between a man and a woman, you have got to be fair dinkum about it, you can't draw a line in the sand somewhere around Western Australia," he said. "The best outcome for a child is a happy family made up of a man and a woman."

If the Coalition opposes the change, Labor would need the votes of the Greens, Family First's Steve Fielding and independent Nick Xenophon in the Senate. Australian Christian Lobby chairman Jim Wallace said the move was an "inevitable consequence" of the broader push to enshrine equality for same-sex couples.

Industrial lawyers said the Government's work standards left many questions unanswered. FCB partner Ben Gee described them as a "lovely statement of aspirational workplace rights" but "there aren't any penalties or sanctions".

Australian Chamber of Commerce and Industry chief executive Peter Anderson said the standards would add "costs and inflexibility to business management" but were not extreme.

ACTU secretary Jeff Lawrence said they did not go far enough and unions would push for improvements.

[Link: Original Article]

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Australian Gay & Lesbian Law Blog - "NSW: Considering further review of Adoption Laws" by Stephen Page

Stephen Page from Brisbane, Queensland, Australia is a partner with Harrington Family Lawyers, Brisbane, a long established boutique family law firm. He writes a wonderful blog called "Australian Gay and Lesbian Law Blog". [Ed - Rodney Cruise]

Stephen Page from the Australian Gay and Lesbian Law Blog is reporting that New South Wales are now considering same sex adoption:

Minister for Women, Verity Firth, during debate on laws to change 55 pieces of legislation including allowing lesbian co-parents to be recognised on the birth certificates, had this to say about adoption:

Currently, gays and lesbians, as individuals, can adopt children, subject to the same process of screening for suitability as heterosexual men and women.

The Minister for Community Services is considering adoption by all New South Wales prospective partners in the context of a broader response to a review of the Adoption Act 2000.

[Link: Original Article]

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Sydney Star Observer - "Parenting Laws Pass Despite Church Campaign" by Harley Dennett

Children born to lesbian couples through artificial insemination can now have both mothers on their birth certificates after the Iemma Government’s parenting reforms passed 64 votes to 11 last week.

Despite Anglican and fathers’ rights groups campaigning strongly against the changes, only a quarter of Coalition members voted against the bill in the lower house, with a further quarter failing to turn up.

The bill passed the upper house without individual votes being recorded.

Minister for Women Verity Firth acknowledged the reforms did not address all the parenting needs of same-sex couples, but were designed to address the most common circumstances.

“The Minister for Community Services [Kevin Greene] is considering adoption by all prospective partners in the context of a broader response to a review of the Adoption Act 2000,” she said.

“Currently, gays and lesbians, as individuals, can adopt children, subject to the same process of screening for suitability as heterosexual men and women.

“Surrogacy is a developing area of law ... being considered as part of the development of a national surrogacy framework. At this stage it would be premature for any changes to be made in NSW.”

It is also now illegal to discriminate on the basis of domestic status, which had Christian Democrat leader Fred Nile claiming critical debate of same-sex relationships could result in a $40,000 fine.

“I have been before the Anti-Discrimination Board in relation to what I regard as trivial matters,” Nile told Parliament.

“Vexatious individuals could say, ‘I’ve got another weapon to use against the people I disagree with’. It costs the person who made the complaint nothing.”

Liberal MLC Charlie Lynn used the parliamentary privilege to attack previous equal age of consent reforms as “exposing vulnerable young boys to sexual predators” and accused the Government of not having a public mandate on these issues.

Nationals leader Andrew Stoner warned the Government was embarking on plans to undermine bans on same-sex marriage, adoption and IVF [sic], but voted for the bill anyway.

Sydney MP Clover Moore joined Greens Leader Lee Rhiannon in calling on the government to proceed with “urgent adoption reform”.

[Link: Original Article]

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MCV - "Relationships and the Law"

Gay marriage, same-sex entitlements, lesbian parents: Australia is in the midst of an important and sometimes confusing debate about legally recognising same-sex couples and their families.

