Same Sex Couples
Navigating same-sex parenting
Expert guidance and support for same-sex parenting arrangements
Parenting
If a child of a lesbian couple is conceived by a consensual artificial insemination procedure and the couple were living together at the time of the procedure, then both the biological and non-biological partner are deemed to be the child’s parents. In turn, it is possible for both mothers to be listed as the child’s parents on the child’s birth certificate.
When a same-sex relationship breaks down, resolving parenting arrangements can be fraught with difficulties. Often the biological parent claims to have a “greater entitlement” to the child and in many cases, seeks to exclude the other parent entirely. Things become even more complicated if the sperm donor is known to the lesbian couple and further, if it is intended between all parties, for that person to take an active role in the child’s life.
Applications to the Federal Circuit and Family Courts are not exclusive to “parents”. Other people who are concerned with the care and welfare of a child also have standing to bring an Application for relief in relation to parenting arrangements for a child. This includes a non-biological parent who maybe wasn’t around when the artificial insemination process took place but who has been involved in the child’s life and also donor dads with whom the child has formed a relationship.
In making any decision, the Court has regard to the best interests of the Child and obviously the child’s relationship with those significant people in their lives will be a driving factor for any determination.
This area of the law can be very complex to navigate. Reid Family Lawyers has a special interest and expertise in same-sex parenting cases and would welcome the opportunity to discuss your particular circumstances with you.
