Family Matters - "School experiences of the children of lesbian and gay parents" by Ray, V; Gregory, R

Research suggests that the children of gay and lesbian parents have similar psychological adjustments to those children growing up in more traditional family structures. Nevertheless, these children may face some particular challenges. In this article the authors explore the school experiences of a small sample of children of gay and lesbian parents. They identify some common difficulties that these children confront, and suggest some possible approaches to overcoming them.

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Hobart Mercury - "I want to be a great dad Croome plans baby with lesbian friend" by Martine Haley

TASMANIAN gay activist Rodney Croome hopes to be a great dad to a baby he plans for next year.

Mr Croome plans to father the baby with a lesbian friend within the next 18 months.

And the man who spearheaded the Tasmanian gay law reform struggle in the 1990s said yesterday they intended raising the child jointly.

He said the mother-to-be, who wants to remain anonymous, asked him more than 12 months ago if he would consider fathering a child with her.

``She made it clear she wasn't talking about a simple, anonymous sperm donor, but a full-on, full-time dad,'' Mr Croome said.

``I panicked a bit. My first thoughts were I haven't got enough money, I haven't got enough time, it would be too stressful and I like my sleep.

``And then I thought everyone at some stage is in that situation and if I was to wait for the right time, that time might not come.''

Although they have been friends for several years, the pair decided it was important they get to know each other even better before having a child.

``If we have a child together, we're going to be in a kind of relationship really, even though not romantic, for up to 20 years,'' Mr Croome said.

``So we felt it was important to get to know each other better, to

become a bit more a part of each other's lives and to see if, after having done that, we still thought it a good idea.

``We still do.'' He said it was likely the pair would ``start the process of conception'' soon.

``We won't be doing this the conventional way,'' he said.

``But we are not using IVF. There will be no doctors, no clinics.

``There is more than one way to skin a rabbit.''

Mr Croome, who lives with his gay partner in Hobart, was yesterday bemused by interest in his fatherhood plans.

``I guess I can understand the interest, especially in light of the current debate about fertility,'' he said.

He and the baby's mother -- who also has a partner -- were considering living together during the early stages of the baby's life.

``We are still talking about that. It's a possibility,'' he said.

``The optimum situation is we share the parenting equally but, of course, when it is a baby, that's not really possible unless we live together.

``We haven't finalised that yet because it involves a lot of issues like our partners, the dogs and cats.''

He said he would use his parents as role models for raising his child.

``My parents have given me much more than I can ever give them in return,'' he said.

``That is always the thing with parents and I feel the only way I can ever repay that debt is to give the same to someone else, my own child.''

``If I can repay that debt, just a portion of that debt that I owe my parents, with a child myself, then I will be happy.''

Before making the decision to have a child, he had extensive talks with a wide range of gay and lesbian couples and their children, he said.

He was pleasantly surprised that none of the children had experienced discrimination or felt they had ever been harassed because their parents were gay.

``If there is still discrimination against children of gays and lesbians, it's up to society as a whole to deal with that and try to remove that discrimination,'' he said.

Having a child meant producing ``something that goes beyond me''.

``I'm not doing it as a statement. That would be a ridiculous thing to do,'' he said.

``Obviously it brings up issues and I'm happy to address them as an activist. But in the end it is just our business.''

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Gay and Lesbian Rights Lobby of NSW - "Meet the parents: a review of the research on lesbian and gay families" by Jenni Millbank

This review was prepared for the Gay and Lesbian Rights Lobby of NSW. It establishes that a considerable body of social science research now exists demonstrating that children from lesbian and gay families do not display any important differences in development, happiness, peer relations or adjustment from those children raised by heterosexual parents. Recent studies from both the UK and USA have shown that family processes, not family structures, are the main determinants of children's well being. These studies show that it is the quality of the relationships between adults in the household and between the adult/s and children which have the largest impact on the children.

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Herald Sun - "Lesbians better parents - study" by Jen Kelly

LESBIAN couples make better parents than heterosexuals, research suggests.

IVF pioneer Carl Wood has published a paper detailing American research of several years ago to renew the push for all lesbians to be granted rights to infertility treatment.

The studies suggested lesbian couples made better parents because their children were more tolerant of diversity and more socially skilled.

Children of lesbians were also found to suffer far less parental sexual and physical abuse and incest than their peers.

``Women are more verbally fluent than males, so with two women bringing up a child, it has a greater chance of developing better conversation skills,'' Professor Wood said yesterday. ``The children of lesbians in the studies also had a broader view of life.''

Prof. Wood's claims have fuelled fresh debate over whether gay and lesbian couples should be able to raise children.

Australian Family Association national secretary Bill Muehlenberg said the great weight of studies suggested any combination other than a man and woman -- preferably married -- harmed the child.

