LGBT Rights in Australia

LGBT Rights In Australia

The recognition and rights of lesbian, gay, bisexual, transgender (LGBT) individuals and couples in Australia have gradually been increasing within the states and territories since the 1970s. Laws regarding sexual activity apply equally to homosexual and heterosexual activity in all Australian states and territories, except Queensland, where there is an unequal age of consent for anal sex. Every state and territory legally recognises both opposite-sex and same-sex relationships as de facto couples and also legally recognises lesbian co-mothers as birth parents of children conceived through in vitro fertilisation or artificial insemination. In the Australian Capital Territory, New South Wales, Queensland, Tasmania and Victoria there are domestic partnership registries, while the other states and territories recognise de facto same-sex couples. Same-sex couples are allowed to jointly adopt children in the Australian Capital Territory, New South Wales and Western Australia, and may adopt their partner's stepchild in Tasmania. In all other states except South Australia, LGBT people are allowed to adopt individually.

At the federal or Commonwealth level, marriage has been explicitly defined as a union between a man and a woman since 2004, when the Marriage Amendment Act was passed. However, since 1 July 2009, same-sex couples receive the same level of recognition as de facto opposite-sex couples in federal legislation including tax, health, superannuation, and aged care.