MCV has prepared this special feature to guide you through your rights in state and federal law.

Our guide has been prepared by Australia’s most respected gay human rights advocates and academics. It also includes links to further information.

MARRIAGE

Same-sex marriage is presently recognised in the Netherlands, Belgium, Canada, Spain, South Africa, and, in the USA, in the states of Massachusetts and California.

However, the Australian Marriage Act was amended in 2004 to prohibit any recognition of same-sex marriage in this country.

Some constitutional experts believe the states can enact same-sex marriage laws but this has not yet happened.

If you plan to marry overseas make sure you understand local law. For example, visitors can easily marry in Canada, but it is much harder to obtain a divorce than in Australia.

You should also be aware that your marriage will not be legally recognised when you return to Australia.

Despite opposition from both major parties, support for same-sex marriage is relatively high in Australia (57% according to recent polls).

If you would like to contribute to the campaign for same-sex marriage visit Australian Marriage Equality

CIVIL UNIONS

There is no national civil union scheme in Australia although such schemes do exist at a state level.

There are civil union registries in Tasmania and the ACT. Victoria will have a registry by the end of this year.

These registries provide couples with a way to immediately access all available relationship entitlements in state law, and soon federal law; and to prove their relationship entitlements if challenged in situations like medical emergency.

Registries also provide personal relationships with the official, symbolic recognition of government, and through it, society.

Australia’s registries recognise same and opposite-sex couples, as well as companionate partners in Tasmania and Victoria.

Couples should contact their local Registry of Births, Deaths and Marriages to find out how to have their civil union registered.

Couples can also enter a municipal civil union in Sydney and Melbourne, or a British civil union at a British Consulate. These unions can provide evidence of the existence of a relationship in some circumstances, but they confer no legal rights in Australian law and are largely symbolic.

ACT - City of Sydney - Tasmania - Relationships Tasmania - City of Melbourne - City of Yarra

DE FACTO COUPLES

Australian federal law gives married and opposite-sex de facto couples the same legal rights and responsibilities.

The Federal Government is currently extending the definition of de facto partner to include same-sex partners across all federal laws, beginning with superannuation in mid-2008 and ending with social security in mid-2009.

Other areas where relationship entitlements will be extended include taxation, immigration and workplace entitlements.

All Australian states and territories give opposite-sex de facto couples the same legal rights and responsibilities as married couples. They also give same-sex de facto couples the same entitlements in areas like wills and intestacy, property division and state taxes and pensions.

Parenting rights are not yet extended to same-sex partners in Victoria, NSW, Queensland and South Australia.

Definitions of what constitutes a de facto relationship differ between the states. With the exception of Tasmania there is usually a requirement that de facto partners live together for a certain period before qualifying for relationship entitlements.

Human Rights & Equal Opportunity Commission

YOU AND YOUR CHILD

Laws dealing with family and children are split between state and federal governments.

Some states, including WA, Tasmania and the ACT, allow co-parents in same-sex relationships to adopt their partner’s children. WA and the ACT allow same-sex partners to adopt children relinquished by other people.

Most states allow women in same-sex relationships to access IVF and other fertility services. The exception is Victoria where reform is expected soon. Some states including WA, the ACT and the NT allow co-mothers to be deemed legal parents of children born through fertility treatment. Reform is expected soon in NSW, Victoria and Tasmania.

The Family Court allows child custody disputes to be resolved if the parents are in a same-sex relationship. Disputes over child support and property division are still resolved in state Supreme Courts, but reform is also imminent.

Only the ACT recognises surrogacy arrangements between surrogate mothers and same-sex couples. Surrogacy is available in other countries such as the US, but these arrangements are not automatically recognised in Australia.

None of the other countries with which Australia has adoption protocols allows same-sex partners to adopt their children.

Victorian Gay & Lesbian Rights Lobby

Myths and facts about civil unions

Myth: The registries we have in Australia are second-rate civil union schemes.
Fact: Australia’s state registries grant a wider range of rights to a wider range of couples, and with greater ceremonial recognition than most overseas civil union schemes including in the UK and Europe.

