Protectg the bt terts of a child is one of the most important prcipl of ternatnal law and the Conventn on the Rights of the Child (CRC) particular. This chapter foc on whether feral law currently protects the bt terts of a child beg raised by lbian or gay parents.
Contents:
- GAY
- ‘THIS IS SO WONRFUL': GAY MARRIAGE BE LEGAL ATRALIA
- ATRALIAN GAY UPL MARRY MIDNIGHT CEREMONI AFTER LEGALIZATN
GAY
People who are gay, lbian or bisexual are protected om discrimatn by law. The Sex Discrimatn Act mak unlawful to treat a person ls favourably than another person a siar suatn bee of their sexual orientatn. There are some limed exemptns. Example: It may be discrimatn for an employer not to promote an employee to a more senr role bee he is gay. Same-sex upl are also protected om discrimatn unr the fn of ‘maral or relatnship stat’ the Act. * gay couple australian law *
Further, discrimatn regardg the re of children after relatnship breakdown aris bee the lbian -mother and gay -father of a child is not nsired a ‘parent’ for the purpos of termg parental rponsibily or child support liabily.
Chapter 5 on Regnisg Children not that when children are born to a lbian or gay uple their parents may clu a birth mother, lbian -mother, birth father or gay -father. The narrow fn of ‘parent’ the Child Support (Asssment) Act means that a birth mother or birth father nnot pursue child support om the lbian -mother or gay -father of a child – even if the -parent had a parentg orr to look after the child.
‘THIS IS SO WONRFUL': GAY MARRIAGE BE LEGAL ATRALIA
* gay couple australian law *
Further, the male partner of a birth father (a gay -father), and any other person who tak on a parentg role (social parent), will also be exclud om the fn of ‘parent’. This giv spe for any of the birth mother, birth father, lbian -mother, gay -father(s) or social parent(s) wh a parentg orr to be an ‘eligible rer’.
ATRALIAN GAY UPL MARRY MIDNIGHT CEREMONI AFTER LEGALIZATN
Gay marriage Atralia beme a law Friday as the prime mister gaed a fal signature on a bill hours after was overwhelmg endorsed by Parliament,... * gay couple australian law *
Therefore, if a same-sex uple separat and the child ends up wh the lbian -mother or gay -father wh a parentg orr (‘eligible rer’), that eligible rer n pursue child support om the birth mother or birth father (‘parent’).
But if the child ends up wh a birth mother or birth father (‘parent’), that parent nnot pursue the lbian -mother or gay -father for child support.
The relatnship between a child and any other person, cludg a lbian -mother and gay -father, will be an ‘addnal’ nsiratn for the Fay Court, but not a primary nsiratn. Therefore, the lbian -mother and gay -father will be at a disadvantage when tryg to ga ctody of a child after separatn – even if he or she has a parentg orr favour of the child, and has otherwise red for the child sce birth. ‘parent’ (s 4 – no need to amend if s 60H is amend and a gay -father or lbian -mother may be regnised through reformed adoptn laws).
On 9 December 2017, Atralia beme the 26th natn to regnize same-sex marriage. But what do mean for the gay, lbian and transgenr muny? * gay couple australian law *
‘eligible rer’ (s 7B – no need to amend if ‘parent’ regnis a gay -father or lbian -mother through reformed parentg prumptns or adoptn laws). ‘parent’ (s 5 – no need to amend if sectn 60H of the Fay Law Act is amend and a gay -father or lbian -mother may be regnised through reformed adoptn laws). A same-sex partner is thereby explicly exclud om accsg this benef on separatn: J Millbank, ‘Regnn of Lbian and Gay Fai Atralian Law – Part One: Coupl’, Feral Law Review, vol 34, no 1, 2006, pp39-40.
[13] See also Associate Profsor Jenni Millbank, Submissn 27a; Atralian Lawyers for Human Rights, Submissn 286; Dr Samantha Hardy, Dr Sarah Middleton and Dr Lisa Butler, Submissn 125; Gay and Lbian Rights Lobby (NSW), Submissn 333; Human Rights Law Rource Centre, Submissn 160; Kgsford Legal Centre, Submissn 309; Law Instute of Victoria, Submissn 331. Provg terpenncy for immigratn is the same procs for both straight and gay upl but the nature of the evince and the terviews is very different.