AREAS OF LAW | Lesbians and the Law

MARRIAGE

On 9 December 2017 marriage equality was introduced in Australia.

SURNAMES

Whilst changing your name through marriage is not compulsory, it’s a custom that still occurs today.

CREATING YOUR GAYBY BABY

Becoming a parent is a huge and life-changing event no matter what your sexual orientation.

SOURCING YOUR SPERM

You may have a friend or a relative of your partner who may be willing to donate sperm to you or enter into a co-parenting relationship.

ARE YOU A LEGAL PARENT?

You can be a biological parent, but not a legal parent. Legal parent status emerges from the following situations.

UNKNOWN DONOR RIGHTS

An unknown donor has no legal rights or obligations to the child.

KNOWN DONORS

Before choosing a known donor, be aware that there have been recent cases where a known donor has requested and been granted legal rights to the child.

DONOR AGREEMENTS

An agreement between you, your partner and a donor is referred to as a donor agreement.

WHO OWNS YOUR EMBRYOS?

It’s a good idea to think about embryos when doing your family planning.

IVF

For lesbians, IVF is a path to parenting that allows each partner to feel physically or biologically connected to their child.

BECOMING A FOSTER PARENT

A lesbian foster carer takes on the role of a parent to the child for a period of time to make sure a child has a safe and loving home.

ADOPTION

Not every lesbian or lesbian couple chooses to bear children.

BIRTH CERTIFICATES

Almost all states now provide for lesbian partners to be listed as a “parent” or (other) “mother” on their child’s birth certificate.

WILLS & MEDICAL INCAPACITY

It is important to select the person you want to make decisions for you if you were unable to make them for yourself.

MEDICARE & HEALTH INSURANCE

Like a will, health insurance is one of those things in life that we don’t always like to think about.

DOMESTIC VIOLENCE

Unfortunately domestic violence may occur in some lesbian relationships.

PASSPORTS & TRAVEL

Two mothers can now be listed on a child’s passport application, but you should research the laws of the country you are travelling to for safety reasons.

EMPLOYMENT & DISRCRIMINATION

It’s important to know what our rights are and how we might proceed should a situation arise.

SEPARATION

Like all couples, lesbian relationships don’t start out with the idea that they might end.

DIVORCE

If you need to get a Divorce, check out the resources here and whether you need a lawyer to assist.

FAMILY COURT

The primary considerations of the Family Court in looking at what is best for a child are...

CHILD SUPPORT

Child support is to assist one parent with the day-to-day expenses of raising a child

CASE LAW

Read the latest cases in the Family Court dealing with lesbian couples and donors.

DEFINITIONS

Read about lesbians who have created families in different ways.

SURROGACY

Surrogacy is an arrangement where a woman, known as the surrogate, agrees to carry a child in pregnancy for the intended parents.

ADOPTING YOUR PARTNER'S CHILD

If you have been with your partner for a long time and have helped raise their child, then you may discuss adopting their child.

DONOR SIBLINGS

If you have used a sperm donor, then chances are your children will have donor siblings or 'diblings' in Australia and possibly overseas.