It’s wonderful to see that children are loved and raised in traditional nuclear families as well, as same sex families, lesbian and gay relationships.
Since 2008, the law has changed to remove the discrimination against same-sex couples and lesbian parents.
The legislation introduced the idea of the ‘other intended parent’– section 60 H of the Family Law Act provides that in order to be recognised as the “other intended parent” – the following must be proven on the balance of probabilities:
A recent case known a Love and Lundy (2015) highlights and explores the issues of two mums and lesbian parents being recognised under the law.
The facts of Love and Lundy, were as follows:
In these proceedings Ms Love, sought to be recognised as the legal parent of the child. Ms Love was able to prove that she and Ms Lundy were:
Her Honour in this case found that Ms Love was the parent of the child. However due to the high level of acrimony between the 2 women and because Ms Lundy had done everything she could to erase the relationship between Ms Love and the child, it was determined that no orders be made in relation to Ms love spending time with the child – no doubt a devastating outcome for the other intended parent, Ms Love.
Parenting matters in relation to same sex relationships (lesbian or gay relationships) can be complex and fraught with uncertainty, confusion and stress- if you believe that you are a parent of a child conceived via artificial procedure, we are able to provide you with legal advice and support.
Contact us on 8999 1800 or email@example.com
The information provided is not legal advice. It is intended as general legal information only.
Pamela Cominos is the Principal of Cominos Family Lawyers. She is passionate about protecting the rights of children.
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