``These children will do less well on almost every social indicator -- school performance, suicide rates, drug involvement and criminal involvement,'' he said.

The long-term damage to children of lesbians was unknown because the phenomenon was quite new and few offspring were past adolescence.

Victorian Gay and Lesbian Lobby spokeswoman Miranda Stewart said all research suggested gay parents were as good if not better at raising children.

``What's important in parenting is loving attention and consistent support for the child,'' she said.

``Determining what is a good parent shouldn't be linked to who you have sex with.''

Prof. Wood, who published his report in Australian Medicine, said the maternal instincts of two women may provide more love and care than other couples.

Children of lesbians usually were the product of carefully selected fathers, whereas 5 per cent of offspring of heterosexual couples were the product of adulterous relationships.

In such cases, a mother's guilt often harmed her relationship with the child and the father, he said.

Under Victorian law, only lesbians who can prove they are infertile can use IVF, so most are still forced to travel to New South Wales for treatment.

Prof. Wood's claims were based on a review of 12 studies investigating more than 300 children of gay and lesbian parents.

It showed they did not differ from other children in most aspects, including psychological health, social relationships, personality and maturity.

Prof. Wood also revealed he knew of lesbians who were using ``do-it-yourself'' donor insemination kits to become pregnant because they were banned from using reproductive technology.

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Townsville Bulletin - "Gay couples `better prepared for parenthood'" by Craig Baxter

SAME sex couples put more thought into becoming parents than some ``normal'' couples and should not be denied access to IVF treatment, a Townsville gay woman says.

Jennifer Jefferies, owner of The Perfect Potion aromatherapy shop in Flinders Mall, says physiological constraints and society's prejudices meant same sex couples had to prepare thoroughly for parenthood.

``There are no accidents or surprise (pregnancies),'' Ms Jefferies said. ``We have to plan it all.

``And (because) we know our children might grow up in a bigoted area, we take it very seriously.''

Ms Jefferies and her partner do not have children, but would consider it in the future.

She said the opposition of the Prime Minister and the Member for Herbert Peter Lindsay to IVF access for same sex couples was ``really disappointing''.

She said the views of Mr Howard and Mr Lindsay were discriminatory.

``It's everyone's individual right to make a choice and have access,'' she said.

``I'm disappointed that it's the year 2000 and access is still denied.''

Last week John Howard moved to override the decision of a Victorian court allowing a single woman to undergo IVF treatment.

Mr Lindsay supported Mr Howard's stance, saying children needed a mother and a father.

But Ms Jefferies said a mum and dad did not guarantee a happy family.

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Sunday Age - "From gay man to gay dad, and midnight feeds to rave reviews - WENDY TUOHY Meets ... Campion Decent" by Wendy Tuohy

Like any proud father, Campion Decent has photos of the kids at the ready, to be flashed at a moment's notice if asked. There are his three-year-old twins on pool-side lounges, wrapped in towels, beaming... "Little Lord and Lady Fauntleroy, I call them." When their mother moved home from Sydney to Melbourne two years ago, Mr Decent, a playwright and arts administrator, did not hesitate to relocate as well. So did his partner, a lawyer called Simon. Mr Decent (pronounced "descent"), a former director of the Sydney Gay and Lesbian Mardi Gras and editor of the gay community paper the Sydney Star Observer, landed a job as director of the forthcoming Next Wave youth arts festival in Melbourne. "I think ... there is a duty of care to the child or children you are going to bring into the world," says Mr Decent of his decision to move, enjoying the sunshine at the rooftop cafe of the Next Wave/Radio 3RRR building in Fitzroy. Are people fascinated by the apparent gay parent contradiction? "Yes. I had one dinner party in Melbourne last year where there was a straight man there, and I was there with my partner, and he obviously knew I was gay. And then someone else said, `How are the kids?' He was curious but confused - and really interested in the mechanics of how we'd done it and what the repercussions had been. "It is an inherently interesting story to some people, but at the same time it's so regular. It's so mundane, it's so much about the normal parenting issues of vomit on the baby's bib, and the cold, and the wake-up in the middle of the night, and `How are we going to entertain the kids?' - it's just so regular." Last year, Mr Decent was persuaded by the Sydney theatre director David Fenton that his experiences as a gay parent were interesting enough to write about. Though he had reservations about the personal nature of the material, he agreed to write, and the play, Baby X, made its debut at Sydney's Belvoir Street theatre in February. It opens in Melbourne at the Playbox on April 19. "A kind of fantasia on gay parenting," the play opens with the main character being asked by two lesbian friends to donate sperm for a baby. Mr Descent became a father after he was chosen as sperm donor by two of his lesbian friends. (Neither he nor the biological mother considered that the gene for twins in their families would result in two babies.) Reviews praised the play for its mischievous humor and humanity. It parallels the development of the baby in the womb with the emotional journey of the parents. It "challenges assumptions ... tackles notions of identity and detonates a few bombs in the minefield of political correctness," said one critic. Mr Decent, the son of a salesman and a radio actress who gave him her maiden name as his Christian name, says issues about his identity as a gay man are "heightened and theatrical" in the play. "I certainly didn't go through it to the extent that the play details, but it was a moment in time where I started to think about my identity. " I was going to be a father and, as a gay man, I never thought that was going to be a choice open to me ... I've always loved kids, but it's just something I thought I wouldn't get a chance to do. I didn't realise I would take myself out of that box." Mr Decent studied creative arts at Wollongong University, did a masters degree in theatre studies at the University of New South Wales, then attended the playwrights' studio at the National Institute of Dramatic Arts. His first play won a national award in 1988. At 35, he has an impressive list of arts appointments behind him: he was director of the Sydney Mardi Gras in 1994 and 1995; program manager for theatre and dance with the New South Wales Ministry for the Arts; then senior program officer for theatre with the Australia Council. Although he considers himself a writer first, Mr Decent says the gift of being organised has helped him as a facilitator for other artists. He is knee-deep in arrangements for the Next Wave festival, in which the works of between 500 and 600 young Melbourne artists will feature at 70 events. The theme of the festival is `Wide Awake - Dreaming at Twilight', an opportunity for young people to express what they want to say to themselves, the broader community and the next generation. As for the future, Mr Decent is keeping an open mind. Does he know where he will be in five years? "I find that an astonishing question. I know some people can do it, but the events of the past two or or three years have really taught me that it's one day at a time." wtuohy@theage.fairfax.com.au

