New Rights for Lesbian Moms in Australia

This just in from Clare of When Do We Get the Toaster:

Non-biological lesbian moms in New South Wales, Australia, will now have equal parenting rights and responsibilities under the law. The move brings NSW in line with Western Australia, the Australian Capital Territory, and the Northern Territory, as well as New Zealand and Canada. According to a press release issued by Attorney General John Hatzistergos, the new laws will give children greater protections in medical emergencies and other situations where a parent might have to sign consent forms. Having two legal parents will also give children equal rights 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.

Clare also notes the legislation will allow the non-bio moms to go on their children’s birth certificates, and that it is retroactive, covering current non-bio moms. (It remains unclear whether couples will be advised to do adoptions anyway, like those in U.S. states with similar laws, for ease in traveling to jurisdictions (including much of the U.S.) that might not recognize the birth certificates.)

I haven’t been following this legislation closely, but I think it’s very smart that it is phrased so much in terms of the benefits to the children.

The laws will also will reform “almost 50 other laws that extend equal rights and obligations to de-facto couples,” but will not address “complex reforms on same sex adoption and surrogacy — which are being dealt with by ministerial councils on health, community services and attorneys general.” On consequence of these remaining problems is that gay dads may still face legal hurdles. Hatzistergos says “That raises complex issues, particularly in relation to issues of adoption and the extinguishing of the rights of the existing birth mother and also issues relating to surrogacy.” He says national discussion is needed to help resolve the issues here.