Proud Parenting

LGBTQ Parents - Lesbian Moms & Gay Dads

Lesbian mom stopped from moving daughter away from ex-partner

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An Australian court has stopped a mother from moving her child away from her ex-partner, ruling her ex has the same rights as a biological parent. The 41 y.o. mom asked her Family Court to grant her sole parental rights for the 4 y.o. girl, conceived via sperm donor, noting that her ex is not listed as a parent on the child’s birth certificate.

But the Court disagreed ruling that the women had equal shared responsibility for the child. In deciding whether to let the mother relocate the child from Queensland to NSW, the court took into account the girl’s relationship as a sister to the second woman’s 8 y.o. daughter.

It was decided the move would not be in the girl’s best interests until she was old enough to understand and maintain a long-distance relationship with her non-biological mother and sister.

[via heraldsun.com.au]

Friday Legal Update – Australia Remains in a State of Flux Regarding Surrogacy

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Surrogacy – As we await the signing of the legislation in NSW by the governor, who is likely to sign it, we now have a story regarding Queensland.

A Queensland law similar to the surrogacy law that passed through the New South Wales parliament last week has been tested in the Australian courts. Altruistic surrogacy was decriminalized in Queensland in February, and “[u]nder the reforms, which extend to same-sex couples, legal parentage of a child born in surrogacy agreements can be transferred from the birth mother to the parent or parents who commissioned the birth.”

A judgment was handed down by Brisbane Children’s Court Judge Marshall Irwin in September but was just made public and “officially transferred the parentage of a four-month-old boy to a gay couple from Brisbane.” Even though there was no written agreement between the parties until the child was born Judge Irwin decided to use his discretion and transferred the parental rights to the gay couple because he felt it was in the best interests of the child.

Australians need to be certain to seek counsel before moving forward with surrogacy, whether at home or abroad.

http://news.smh.com.au/breaking-news-national/surrogacy-laws-tested-in-court-20101118-17yn3.html

Australian gay couple first in Queensland to receive surrogacy services from Indian women

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Unpaid altruistic surrogacy was decriminalised in Queensland in February – allowing gay people to be the legal parents of a surrogate child and the right to be listed as parent on the child’s birth certificate. An Australian gay couple are reportedly paying two Indian women $300 a day for carrying their babies. They are believed to be the first gay dads in Queensland to pay Indian women to carry their children, with the total bill costing up to $80,000 – equivalent to more than 10 years’ wages for each of the women.

Prior to this, Queensland was the only state where altruistic surrogacy was a criminal offence, which led to a three years’ jail term or $10,000 fine. India and the US are the two most popular destinations for commercial surrogacy, where contracts for pregnancy are legal.

Australian bill to ban same-sex couples from accessing surrogacy

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Opposition deputy leader Lawrence Springborg [pictured] has attempted to derail the Government’s stance on surrogacy, as it relates to gay couples. He’s introduced a bill to ban same-sex couples and single mothers from accessing surrogacy.

Under the laws he introduced, only married and defacto heterosexual couples – who have been together for at least two years – would legally be able to have a child via surrogate.

But Attorney-General Cameron Dick said the bill was a “disgraceful step backwards for Queensland”.

“The Opposition’s Bill will return Queensland to the Joh-era of arch-conservatism and rank discrimination, by demonizing single mothers and same-sex couples,” he said.

“The Government’s draft legislation, which is currently open for public consultation, demonstrates the Bligh Government’s commitment to social reform, equality and the importance of family.”

Australian woman carrying child for gay brother

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The Courier-Mail reports on one Queensland man’s challenge to build a family. His sister is having a baby for him via surrogacy, and she was inseminated with anonymous donor sperm. The child will not have interaction with the biological father.

According to the news source:

Stephen Page, a partner at Brisbane’s Harrington Family Lawyers and an expert on gay and lesbian law issues, said all surrogacy arrangements in Queensland were illegal.

Mr. Page said the only way for the pregnancy to be legal would be if the child would be treated as her own.

In a post on an internet forum in April, the “gay dad-to-be” admitted that his case was unorthodox: “I guess the other thing that makes my situation a little unique is that I intend to be a sole parent. I am single, and am looking forward to being a single dad.”

“(In Queensland) you’ve got to be married for two years to adopt,” Mr. Page said. “It actively discriminates against gays and lesbians.”

He said an unmarried person could seek a Supreme Court order, but the costs of a trial would be overwhelming.