Children of lesbian mothers in NSW will now be protected under the law with the commencement of the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (NSW) this week.

Passed in NSW Parliament in June, the legislation permits non-biological mothers of children conceived through assisted conception to have their names added to their children’s birth certificates, and recognises the partner for consent to medical treatment, signing permission notes and parental decisions.

“This is a historic moment, it’s been a long time coming for the government and community to recognise the reality of our families and provide children with the legal and symbolic recognition that they deserve,” Peter Johnson, Gay and Lesbian Rights Lobby co-convenor, told SX.

Children will also benefit from intestacy laws (if a parent dies without a will), and workers’ compensation laws (if the non-biological mother dies or gets injured at work).

The next step is to provide equal protection to children of same-sex families through adoption or surrogacy, Johnson said, adding that the lobby will make a submission to the NSW Government’s current inquiry into surrogacy laws.

Meanwhile, the Federal Government has announced that it will amend the Family Law Act to recognise the parental rights of same-sex partners of children conceived via assisted conception for family law and child support purposes. The amendments are expected to be discussed in parliament by next week.

Mothers who wish to change their children’s birth certificates may contact the NSW Births, Deaths and Marriages Registry on 1300 655 236.

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