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Australian Parliament - "Research Note: Same Sex Couple Adoption: The Situation in Canada and Australia" by Tanya Canny

Introduction

Same sex parenting is becoming more common, yet parenting by gay and lesbian couples is not recognised under Australian law; same sex couples may not marry and currently there is no provision for joint adoption applications from same sex couples.(1)

This note will briefly examine the law in Australia, the law in Canada and the outcome of a recent landmark Canadian decision concerning same sex adoption.

The Law in Australia

In Australia, the law governing adoption is mainly contained in State and Territory legislation. That legislation determines who may adopt and be recognised as the parent of a child. While the Family Law Act 1975 regulates private aspects of parenting such as with whom a child lives or has contact, it does so against the background of parental status as determined by State/Territory laws.(2) Generally speaking, Australia's adoption laws are geared towards heterosexual couples. The law in Victoria and NSW will be used as illustrative examples.

Victoria

In Victoria The Adoption Act 1984 states:

An adoption order may be made in favour of a man and a woman who are married to each other and have been so married for not less than two years.(3)

As well as de facto relationships, traditional indigenous marriages are also given recognition. The Act goes on to state that where the Court is satisfied that special circumstances exist, it may make an adoption order in favour of one person.(4) In some instances under the Children and Young Persons Act 1989 (which is unique to Victoria) same sex couples may be granted permanent care orders.(5) However, permanent care, unlike adoption, does not sever parental ties, so same sex couples face the prospect of the child's biological parent(s) playing an on going role in the child's life, or possibly having the child legally returned to the biological parent(s).

New South Wales

The Adoption of Children Act 1965 states:

An adoption order shall not be made otherwise than in favour of a husband and wife jointly.(6)

The Court may make an adoption order in favour of a man and a woman who are living together as husband and wife on a bona fide domestic basis although not married.(7) Where the Court is satisfied that in the particular circumstances of the case it is desirable to do so, the court may make an adoption order in favour of one person.(8)

The Law in Canada

Canadian law has not recognised same sex couples in the way it has married couples (and in some cases, opposite sex defacto couples). However the courts have had to grapple with a growing number of challenges to legislation and policies which treat these couples differently, particularly challenges which have been based on the principle of equality enshrined in the Canadian Charter of Human Rights and Freedoms 1982 (the Charter), and in provincial and federal human rights legislation. These challenges have focused on a range of legislation and policies, including marriage, adoption and pension plans.

The Canadian Charter of Human Rights and Freedoms 1982

Section 15 of the Charter guarantees every person the equal benefit and protection of the law without discrimination. In particular the Charter prohibits discrimination on grounds of sex. The Supreme Court of Canada has held that sexual orientation is an additional ground of discrimination prohibited by the Charter.(9) Canadian federal and provincial anti-discrimination law now prohibits discrimination on the basis of sexual orientation. In fact in Haig v Canada(10)and Vriend v Alberta,(11) it was held that failure to prohibit discrimination on the grounds of sexual orientation in the Canadian Human Rights 1985 and the Individual's Rights Protection Act 1980 violated s15 of the Charter-it denied homosexual people the formal equality and protection from discrimination given other disadvantaged groups.

