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Lesbian couples who conceive through IVF will have the same parenting rights as heterosexual couples, under new legislation announced by the NSW government this week.
The NSW Attorney-General John Hatzistergos said laws will be introduced to remove discrimination against same-sex couples and their children.
Among the changes are: the recognition of co-mothers as legal parents of children born through donor insemination; birth certificates allowing both mothers to be recognised; amendments to 50 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated the same as married couples; and amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their relationship status in employment, accommodation and access to other goods and services.
The changes only affect those born through IVF, by granting parenting rights and obligations to the non-biological mother. Adoption and surrogacy parenting reforms will not be included in this round of reform, meaning that families with step-parents and those created through surrogacy will not be covered by the changes. A lesbian or gay couple will still not be able to adopt as a couple, but may adopt as individuals.
The Gay & Lesbian Rights Lobby of NSW welcomed the changes, but said the reforms needed to go further. “These reforms are a leap forward for equality in NSW, but are one bar short of the finish line,” said Co-Convenor Peter Johnson. “Equality for gay and lesbian people must include adoption reform to ensure same-sex couples are eligible to be considered as adoptive parents.”
Johnson said that in addition to these changes, the NSW government should take a more proactive approach to formally recognising same-sex relationships, such as relationship registers similar to those in effect in Tasmania and Victoria.
Hatzistergos told AAP he wanted to see how the changes panned out nationally. “Our preference is that these issues be resolved at a national level so there is consistency and uniformity across the jurisdictions,” he said.
The legislation changes will be introduced to the NSW parliament later this year.
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