NSW set to introduce parenting rights for lesbians
For the first time in NSW history, the non-biological lesbian parent will receive the same rights as heterosexual parents. This means that the non-bio mum of children born to a lesbian couple will receive guardianship and medical consent rights, which up to now has been denied to them unless they receive a parenting order via the Family Courts.
Unfortunately, this landmark legislation only applies to kids born via IVF. There is no word as to whether it also applies to those conceived using the “turkey baster” method. It does not apply to kids who are adopted because it would apparently extinguish the rights of the birth parent, which I thought happened when the kid was adopted in the first place. NSW does not at this time let lesbian or gay couples adopt children either nationally or internationally and this does not look set to change. This news article by The Daily Telegraph goes into more detail about this new legislation.
The government is pushing through this change focusing on the benefits to the child rather than the benefits to the lesbian parent. This is a smart move on their part as homophobic politicians are going to look really poor in the eyes of the public if they vote against legislation that will benefit children rather than champions of the cause when they vote against legislation benefiting lesbians.
Unfortunately, this legislation does not offer the same rights to the non-biological father of children of gay couples, which is a real shame. NSW wants the Federal Government to deal with the messy legal ramifications of the surrogate mother giving up her parental rights. Still, it is fantastic to see that the NSW government has finally joined the rest of us in the 21st Century in terms of the rights of both lesbian parents and the legal standing of their children. I hope that this is the first of many steps towards giving gay and lesbian families the same rights as those afforded to heterosexual families, regardless of how they are formed.
If you have liked what you have read, you may want to subscribe to my RSS feed. Thanks for visiting!
