MCV – "Rainbow Families Win" by Rachel Cook

The State Government introduced new laws on assisted reproductive treatment (ART) and surrogacy on Tuesday, which will bring Victoria into line with other states.

Deputy Premier and Attorney-General Rob Hulls said in a media statement that “the overarching objective of the reforms was to protect the best interests of children born using such treatment”.

“Families come in all shapes and sizes and always have. We want to ensure that regardless of family structure, a child born through a surrogacy arrangement, to a single mother or to a same-sex couple receives the same legal protections as others.

“These reforms provide a legal framework for what is already occurring in the community,” Hulls said.

The Victorian Law Reform Commission, which recommended the changes, found that parental capacity was based on good parenting skills rather than relationship status or sexual orientation.

The new laws will ensure Victoria’s laws are compatible with Federal discrimination laws by providing that women can gain access to assisted reproductive treatment regardless of their marital status or sexual orientation.

The laws will also ensure stronger legal protection for children by giving legal recognition to the commissioning parents in a surrogacy arrangement, or the female partner of a child’s mother.

The Rainbow Families Council, which represents the interests of same-sex parents and their children, has welcomed the new laws.

“This is a step towards law reform that recognises our children and families legally and socially,” said spokesperson Felicity Marlowe.

Although the legislation will be the subject of a conscience vote in the state parliament, Marlowe told MCV she is confident it will be passed.

“I think it will get through on the recommendations that this is in the best interest for children and families in Victoria,” she said.

[Link: Original Article]

The Age – "Twins’ lesbian mums lose compo case against IVF doctor" by AAP

The lesbian mothers of IVF twin girls have lost a legal bid to sue their doctor for the cost of raising one of the toddlers.

The women, whose names have been suppressed, sued prominent Canberra obstetrician Sydney Robert Armellin for more than $400,000 for implanting two embryos instead of the requested one.

The ACT Supreme Court today ruled in favour of Dr Armellin, and ordered the couple pay his legal costs.

The IVF procedure, which used sperm from a Danish donor, resulted in the birth of twin girls, now aged four.

The couple, whose combined income is more than $100,000, sought $398,000 from Dr Armellin to cover the costs of raising one of the girls, including fees for a private Steiner school in Melbourne.

The court was told the twins’ birth mother had lost her capacity to love and the couple’s relationship suffered as they became mired in everyday tasks associated with raising two children.

But Dr Armellin’s lawyer said loss of freedom was experienced commonly by parents across Australia.

The couple said it was Dr Armellin’s responsibility to ensure his patient’s wishes were carried out during the operation at Canberra’s John James Memorial Hospital on November 12, 2003.

Dr Armellin countered by saying the birth mother only told him she wanted one embryo minutes before she was sedated, after previously signing a form consenting for up to two embryos to be implanted.

The case, before Justice Annabelle Bennett, sparked nationwide condemnation of the women in the media.

The mothers issued a statement during the civil proceedings arguing the case had nothing to do with their feelings towards their daughters, but with Dr Armellin’s failure to comply with their wishes.

“This has never been a case about whether our children are loved,” they said in a handwritten statement.

“They are cherished.”

The couple’s solicitor Thena Kyprianou said her clients, who live in Melbourne, were shocked by the decision.

“They’re disappointed,” Ms Kyprianou told reporters.

“They said they are shocked and that they will consider their options further once they have an opportunity to read the judgment.”

Ms Kyprianou said the publicity surrounding the case had destroyed her clients’ privacy.

Dr Armellin’s barrister Kim Burke said her client was relieved but mindful the women have 28 days to decide whether to lodge an appeal.

[Link: Original Article]

ABC Online – "NSW in rights push for lesbian mums" by Dean Lewins

The New South Wales Government wants a federal law amended so children of lesbian couples can seek child support if their parents separate.

State Attorney-General John Hatzistergos says co-mothers are not recognised in Family Court proceedings under the current laws.

Mr Hatzistergos says he will ask the Federal Government to change the Family Law Act to include lesbian parents at a meeting of attorneys-general this week.

