TWO MOTHERS CAN BE LISTED ON A BIRTH CERTIFICATE
Birth certificates that carry the names of two mothers will be available for lesbian parents under new laws which come into force tomorrow, said NSW Attorney General John Hatzistergos.
Mr Hatzistergos said the new birth certificates are part of a broad package of reforms which give the children of female de facto couples equal rights.
"It is important that when we recognise the rights of children of female de facto couples, we reflect those rights in official documentation."
"A child's birth certificate, which lists two mothers as parents, gives that child the same advantages in life as a child with heterosexual parents listed on their birth certificate."
Mr Hatzistergos said the Registry of Births, Deaths and Marriages had already received more than 100 inquires about the new birth certificates.
The new laws only apply to children who are conceived through artificial fertilisation who are living in domestic situations where their parents are in a lesbian de facto relationship. The laws will be retrospective allowing lesbian mothers to be listed on birth certificates for existing children.
"The new laws do not diminish or extinguish the rights of fathers in any way," said Mr Hatzistergos.
"Fathers will not have their names removed from birth certificates, nor will they be prevented from having their names placed on birth certificates.
Under current law, sperm donors do not have parental presumptions and are not listed on birth certificates. This will not change.
Previously, under the Status of Children Act 1996, parental presumptions for artificial fertilisation only applied to heterosexual couples.
The new law also brings NSW into line with Western Australia, the ACT and the Northern Territory. New Zealand and Canada also have similar laws.
"This will give children greater protections in, for example, an emergency health situation where a parent might be required to sign consent forms," said Mr Hatzistergos.
"It also means female de facto parents will have a responsibility to protect and provide for their children, just like everyone else," said Mr Hatzistergos.
Children of lesbian couples will now have equal rights to children of heterosexual couples with regard to:
- Workers compensation and victim compensation payments where one or both parents are killed or injured.
- Inheritance of both of the parents' assets.
- Recognition of both parents by school authorities.
- Improving access to guardianship orders for elderly parents.
On top of the new parenting laws, the NSW Government has reformed almost 50 other laws that extend equal rights and obligations to de-facto couples.
As part of the reform process, the NSW Government has updated antidiscrimination laws to address possible discrimination based on a person's domestic status.
The new laws were recommended by the Law Reform Commission which consulted widely with stakeholders.
