Thursday, December 4, 2008

The West Australian - "New VIC Law Allow Gays to 'Commission' Surrogate Children" - by - AAP

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Gay men will be able to commission a baby via a surrogate mother under new Victorian laws that have angered the Christian lobby.

The landmark laws, passed in State Parliament late on Thursday, legalise surrogacy and give lesbians and single women access to fertility treatment, including IVF.

The Australian Christian Lobby has denounced the legislation as “social engineering” and says it will enable gay men to “order” a surrogate baby on demand.

“It steps outside the natural family, two men can’t (physically) have a baby,” lobby spokesman Rob Ward said.

“The wishes of homosexuals to have children should not be placed above the inalienable rights of children to start out in life with a mother and a father.”

The new laws eradicate the need for surrogate couples to travel interstate for IVF.

Previously, women had to be infertile to qualify for fertility treatment, ruling out surrogate mothers and most single and lesbian women.

The legislation also gives gay partners and parents of surrogate children legal parenting rights and allows women to conceive using the sperm of their dead partners.

Rainbow Families spokeswoman Felicity Marlowe said the notion that mums and dads made better parents was outdated and false.

“We would say that parenting and the ability to be a loving, nurturing and caring parent has no link to gender or sexuality, just as family structure doesn’t have a link to the (parenting) outcome,” she told AAP.

Ms Marlowe has three children with her partner Sarah Marlowe. Each was conceived with sperm from the same donor.

Both women were able to access IVF because they have fertility problems, otherwise they would have had to fly across the border for treatment, Felicity Marlowe said.

She said the new laws meant both women could now be recognised on their children’s birth certificates, giving them legal status as parents.

“One of the big advantages of this law change is the social recognition that comes along via law reform like this.

“What we would say is this law reform is just catching up with social attitudes that have already changed a lot...acknowledging our family makes a huge emotional and social difference to our children.”

Victorian Premier John Brumby said the legislation, which was subject to a conscience vote, was about respecting diversity of families and not passing judgment.

“It’s about respecting that there are different types of families in our society,” he said.

“It’s government in a sense getting out of the way of individuals and families - letting them make judgments without us passing judgment on what we think is right or wrong, and putting the interests of children at the forefront.”


[Link: Original Article ]
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Sydney Morning Herald - "Fertility Bill Shows Respect: Brumby" by AAP

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Landmark legislation giving lesbians and single women access to fertility treatment is about respecting diversity of families and not passing judgment, Victorian Premier John Brumby says.

Speaking a day after the upper house passed the controversial Assisted Reproductive Treatment (ART) bill, Mr Brumby said the laws were a positive step and praised MPs for conducting a respectful debate.

"It's about respecting that there are different types of families in our society and that the interests of children are paramount and that's what the legislation gives effect to," Mr Brumby said on Friday.

"It's government in a sense getting out of the way of individuals and families - letting them make judgments without us passing judgment on what we think is right or wrong, and putting the interests of children at the forefront."

The Victorian upper house narrowly passed the bill 20-18 on the final sitting day of parliament for the year.

It gives single and lesbian women access to fertility treatment, including IVF, and grants gay partners and parents of surrogate children legal parenting rights.

The new laws also eradicate the need for surrogate couples to travel interstate to access reproductive treatment and allow women to conceive using the sperm of their dead partners, with prior consent.

Previously women had to be infertile to qualify for reproductive treatment, ruling surrogate mothers and most single and lesbian women out.

Those seeking fertility treatment must submit to controversial police checks and have a record free of convictions for sexual or violent offences and child protection orders.

Mr Brumby defended the clause, which was hotly contested, saying while it would be inconvenient for some people it was an appropriate safeguard.

"It's an issue really about whether the support is provided to someone who potentially has previously shown that they're not capable of bringing up children, or for example, have abused children.

"It's just aiming to protect the public interest and, I think, if you had a position where a couple who had a long history of abusing children wanted to use these procedures you'd say, well is it appropriate that a couple in those circumstances should be supported by the state, supported by taxpayers in this way?

"I think the overwhelming majority of the public would say it's not appropriate."