“It’s important that the laws be amended to ensure that these children are treated in the same way that children of heterosexual relationships are, so that in the event that the parents split up, there is an entitlement for that child to be able to seek child support from co-mothers,” he said.

“It’s important to recognise that these relationships exist and these children exist, whatever one might think about them.

“And bearing in mind those facts, it’s logical to ensure that we have a civilised way of ensuring the economic security of these children.”

The State Government last month expanded the rights of NSW children with lesbian parents, clearing the way for children from lesbian couples to inherit money from and receive workers’ compensation on behalf of their non-birth parent.

The reforms allowed both mothers to appear on their child’s birth certificate.

[Link: Original Article]

ABC Online – "No adoption rights for same-sex couples: Bligh"

Ms Bligh says only about 20 babies are now put up for adoption each year in Queensland.

Queensland Premier Anna Bligh says same-sex couples will not be allowed to adopt children under proposed new laws.

State Cabinet yesterday approved several changes, including allowing de facto couples in long-term relationships to adopt.

The Government has also released a discussion paper on whether to give children and ‘birth parents’ involved in pre-1991 adoptions more access to information about each other.

Ms Bligh says only about 20 babies are now put up for adoption each year in Queensland.

“In an environment when you have such a small number of babies and such a large number of couples seeking to adopt, the onus is on the state to make a judgement about the best possible placement for a child and the prospect of that being anything other than couples as I have described, we think is very low,” she said.

[Link: Original Article]

Herald Sun – "MPs also choose on gays’ fertility rights" by John Ferguson

STATE Cabinet has backed a vote among Labor MPs on legislation covering fertility treatment access for gays and single women.

Premier John Brumby has told the MPs they will have a free vote on assisted reproductive technology (ART) and surrogacy.

The Government is drafting legislation to better enable gay couples and single women to have children and expects it to be tabled this year.

Last week’s decision to allow a conscience vote will appease concerns raised by Catholic MPs uncertain about the broadening of treatment, including IVF.

Opposition Leader Ted Baillieu is also set to allow his MPs a free vote, though this depends on the Bill’s detail.

Mr Brumby has previously supported a conscience vote on abortion reforms being backed by the Government, making the last half of the year a potentially divisive environment in the State Parliament.

The Premier told MPs the ART issue was complex and the sort of subject on which MPs could determine their position on the basis of their own conscience.

Attorney-General Rob Hulls announced plans to reform ART legislation just before Christmas.

Mr Hulls said that the changes would bring Victoria into line with other states and “better reflect the reality of modern families”.

“The reality is that many Victorian children are already born to same-sex couples and to single women and yet those children don’t enjoy the same legal protections as others,” Mr Hulls said in December.

The changes are set to be based on the recommendations of the Victorian Law Reform Commission.

Under those proposed changes:

GAYS would not be forced to travel interstate for treatment to become pregnant.

A PANEL would be set up to screen people seeking the treatment in a clinic if convicted of a sexual offence.

SURROGACY arrangements would be changed to make it easier for surrogate mothers to receive treatment.

THE ban on commercial surrogacy would continue.

THE mother’s female partner would be recognised as a parent of the child who was conceived using treatment.

[Link: Original Article]

6minutes.com.au – "Medicare to drop gay discrimination" by Michael Woodhead

Medicare discrimination against gay couples will be eliminated from next year with plans to give same sex couples and their children equal rights to Medicare and PBS safety net thresholds, the government has announced.

At the moment, same-sex couples are not considered a family but as two individuals for the safety nets. Likewise, children of same-sex couples are treated as the family member of only one of the parents, creating an additional financial burden by not having everyone included in each safety net.

But new legislation to come into effect from 1 January 2009 will redefine couples and families in the national health and health Insurance acts so that “people in same sex relationships will have access to the same financial entitlements as couples who are either married or in de-facto relationships,” says Medicare Australia.

Medicare has also announced that restrictions on reversal of elective sterilisation have been removed from 1 July to allow fertility restoration.

[Link: Original Article]

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]

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]

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]

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]