In the case of Re K and B,(12) the Ontario Court found the Child and Family Services Act 1990 (Ontario) infringed section 15 of the Charter by not allowing same sex couples to bring a joint application for adoption. The court modified the Act's definition of spouse to include same sex couples, thereby permitting same sex joint applications under the Act. As the result of legislative amendments same sex couples may also jointly apply to adopt in the provinces of Quebec, British Columbia, Ontario and Saskatchewan. These provinces have already amended laws to remove discrimination against gay men and lesbians, following a Supreme Court of Canada ruling that homosexual couples should enjoy the same rights as heterosexual couples.

Landmark Decision: Re A

Alberta can be added to the list of provinces that permits same sex couples to adopt jointly. The judgement in Re A was given on November 26, 1999 in the Alberta Court of Queens Bench by Martin J.(13) The questions addressed by the Judge were whether the definition of 'spouse' in the spousal adoption provisions of the Child Welfare Act 1984 included same sex couples, and, if not, whether these sections violate section 15 of the Charter.

Martin J summarised the issues as follows:

* It is reasonable and just to interpret the term 'step-parent' to include same sex couples. (In particular because the legislature acknowledged that there are diverse family structures.)
* Same sex couples may constitute 'families', able to perform enumerated functions to the same extent as traditional families.
* The overriding consideration must be: the nature of the petitioner's relationship with the child, i.e. whether that person has made a commitment to assume the role of the parent to that child .

Given the answer to the first question was that the legislative definition included same sex couples, the Charter issue was not addressed. However Martin J did note that in Re K and B the court found that a restrictive definition of 'spouse' in adoption legislation was unconstitutional.

Outcomes

In his ruling, Martin J approved the adoptions, looking past the traditional approach and focussing instead on the best interests of the children. He held that the lesbian couple were amply qualified to become the legal parent of a child that they had raised since birth. He pointed out that every case is decided on the basis of individual facts, and, as in all cases, the application will only be approved if the court is satisfied that it is in the best interests of the child.

The Role of Legislation

Adoption legislation provides minimum requirements for eligibility, guiding the Court as to what it must examine in considering whether to grant an order for adoption. In Re A, Martin J stated that legislation should only look to the suitability of parents, rather than to their sexual orientation. Comparable propositions were made on this issue by a NSW Law Reform Commission Report in 1997 which stated that legislation should support flexibility and adaptability in agency decision-making, rather than restrict the types of adoptive parents able to be considered by adoption professionals.(14) As the Report says, '[t]here is no established connection, positive or negative, between people's sexual orientation and their suitability as adoptive parents.'(15)

Arguably, legislation must take into consideration different types of family structure, differences in the lifecycle stages and differing community contexts.(16) It must also be examined to ensure that it is based on assumptions that reflect current attitudes and beliefs.

Conclusion

The law in Australia has not moved in the same direction as Canada on the issue of granting same sex couples adoption rights. In fact, like many other countries, same sex couples face discrimination in many Australian pieces of legislation- State, Territory and Commonwealth. In legal terms, the traditional nuclear family is still paramount. The growing popularity of gay parenting is set to cause its own share of legal complications, especially when gay men and lesbians want to be actively participating in parental caring. Canadian decisions in various provinces and the most recent ruling in Alberta do not mean that gays and lesbians will automatically be granted adoption rights. The best interests of the children involved will be considered in same sex cases, as it is in other applications. Canada has explored these issues, while Australian courts and parliaments have yet to address or consider them in detail. It is conceivable that Australia might choose to utilise Canadian precedent in this area.

1. See for example 'Gay groups seek changes to parenting laws', Sunday Age, 9 Jan 2000; Jenni Millbank 'The De Facto Relationships Amendment Bill 1998', Australasian Gay and Lesbian Law Journal, vol. 8, May 1999; William Rubenstein, 'We are family: a reflection on the search for legal recognition of lesbian and gay relationships' Journal of Law and Politics, vol. 8, no. 1, Fall 1991.

2. Danny Sandor, 'Same Sex Couples can Adopt in Ontario: The Canadian Case of Re K and its Significance to Australian Family Law', Australian Journal of Family Law, vol. 11, March 1997, p.38.

3. Subsection 11 (1)(a).

4. Subsection 11(3)

5. Section 112

6. Subsection 19(1)

7. Subsection 19 (1A)

8. Subsection 19(2) and (1B).

9. Vriend v Alberta (1998) 156 DLR (4th).

10. (1992) 94 DLR (4th).

11. (1998) 156 DLR (4th).

12. (1995) 125 DLR (4th) 653.

13. [1999] A.J. No. 1349.

14. NSW Law Reform Commission Report 81, Review of the Adoption of Children Act 1965 (1997). Chapters 6.

15. ibid, p. 230.

16. ibid.

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