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Reforms clarifying the legal responsibilities of
sperm donors in Queensland are a missed opportunity to clarify the legal
position of non-biological same-sex parents, activists say.
Announcing the reforms last month, Attorney-General Kerry Shine said that under
current laws the husband or de facto partner of a woman who conceives using IVF
treatment automatically assumes legal responsibility for the child.
“However, responsibility reverts to a biological father whose sperm is used to
impregnate a single woman or woman in a same sex relationship, even without his
knowledge,” Shine said.
“This means an IVF father can be pursued for child support payments even though
he never even knew the child’s mother.
“This is a legal loophole that has potential for abuse."
He said the changes would protect men who are helping others in the community
through the donation of their sperm from being unfairly targeted by a child's
mother.
However, for the gay community, the
only benefit of the reforms will be to gay men who happen to be donors, said
Action Reform Change spokesperson Rodney Goodbun.
“[The
reform ] offers nothing for same-sex parents in terms of providing greater
clarity of their legal responsibilities, or the children of same-sex parents.
“Despite
the recommendations of the Human Rights and Equal Opportunity Commission last
year, there hasn’t been a national effort to address the legal anomalies for
varying types of same-sex parenting arrangements.
“It is an opportunity missed,” he said.
“ARCQ is arguing it is absolutely critical that
these arrangements on legal same-sex parenting be addressed in the best
interests of the children, whose well-being could suffer if co-parents don’t
have the same legal authority to act on their behalf as heterosexual parents.”
Goodbun said it was important that politicians and
senior public servants understood the difficulties faced by same-sex couples.
“We’re now calling for people from the community who
have experienced disadvantage in health, education, childcare or even sport and
recreation, of not being able to act with the legal authority of a parent, to
contact us so we can document experiences of legal discrimination”.
He said ARCQ could be contacted care of QAHC on
(07) 3017 1777.
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