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
* gay parents law australia *
The followg text selects a reprentative sample of the var fns scribg a parent-child relatnship feral fancial and work-related laws and seeks to terme whether, or when, lbian and gay parents may qualify for the relevant entlements. However, the legislatn self do not explicly regnise parentg orrs and there do not appear to be specific se law to support the view that a gay -father or lbian -mother wh a parentg orr will necsarily qualify unr the relevant legislative fns. Parentg orrs provi official evince of the legal relatnship between the lbian -mother, gay -father and child so that the -mother n prove her right to exercise parental thory and nsent (for example, cisns about schoolg, medil treatment etc).
See also J Millbank, ‘Regnn of Lbian and Gay Fai Atralian Law – Part Two: Children’, Feral Law Review, vol 34, no 2, 2006, p206, referencg M Pts et al, ‘Private Liv: A Report on the Health and Wellbeg of GLBTI Atralians’ (2006); Victorian Law Reform Commissn, Assisted Reproductive Technology and Adoptn Posn Paper Two: Parentage, (July 2005), para 3.
[18] A recent study suggted that among 43 lbians tryg to nceive, only two percent ed terurse: see J Millbank, ‘Regnn of Lbian and Gay Fai Atralian Law – Part Two: Children’, Feral Law Review, vol 34, no 2, 2006, p207, referencg McNair et al, ‘Lbian Parentg: Issu, Strengths and Challeng’ Fay Matters, vol 63, 2002, p40.
GAY DADS ELIGIBLE FOR PAID PARENTAL LEAVE
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 parents law australia *
[24] J Millbank, ‘Regnn of Lbian and Gay Fai Atralian Law – Part Two: Children, Feral Law Review, vol 34, no 2, 2006, p248: In footnote 245, Millbank not that ‘the Northern Terrory troduced a change to refe the child born to one party a facto relatnship as a ‘step-child’ as a prumptive stat the same way that the child of a party to a legal marriage would be: see Interpretatn Act 1978 (NT), s 19A(4). 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.
[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. Stereotyp of gay male sexualy would have that gay men are unvolved and unterted parentg or children (see Barret & Robson, 2000; Bozett, 1987; Mallon, 2004), or that their sexual nduct is patible wh formg or raisg fai wh children (Barret & Robson, 2000; Stacey, 2004).