New rights for lesbian parents in New South Wales

Illustrated rainbow pride flag on a white background.

The government of New South Wales (NSW) has announced that children born through in-vitro fertilisation (IVF) to lesbian mothers will have the same rights as those of heterosexual couples.

A total of 50 laws across NSW covering the Local Government Act, Industrial Relations Act and the Constitution regulation, will be amended to include new parental presumption protection for female same-sex couples.

Attorney-General John Hatzistergos said he had accepted NSW Law Reform recommendations extending “parental presumption” provisions to cover gay mums.

It was estimated 20 per cent of the state’s female same-sex couples had children, Mr Hatzistergos said.

“The current law discriminates against these children who, at the moment, have a relationship with the birth mother’s partner that is not recognised by law,” he told reporters on Tuesday.

“They are unable to take on inheritance, or the benefits of compensation which may be due following a death or injury.”

School administration staff will also be forced to recognise both partners in a gay couple as “parents”.

Mr Hatzistergos has consistently opposed any further same-sex relationship recognition in NSW.

Mr Hatzistergos later said that said the changes would not go as far as moves in Tasmania, and soon-to-be implemented changes in Victoria, where same-sex couples could add their name to a register.
“We want to see how this pans out nationally,” he told reporter.

The changes in the law will be put through by the NSW parliament later this year.