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LGBTQIA+ Families

Parenting

In Australia there have been many changes to the laws regarding Same Sex Marriage and families.

In 2017 the Marriage Act was amended so that same sex families were now legally recognised.

This is particularly important for the consideration of children.

If you are married at the time of conception through IVF or other Assisted Reproductive Technology (ART) then you are deemed a ‘parent’ provided that you have given consent to the procedure.

If you are not married at the time of the procedure, then there are thresholds similar to the de facto relationship tests that must be met before being considered as a legal parent as well as your written consent to the procedure that was performed.

There are many technical and legal processes you need to consider when using Reproductive Technologies and we can help you navigate through them.

De Facto

Pursuant to changes in the Family Law Act in 2008, the Court can make decisions about property for a same sex couple and consider the interests of each parties’ property if you are or have been living together on a genuine domestic basis.

This means that your rights are protected regardless of marital status as long as you have been considered de facto. To be deemed de facto there are numerous factors the Court may consider. These include:

  • The duration of the relationship
  • If a sexual relationship exists
  • Financial interdependence
  • The public aspects of your relationship
  • Caretaking duties of children
  • A mutual residence
  • Property acquisition and how those assets are utilised
  • A mutual commitment to a shared life

This is important to get help as you receive the support that you deserve in order to move forward. When you work hard to create a life and family, you need to know your obligations and your entitlements.

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