Sydney Star Observer '- “Gay Adoption Report Delayed” by Ani Lamont

A final report into the NSW same-sex adoption inquiry has been postponed after the NSW Attorney General intervened in an Administrative Decisions Tribunal decision.

The highly anticipated report was due last month but has been held up while a decision is rendered in a landmark same-sex foster case, which went on appeal before the Administrative Decisions Tribunal two weeks ago.

The Wesley Mission last month appealed the decision from the 2008 case ‘OV and another v QZ and another’, in which it was found the religious-based organisation had unfairly discriminated against a same-sex couple who had applied to become foster parents.

The original case found that the organisation was not protected by religious exemptions in the Anti-Discrimination Act in its decisions to deny same-sex couples access to its foster services.

Wesley Mission was subsequently required to pay $10,000 in damages and to review its services to eliminate practices which discriminated against homosexuals.

The organisation has since appealed to the ADT to take the case to the Supreme Court.

Sydney Star Observer understands that Wesley’s action came backed by a statement from NSW Attorney General John Hatzistergos, who intervened in the case. He is said to have made a submission pointing out the state’s reliance on religious organisations for community services.

The Star has requested a copy of the submission from both the ADT and the Attorney General’s office and is awaiting a response.

A spokesman for the Attorney General’s office denied that any comments made to the ADT favoured either side of the case.

“The Attorney’s intervention in the case is not to ‘back’ or ‘support’ one party over the other. The Attorney has intervened to assist the Tribunal by providing a view as to the Government’s understanding of the effect of certain statutory provisions in the Anti-Discrimination Act,” he said.

It is expected that a decision will not be made on the Wesley appeal case for several months

[Link: Original Article]

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Australian Gay and Lesbian Law Blog - “Queensland to Legalise Surrogacy” by Stephen Page

Stephen Page from the Australian Gay and Lesbian Law Blog is always quick with the news and his blog is one I read daily. He has just posted the Ministerial Media Statement about the legalisation of surrogacy in Queensland:

Altruistic Surrogacy to be decriminalised in Queensland

The Bligh Government will decriminalise altruistic surrogacy in Queensland, giving hundreds of women and couples the opportunity to have children.

Premier Anna Bligh said the decision of the government today would give Queenslanders who were unable to conceive a child fresh hope of starting a family.

"As a mother, I know the incredible joys parenthood can bring," Ms Bligh said.

"Today's decision means Queenslanders who are not able to conceive a child of their own will now have a legal avenue to do so.

"The decision follows the unanimous recommendation of a Joint Parliamentary Committee last year, to change the current Queensland law which makes all forms of surrogacy illegal.The committee recommended decriminalising the practice of altruistic surrogacy - where a woman agrees to bear a child for another person, for no financial gain or personal benefit.

"Cabinet has provided in principle support for the committee's recommendations, and we have agreed to take the necessary action to see the practice of altruistic surrogacy decriminalised.

"The reality is, for some people, surrogacy is their only chance of starting a family. It is not fair that their genuine efforts to do so could land them in jail, or see them face fines of up to $10,000.

"Queensland is currently the only state in Australia where altruistic surrogacy is considered a crime, punishable by jail.

"This government's decision will ensure Queenslanders now have the chance to consider this option, without fear of a prison sentence."

Attorney-General Cameron Dick said that the decriminalisation of altruistic surrogacy has a range of regulatory implications regarding parentage in Queensland.

"The Government will develop a mechanism to allow the transfer of legal parentage from the birth mother to the child's intending parents in altruistic surrogacy arrangements," Mr Dick said.

"This legal framework to support transfer of legal parentage is an issue that requires close consideration by governments at both the state and federal level."

Mr Dick said the national Standing Committee of Attorneys-General is set to discuss this issue at its next meeting in August this year.

"It is important that we achieve some level of cross-jurisdictional consistency, to ensure no child in Australia is disadvantaged."
He said the committee had also recommended the government conduct a review of the status of children being cared for by same-sex parents.

"This is a complex and sensitive issue that attracts strong and diverse views but the government is committing to undertake a review of the legal status of children being cared for by same-sex parents. "

At the end of the day, we want to ensure that all people who want to be parents have the opportunity to be - and most importantly, that all children are treated equally."

Ms Bligh said commercial surrogacy will remain illegal.

"We do not agree with the practice of people using surrogacy as a means of making money.

"Anyone involved in this practice will continue to face fines of up to $10,000 or a maximum of three years imprisonment.

"The legislative changes to decriminalise altruistic surrogacy will be in place by the end of the year.