Myth: Registering a relationship is like registering a dog.
Fact: A relationship is registered in the same way as a birth, death or marriage: on a register, in a registry, by a Registrar.

Myth: A state relationship certificate has less legal standing than a marriage certificate.
Fact: A certificate guarantees immediate and incontestable access to all relationship rights, just like a marriage certificate.

Myth: A registry is a poor substitute for marriage.
Fact: Registries were never intended as a substitute for marriage for same-sex couples, but to sit alongside marriage as a way to recognise a wider range of partners who can’t or don’t wish to marry.

Myth: Existing registries don’t allow couples to have ceremonies.
Fact: Registries are designed to allow couples to have their relationships recognised in the manner of their choosing, either with a formal ceremony or without.

[Link: Original Article]

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SX - "Getting with the program" by Jenni Millbank

Same-sex parenting reforms have finally been approved, marking the end of a very long road. But the journey is far from over, writes Jenni Millbank.

Last week saw a major victory for our families in NSW, with the passage of the underwhelming titled Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (law reform can be satisfying but I never said it was sexy).

These reforms ensure that same-sex couples are recognised as de facto relationships across all areas of NSW law (the ‘missing pieces’ left over from the 1999 reforms, with the continued and vexing exception of adoption) and strengthen anti-discrimination protection on the basis of same-sex relationship status.

Most importantly, it finally provides parenting recognition from birth to co-mothers of children conceived through donor insemination, making them legal parents in all areas of NSW law. Both mothers can be recorded as parents in the birth register, can have their children listed as siblings, and can both appear on their child’s birth certificate.

These changes will apply to children who have already been born as well as those born after the passage of the law. There is a simple process for mothers to apply to the Births, Deaths and Marriages Registry to add the second mother to the birth certificate.

This is a huge achievement for community activism and grass roots law reform because we devised our own solutions and then slogged away until the government realised they were the right ones. These reforms reflected the proposals devised by the NSW Gay and Lesbian Rights Lobby in And then the Brides Changed Nappies in 2002 and 2003. I am so proud of the Lobby’s commitment and professionalism over the years; this simply would not have happened without them.

These changes bring NSW into line with similar laws now in place in Western Australia, the Northern Territory and the ACT (with Victoria set to follow later this year), and will help to bring pressure to achieve the same kind of recognition in federal law in the near future.

This system is far more accessible, equitable and broad-reaching than second-parent adoption, in place in many US states, because it does not require a court process. Rather, recognition applies automatically from birth and simply requires that the co-parent consented to assisted conception, regardless of whether conception took place through a clinic or informally at home.

Some press reports have misrepresented the changes as removing rights from fathers, including gay fathers. Nothing could be further from the truth. These changes add a mother to lesbian-led families that previously only had one legal parent.

Sperm and egg donors are not legal parents under current law anywhere in Australia, even if they have a relationship with the child and even if they have been listed on the birth certificate. If mothers have listed a donor as the father in the past this did NOT make him a legal father, but it should be noted that he will only be removed from the birth certificate with his permission or following a court hearing.

Of course there is still more to be done. We need to work together to make adoption open to all and to ensure that parental rights are also included in the new federal reforms. If genuine multiple-parent caregiving is happening in lesbian and gay families we should pursue modes of recognition that can accommodate the needs of such families.

In my view it is also time to create a careful and transparent scheme for the transfer of parental status to commissioning parents in surrogacy arrangements, including gay fathers who have children through this process. But these goals shouldn’t detract from celebrating the magnitude of what we achieved last week.

Jenni Millbank is a Professor of Law at the University of Technology, Sydney. She is the lead author of And then the Brides Changed Nappies report, published in 2002.

[Link: Original Article]

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SX - "Hope for prospective HIV-positive dads" by Katrina Fox

HIV-positive gay men who want to become fathers can do so in the US, thanks to new developments in assisted reproduction technology and legislation changes in California.