[Link: Original Article ]
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Wednesday, December 3, 2008

Herald Sun - "Gay and Single Women Win Right to Fertility Treatment" - by Nick Higginbottom

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GAY and single women can have babies with fertility treatment after controversial legislation passed State Parliament.

Upper House MPs voted 20 to 18 in favour of the amended legislation at 8.30pm. The result was greeted with uproarious applause and cheers from dozens of mothers with children in the public gallery.

The amendments to the legislation then passed the Lower House just after 11pm.

Divisive elements of the Bill - that force women accessing IVF treatment to undergo police checks - were retained, despite outspoken doctors and a former judge having condemned them.

The Government was forced to introduce amendments regarding surrogacy and identity matters yesterday to curry favour with some MPs who were wavering in their support for the Bill.

Parliamentary Secretary for Justice and Labor MP Brian Tee introduced three amendments and said the Bill was all about the rights of the child.

"That's why it's a great result,'' he said.

Attorney-General Rob Hulls, who announced the legislation last December, said it was ground-breaking reform.

"It's long overdue, it modernises our laws and it ends discrimination against people who haven't been able to get access to ART (assisted reproductive technology),'' he said.

Amendments to the Bill mean:

A WOMAN who uses IVF to become a surrogate mother cannot do so for her first child, nor can she use her own eggs.

THERE will be increased counselling, particularly if something goes wrong.

A CHILD will have "donor conceived'' marked next to its name on the birth register, but not on its birth certificate


[Link: Original Article ]
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Tuesday, December 2, 2008

Sydney Star Observer - " Gay Adoption Next" - by Harley Dennet

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The NSW Government has promised a parliamentary inquiry into legalising same-sex adoption after making changes to speed up the approval process for heterosexuals.

“The issue of same-sex adoption was not included in the amendments, however, it was agreed the issue would be referred to the Law and Justice Committee,” a spokesman for Community Services Minister Linda Burney said. “We look forward to the committee’s findings and when the report is due we’ll look at the issue.”

The inquiry will hold hearings early in 2009 to coincide with a separate ongoing inquiry into altruistic surrogacy.

This comes more than 10 years after the NSW Law Reform Commission recommended the current ban against same-sex couples be dropped, and more than two years since another review by the Department of Community Services was handed to the Government.

Attempts by Sydney Star Observer to obtain the 2006 DOCS report through freedom of information laws were unsuccessful as it contained recommendations. It is still not confirmed that the report recommended legalising same-sex adoption.

Stranger adoptions are uncommon due to the low number of Australian children available — around 20 per year. Countries allowing overseas adoptions generally do not use same-sex couples.

Most cases where same-sex adoption would apply are in existing foster arrangements with a gay couple.

The Gay and Lesbian Rights Lobby strongly supported the inquiry into the last piece of NSW law that still discriminates against same-sex couples.

“NSW is in the ludicrous position of allowing individual lesbians and gay men to be assessed for adoption eligibility, but not same-sex couples. This discrimination hurts children by denying legal and social recognition to lesbian and gay parents,” Lobby spokesman Peter Johnson said.

“Adoption reform is essential for long-term foster carers, some step-parents and co-parents. Adoption would give children the economic and emotional stability which comes with the recognition of their families.”

This year co-mothers were given the right to legally adopt the biological children of their partner if they participated in the artificial conception process. But co-fathers were not included.

The inquiry into altruistic surrogacy laws heard in October gay men have
been seeking commercial surrogacy options in the US due to a lack of parenting options in Australia. That inquiry is not expected to report until the second half of 2009. Liberal powerbroker David Clarke is on both inquiries.


[Link: Original Article ]
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Southern Star - "Victorian Couples Recognised" by Andie Noonan

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After sharing eight years and one son together, Rodney Cruise and Jeff Chiang are finally an official couple in the eyes of  the law.

Cruise and Chiang were among the first couples to take advantage of the Victorian Relationships Register, which opened this week and will allow same-sex couples to formally register their unions.

With 23-month-old son Ethan in their arms, the pair registered at the Victorian Registry of Births, Deaths and Marriages on Monday, the register’s first day, with three other same-sex couples.

