Recognition of Lesbian and Gay Families in Australian Law — Part Two: Children

Jenni Millbank

15 citations0/0 files storedFederal Law Review

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Family and Matrimonial Law LGBTQ Health, Identity, and Policy Feminism, Gender, and Sexuality Studies

Abstract

This article discusses the legal regulation of parenting in lesbian and gay families in Australia. This landscape of regulation includes laws that govern such families both before and after they are formed; that is, laws controlling access to potential family formation options in addition to laws that govern the status of parents and children in families that are formed through alternate means. There have been a number of important developments in these areas in recent years, including: challenges to laws that restrict access to fertility services; reforms to adoption laws in three jurisdictions; and deemed parental status for co-mothers in lesbian families formed through assisted reproduction in three jurisdictions. This article will detail how the new parental status reforms interrelate, including difficult questions regarding the recognition of this new parental status in other States and their interaction with federal law.

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References

2004Psychosocial Adjustment, School Outcomes, and Romantic Relationships of Adolescents With Same-Sex Parents 2005Lesbian Mothers, Gay Fathers, and Their Children 2006Seeking Sperm: Accounts of Lesbian Couples’ Reproductive Decision-Making and Understandings of the Needs of the Child 2004Others May Follow: The Introduction of Marriage, Quasi-Marriage and Semi-Marriage for Same-Sex Couples in European Countries 2006Recognition of Lesbian and Gay Families in Australian Law — Part One: Couples 2004Nuclear Norms or Fluid Families: Incorporating Lesbian and Gay Parents and Their Children into Canadian Family Law

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2012IN THE BEST INTERESTS OF THE (SILENCED) CHILD 2013Reconceptualising Family: Negotiating Sexuality in a Governmental Climate of Neoliberalism 2008Unlikely Fissures and Uneasy Resonances: Lesbian Co-mothers, Surrogate Parenthood and Fathers’ Rights 2010Lesbian and Gay Parents and Reproductive Technologies: The 2008 Australian and UK Reforms 2011Marriage as the 'Last Frontier'? Same-Sex Relationship Recognition in Australia

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