Growing Generations, the US’s largest surrogacy agency, has launched a new program that provides surrogacy and egg donation services to men with HIV and allows them to use their own sperm to create biological families.

“Reproductive technologies have developed to the extent where they can now identify and separate the virus from semen so they can have virus-free semen used for insemination,” Anthony Brien, moderator for social networking group Gay Dads NSW, told SX.

The group has invited Kim Bergman from Growing Generations to give a talk next week on surrogacy options for gay men, including those who are HIV-positive. While surrogacy is not permitted under Australian law, those who can afford it can travel to the US, contract a surrogate to carry a child for them and then bring that child back to Australia.

“We have a number of dads in Australia who are parents that way,” Brien said.

ACON CEO Stevie Clayton said there is an option for HIV-positive men’s sperm in Australia to be ‘washed’ to remove HIV. “But this process can be prohibitively expensive,” Clayton told SX.

Gay Dads NSW information night with speakers Kim Bergman from Growing Generations and gay men who have gone through the surrogacy process will be held on Monday, June 16, 7pm at Twenty10 offices, 43 Bedford St, Newtown. RSVP to GaydadsNSW-owner@yahoogroups.com.

[Link: Original Article]

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Joy 94.9 - Allegro Non Troppo - "Gay Dads!"

Gay Dads! Homosexuals wanting to be parents is a quite a political and ethical hot potatoe at the moment. Why? Why do so many politicians consider that Gay men (In particular) in relationships or single, do not qualify as having qualities to make them good parents? In this show we look at 2 situations, Damien in Adelaide who does long term foster care with the blessing of all governments and communities, and Jason and Adrian who used overseas surrogacy to become parents.

Click here to listen CD Quality Mono Quality

[Link: Original Article]

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The Age - "Gay couples face long wait for equal rights" by Misha Schubert

DISCRIMINATION against gay couples in federal laws will continue for months, after the Opposition last night vowed to delay any changes until all the proposed reforms are put before the Parliament.

After an emotionally charged debate last night, the House of Representatives passed laws to give gays and lesbians the right to inherit their partner's public sector superannuation or death benefits.

But the Coalition will use its Senate majority to send the bill to an inquiry that will consider giving the same rights to other interdependent couples.

It also flagged that it would not support making such changes until it sees all of the same-sex reform bills proposed by Labor.

Opposition Leader Brendan Nelson last night gave in-principle support to the reforms to end discrimination against gay couples, but warned that undermining marriage may be a consequence of passing such laws.

Dr Nelson said any delay was the responsibility of the Government — not his party. "It is more important that this be done properly, than it be done immediately," he said.

Labor MP Shane Neumann insisted the changes would not undermine the special place of marriage but merely gave gay partners the same entitlements to payments.

"The God that I worship at my church I don't think is offended in the least bit by the fact of this legislation," he said.

Liberal MP Stuart Robert warned that by replacing references to a "marital relationship" with a "couple relationship" in the super laws, it may "slowly chip away at the institution of marriage".

He also opposed moves in the bill to give inheritance rights to the children of a non-biological gay parent, arguing it would support the practice of gay IVF.

And he asserted that "health insurance funds should not be legally bound to recognise homosexual couples and children as families — some funds may have an ethical objection to this and they should retain the right to uphold their views as to what constitutes marriage and family life."

Labor MP Arch Bevis accused Dr Nelson of opting to "pander to that more extreme right-wing conservative group behind him on the Opposition benches" by refusing to pass the laws quickly.

Queensland Labor MP Graham Perrett urged the Parliament not to deprive same-sex couples of their entitlements "for one minute more than is necessary". He told of his two gay brothers, Nick and Simon, who had found it difficult to come out in a small country town.

"I hope that one day my darling brother Nick will be the beneficiary of the changes before the House," he said.

Shadow treasurer Malcolm Turnbull hit back at critics who accuse the Coalition of delaying the end of discrimination, arguing the Government was free to backdate the laws to whenever it chose.