Victorian Parliament passed laws earlier this year to allow unmarried heterosexual and same-sex domestic partners to formalise their relationships with a registry scheme.

Registration will now provide conclusive proof of a domestic relationship under Victorian law.

The Victorian scheme mirrors those operating in the ACT and Tasmania .

Cruise told Southern Star it was an important step on the road to what he and his partner hope will be the right to marry.

Cruise said the two decided to formalise their union for both practical and symbolic reasons.

“If one of us died, I don’t want to be having to prove the person just buried is my partner to disbelieving public servants or banks or whoever,” he said.

“It’s really important knowing our family will be recorded in official government documents.

“The historic nature of it is that gay families are recognised for the first time. We are a recognised part of the community.”

Although there are no planned festivities, the couple celebrated their anniversary with a recent trip to Japan, and, more importantly for Ethan, a trip to Disneyland.

Deputy Premier and Attorney-General Rob Hulls launched the scheme, saying it was a significant day for those who cannot or don’t wish to marry, to have their relationship respected.

“This will make it easier for couples to access their rights under Victorian law and provide certainty to their legal obligations, without having to argue repeatedly that they are in a committed partnership or to have to prove this in court,” he said.

Victorian Equal Opportunity and Human Rights Commission CEO, Dr Helen Szoke welcomed couples to the first day of registration.

Registering couples need to be 18 years or older, live in Victoria and not be married or in another domestic relationship already registered in Victoria.

Registering a relationship will cost $180, with additional costs for a registration certificate.

info: www.bdm.vic.gov.au

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MCV - "Couples Register their Love"

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Same-sex couples lined up to register their relationships at the Victorian Registry of Births, Deaths and Marriages on Monday.

The Brumby Government’s new Relationships Register was launched by Deputy Premier and Attorney-General Rob Hulls, who said it provided couples who did not want to marry or who were unable to do so with formal recognition of their committed relationship.

John Edie and his partner, Adam, were among those couples who registered their relationship on Monday.

“It’s wonderful that the state of Victoria is now recognising same-sex relationships, and it was exciting to be among the first couples at this morning’s launch,” Edie told MCV.

“Being a New Zealander, where we’ve had the Civil Union Bill for a number of years, it’s nice to see Australia starting to catch up, and this is an important step. I would encourage all those Victorian couples in committed relationships to show support for the Register, by going in and registering.”

[Link: Original Article]

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Tuesday, November 25, 2008

Progress Leader - "Kew couple’s vote hope" by Cassie Maher

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A KEW lesbian couple have urged local Upper House MPs to support a controversial law they say will change their lives.
Jacqui Tomlins and partner Sarah Nichols were married in Canada in 2003 and have three children - Corin, 6, Scout, 3, and Cully, 18 months.
The pair are desperately hoping the Assisted Reproductive Technology (ART) Bill, passed by the Lower House in October, will gain support in a December 2 conscience vote.
The Bill, which has met strong opposition from church and Christian groups, would give lesbians access to IVF, surrogacy or insemination in Victoria; and it would legally recognise the female partner of a woman who has given birth via assisted reproductive technology as a parent.
Ms Tomlins said as a non-biological parent (Ms Nichols gave birth through IVF) she had no legal connection to her children. “If I’m killed in an accident they don’t have access to compensation, or to my estate. I can’t provide legal consent for medical emergencies and if anything happened to Sarah I wouldn’t get automatic custody,” she said.
Ms Tomlins said the Kew community had been “hugely supportive” of the couple’s five-year fight for greater rights within same-sex families (Progress Leader, May 2007 and January 2008).
Favourable votes from Southern Metropolitan Liberal MPs David Davis and Andrea Coote were now “critical”, Ms Tomlins said. Both opposed the Bill in its second reading (20 votes to 18) on November 13.
“If they want to represent the community then they need to support this,” Ms Tomlins said.
Mr Davis said he was generally supportive of the Bill, but criticised mandatory police checks that could act as a barrier for those seeking fertility treatments.
Ms Coote said last week it was too early for a “definitive answer” until a report came back from the legislative committee with amendments.


[Link: Original Article ]
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