Lesbian couple will both be listed as child’s parents

by Peter Magee on October 2, 2014

Peter Magee

In May 2014, ninemsn reported that: “A Queensland man who donated sperm to a lesbian couple will have his name removed from their children’s birth certificates in a first for the state.”

The article called, “Gay couple will both be listed as child’s parents” reports that the biological mother’s de facto partner, not the biological father, will be recorded as the child’s parent, now that Queensland state laws have recently changed.

Under the old laws, despite 20 years of being a couple, the de facto partner of the biological mother was not recognised as their parent. Originally the sperm donor father was listed as the father on the birth certificate.

However, Ninemsn report that: “The man has since applied to the Federal Circuit Court to try to have contact with the children and didn’t consent to being removed from their birth certificates.” The father’s version of events is that he always wanted to have a relationship with the child.

However the lesbian couple tell a different story saying the father said to them, “I’m happy to put my DNA into the world but I do not really want to be a parent”.

The Supreme Court Justice ruled in favour of the couple, and found that under the new law, including even retrospectively they were a de facto couple who could be recognised as parents.

The biological father’s request that he spend time with the children has yet to be resolved.

Even though the biological father is no longer a parent of the child on the birth certificate, he could still seek to have time with the child, as could other people who are not parents of a child, such as grandparents.

At Armstrong Legal we have experience with same sex matters. In relation to issues such as who the child should live with and how much time children should spend with each parent, the same principles are applied as for heterosexual couples, that is the focus is on what is in the child’s best interests.

If you do have any questions about separation or resolving parenting matters after separation, please do not hesitate to contact us at Armstrong Legal on (02) 9261 4555 to book an initial obligation free appointment.

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