"That would ensure that those people who are concerned that they might die or their partner might die before this becomes the law of the land, that concern can be set aside and the Parliament can focus on getting the legislation right," he said.

"So let's stop the suggestion that the Liberal Party is homophobic."

[Link: Original Article]

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Australian Gay & Lesbian Law Blog - "NSW: Bill passes Upper House" by Stephen Page

(Stephen Page) previously reported that New South Wales Attorney-General John Hatzistergos had introduced a Bill to Parliament to amend 55 pieces of legislation, including now providing a presumption that where a woman gives birth and is in a lesbian relationship and going through IVF, then her partner will also be deemed to be a parent.

This Bill, with amendments, has now passed the Upper House and is on its way to the Lower House.

Fred Nile's most significant amendment was to allow fathers to be shown on the birth certificate for children of lesbian couples, if the fathers wanted to. Here is what he (and Hatzistergos) said:


[Fred Nile]Insert after clause 5 (2):

(3) If the particulars supplied to the Registrar under section 14 of the Act specify that:

(a) a parent who is the father of the child wishes to be identified in the Register as the father, or

(b) a parent who is the birth mother of the child wishes to be identified in the Register as the mother,

or both, the particulars entered in the Register under section 17 of the Act must identify the parent as the father or mother, as the case requires. This subclause does not limit the particulars which may be included in the Register.

The amendment seeks to address the criticism that the bill's wording seems to devalue the role of the father in that it gives the appearance that the father would not be shown on the birth certificate in this circumstance. What appeared to be an omission and a downgrading of the role of the father has caused a deal of concern about the legislation as a whole; indeed, most of the criticism has focused on that aspect. I have been endeavouring, as have other members, to find a way of resolving that situation. The Attorney General has indicated that it was never the Government's intention to make any statement in the legislation about the role of the father or the importance of fatherhood. If that is the case—and I believe it to be the case—I seek the Government's support for the amendment and the support of Opposition members by way of a conscience vote.

The Hon. JOHN HATZISTERGOS (Attorney General, and Minister for Justice) [11.22 p.m.]: The Government will support the amendment. As I clearly indicated in my second reading speech, it is not the Government's intention to modify the way birth certificates are issued in the sense of removing the names of mothers and fathers. Indeed, the current practice in relation to the naming of mothers and fathers has been an administrative practice that is not regulated by specific provisions. However, in order to allay any concerns we are happy to support the amendment.

Click here for Hansard of the debate.

[Link: Original Article]

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ABC Online - "Rights Win for Lesbian Families"

The rights of New South Wales children with lesbian parents have been expanded under legislation passed by the State Government.

The law clears the way for children from lesbian couples to inherit money from their non-birth parent and receive workers' compensation on behalf of their non-birth parent.

It also allows both mothers to appear on their child's birth certificate.

NSW Attorney-General John Hatzistergos says the Bill is a big step.

"It means that the non-birth parent will have obligations to that child in the same way that every other parent has," he said.

"It also means that child will have the same relationship with the non-birth parent as they do with their birth parent."

Mr Hatzistergos says shadow attorney-general Greg Smith defied his own party in voting against the Bill.

"The Opposition is hopelessly divided on this issue but it's important to recognise that the vote was carried 64 to 11," he said.

"With Mr Smith being one of the few leading spokespersons within the Opposition voting against the legislation, he not only defied his leader but also the leader of the National party."

Emily Gray, from the Gay and Lesbian Rights Lobby, says many Liberal MPs, who voted against the reforms, were confused about the meaning of reforms.

"A lot of that was stemming from the fact that they believed that fathers would be removed from birth certificates following these reforms and that's just simply not true at all," she said.

Ms Gray says the changes have been long-awaited.

"With 71 per cent of the Australian population now supporting equal rights for same-sex couples, it's about time that this equality came through," she said. "We're really happy that it has."

[Link: Original Article]

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