Adoption, Surrogacy and Parenting Rights
Same-sex couples cannot be assessed to be adoptive parents of children relinquished by other people (the full joint adoption process) the only law that discriminates against same sex couples in Tasmania. However, they may adopt their partner's child or children they already care for in some circumstances.
Under the Status of Children Act 1974 (section 10C) same-sex partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology will be presumed to be the child's other parent or co-mother in the same way as male partners of heterosexual women since 1.1.2004 (when the Relationships Act 2003 commenced). Lesbian co-mothers who went under IVF can have both female names on the birth cirtificate so they can access the same rights and duties for their children (such as medical or hospital forms, education processes, access to entitlements, etc.). The legislation on parentage from IVF is retrospective (meaning the laws apply for co-mothers even before the law went into effect) as currently in the rest of Australia at a state, territory and federal level.
Also under the Adoption Act 1988 (section 29) for a birth-mother's same-sex partner to adopt any children she has through fertility treatment under the stepchild adoption provision.
In 2012, Tasmania passed two pieces of legislation to legally allow altruistic surrogacy. The two laws are called the Surrogacy Act No 34 and the Surrogacy (Consequential Amendments) Act No 31 Proposed altruistic surrogacy legislation was drafted and passed by both houses of the Tasmanian parliament - only after a review of the Surrogacy Contracts Act 1993 No 4 and after an ongoing community consultation process. Under the altruistic surrogacy legislation, the surrogate must be at least 25 years old and it cannot be her first pregnancy. The new altruistic surrogacy laws are due to come into effect on January 1, 2013.
Read more about this topic: Domestic Partnership In Tasmania
Famous quotes containing the words parenting and/or rights:
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—Ron Taffel (20th century)
“We hold these truths to be sacred and undeniable; that all men are created equal and independent, that from that equal creation they derive rights inherent and inalienable, among which are the preservation of life, and liberty, and the pursuit of happiness.”
—Thomas Jefferson (1743–1826)