15 March 2009 Legislation Change - Amendments to the Australian Citizenship Act 2007 to remove discrimination against same-sex de facto couples and their children

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws–General Law Reform) Act 2008 (the Amending Act) amends the Australian Citizenship Act 2007 (the Act). The Amending Act received Royal Assent on 9 December 2008. Part 1 of Schedule 10 to the Amending Act will commence by proclamation on 15 March 2009.

The Amending Act amends the Act to remove discrimination between same-sex and opposite-sex de facto couples, and their children.
Affected legislation

The following provisions of the Act are amended:

* Section 3
* Section 6
* Section 8
* Subsection 22(9)
* Subsection 22(10)

Additional information:

Under the amendments, married couples and de facto couples (whether of the same-sex or opposite-sex) will be recognised as the parents of the child(ren) that they have had as a result of artificial conception procedures with the use of donated genetic material or through a surrogacy arrangement under a prescribed State or Territory law (both as recognised under the Family Law Act 1975). Such parents will additionally be recognised as ‘responsible parents’ of their child(ren). Amendments will also provide parity between same-sex and opposite-sex de facto couples in accessing the residence discretion to count time spent outside Australia as time spent in Australia in meeting the residence requirement for Australian citizenship by conferral.

Application of the new provisions:

Application of amendments affecting sections 3, 6 and 8
The amendments affecting sections 3, 6 and 8 of the Act apply in relation to the acquisition or cessation of Australian citizenship on or after 15 March 2009 because of circumstances (including relationships) existing before, on or after 15 March 2009.

Application of amendments of section 22
The amendments of section 22 of the Act apply in relation to applications to become an Australian citizen:

1. that are made on or after 15 March 2009; or
2. that:
1. were made before 15 March 2009; and
2. were applications in relation to which decisions were not made before 15 March 2009 to approve, or to refuse to approve, the applicants becoming Australian citizens.

Forms: The following forms will be affected:

* Form 1299i – How to apply for Australian citizenship by conferral.

Instructions: Chapters 1, 3 and 5 of the Australian Citizenship Instructions will be amended to take effect on 15 March 2009, when the legislative changes take effect.

[Link: Original Article]

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Australian Gay & Lesbian Law Blog - "Who is a Parent under Section 60H" by Stephen Page

Stephen Page from the Australian Gay and Lesbian Law Blog has posted a summary and links to a recent Federal Magistrates Court case which has relevance to both Gay and Lesbian couples who have had children via artificial reproduction or are planning to go down that path.

"In the recent Federal Magistrates Court case of Keaton and Aldridge, the court had to consider who was a "parent" within the meaning of s.60H of the Family Law Act.

The issue was relevant because Ms Keaton and Ms Aldridge were in a lesbian relationship, and then split up. Ms Aldridge had had a child through artificial conception procedures. The issues before the court included as to whether Ms Keaton was, as she contended, a parent of the child, and whether Ms Aldridge and Ms Keaton were, as Ms Keaton contended, in a de facto relationship.

The issue of when they were in a de facto relationship was important- if the requirement was that they needed to be in a de facto relationship as the time of conception, then Ms Keaton may not be a parent as they may not have been not living together; but if it were at the time of birth, then she would be a parent because by that time they were living together".

[Link: Original Article]
[Link: Original Case]

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Sydney Star Observer - "12yo Blasts Adoption Inquiry" by Harley Dennett

Twelve-year-old Brenna Harding stared down conservative MPs David Clark and Fred Nile while giving evidence before the same-sex adoption inquiry.

The daughter of Vicki Harding and Jackie Braw told the committee last week she wanted her second mum, Jackie, to adopt her so they could be recognised as a family.

“I think it would be great if she was legally recognised. I mean, I already recognise her as my mum. But legally there are things like medical [issues...],” Brenna said.

Neither Clark nor Nile had any questions for Brenna or her mothers, despite the committee’s intense interrogation of the Gay and Lesbian Rights Lobby earlier.

A third conservative MP on the committee, Labor MLC Greg Donnelly, made no attempt to hide his hostility to a dad-free family and pressed Brenna seven times on her relationship with her biological father.

“He’s not my father, he’s my donor. He doesn’t live with me, he hasn’t raised me. I see him but he isn’t like Jackie,” she responded.

Donnelly, a conservative Catholic and former secretary of the Shop, Distributive and Allied Employees Union, continued to press the family to respond to US research on single mothers.

“A daughter has special needs of her father especially the approval of her attractiveness as a person, acceptance of body shape, encouraging the confidence to say no to drugs, and understanding what she should expect in her relationships with men including sexuality,” he quoted.

Brenna said she felt her mothers had those things quite under control.

“There are plenty of families with fathers where those messages are not delivered to their daughters. The proof is in the pudding, the children,” Vicki Harding added.

The mothers had selected a school they knew would be good for Brenna, and addressed teasing by other students.

“Kids find amazing reasons to tease kids. We had a very slight issue in grade three. This boy had heard those teasing words somewhere, he was eight years old, it hasn’t come out of thin air,” Vicki Harding said.

“He’s heard that at home, in his community somewhere. If there wasn’t discrimination this situation wouldn’t arise.”

“It’s not do we have children as GLBTs, because anybody’s children could be teased.”

The Harding mother and daughter team are known in same-sex parenting circles as the co-authors of the Learn To Include children’s books.

[Link: Original Article]

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