[Link: Original Article]

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ABC Online - “Gay parents urge federal-state reform” by Nicole Butler

Lobby groups in Qld say Premier Anna Bligh has turned a blind eye to the plight of gay parents. (Reuters: Max Rossi, file photo)

Audio: Same sex couples in Queensland push for equal parental rights. (AM)


The Prime Minister might be pushing ahead with same sex law reform but state Labor governments in Queensland and South Australia are not following the federal lead.

Gay and lesbian couples are not recognised in the two states and they say living under two contradictory legal systems is cruel, particularly when children are involved.

Lobby groups in Queensland say Premier Anna Bligh has turned a blind eye to the plight of gay parents, and they want that influential Queenslander, Prime Minister Kevin Rudd, to help them.

Louise DuChesne and Molly Galea are a lesbian couple living in Brisbane and discovering the joys of parenthood to 17-month-old twins Joseph and Lucienne.

Ms Galea is the children's biological mother, but as the non-biological mother, Ms DuChesne is also fighting for her parental rights because Queensland, like South Australia, does not recognise same sex couples.

"I'm not legally validated or legally acknowledged but I mean the piece of paper is important, being on the birth certificate is important," she said.

"The way we came into this was both of us trying to get pregnant and it was that Molly was the one who got pregnant. I have two children. It is not like I need children of my own. These are my children."

But the twins are not Ms DuChesne's children in the eyes of the law in Queensland.

At a federal level it is a different story. Mr Rudd is pushing ahead with his same sex law reform so that by July even Centrelink will recognise gay couples.

It is this contradiction between Commonwealth and state that is making things confusing and difficult for same sex partners.

Ms Galea says problems regularly crop up in day to day life.

"There is things like health services may refuse Louise being able to take them to health services, because Louise isn't actually a guardian, so that is a bit insulting," she said.

"But also if I died, I would want Louise to be bringing up the children, obviously, as their mother. But because she is not seen as the next of kin, there might be some hoops to jump through."

Shelley Argent is the national spokesperson of PFLAG - Parents and Friends of Gays and Lesbians.

She agrees the inconsistency between federal laws and those in Queensland is cruel and insulting.

"Couples could come from another state who are recognised, they move into Queensland and Queensland does recognise them but they don't recognise their own couples here in Queensland," she said.

Ms Argent says Premier Bligh is deliberately avoiding the issue of same sex rights in Queensland now that she has won the state election.

"They initially phoned me saying would I like a meeting and now, a month later, they are saying send in an email or a letter and we will consider it," she said.

Ms Bligh's office did not return the ABC's calls, nor did Queensland's Attorney-General.

[Link: Original Article]

[Link: Audio]

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Australian Gay and Lesbian Law Blog - “Queensland to Legalise Altruistic Surrogacy” by Stephen Page

Fresh from her re-election, Queensland Premier Anna Bligh has announced that Queensland will legalise altruistic surrogacy by the end of this year.

She also indicated that Labor MP's will not have the choice of a conscience vote: they will have to toe the party line, which is to allow this change through.

The Premier's approach is consistent with an all party committee, chaired by former Attorney-General Linda Lavarch, which recommended that altruistic surrogacy in Queensland be permitted..

Queensland currently has the most regressive laws in the country. All surrogacy is banned. Any Queenslander entering into a surrogacy arrangement, whether in Queensland or anywhere else int he world, commits an offence in Queensland.

[Link: Original Article]

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The Age – "NSW slow to adopt parent provision”

NSW is lagging behind other states because, without a parenting order, a donor or co-parent has no legal rights, a same-sex parenting expert says. Professor Jenni Millbank, from the Faculty of Law at the University of Technology, says there is a growing awareness in the community that "not everybody raising a child is their biological parent".

But unlike in Western Australia, the ACT and Northern Territory, where the partner of the biological parent is automatically awarded co-parent status, much like the male partner of a woman who conceives through IVF, there is no such provision in NSW.

Professor Millbank says while proof of ongoing involvement in the life of the child can be used in court in the event of a dispute, "there is no excuse for NSW to be so slow at recognising parenting rights for same-sex couples".

A spokesman for Attorney-General John Hatzistergos says his Victorian counterpart, Rob Hulls, has indicated his intention to raise the issue of same-sex parental rights at this week's Standing Committee of Attorneys-General meeting. But he says the Iemma Government has no plans to update NSW legislation.

Research conducted in Australia and the US shows up to 10percent of gay men and 20percent of lesbians are parents. Up to half of these parents had children in a previous heterosexual relationship, but this proportion appears to be declining.

The 2006 Private Lives report which surveyed 5476 lesbian, gay, bisexual, transgender and intersex people across Australia found 25.6percent had children while a 2005 Victorian Gay and Lesbian Rights Lobby report indicated that 18.6percent had children.

[Source: Original Article]

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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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