Lesbian same-sex couple fights against a gay man over child custody.
A two-year-old girl is now the centre of attention in a family court proceeding over a case of child custody between her legal parent and a sperm donor. According to the report, the legal parent of the child who is lesbian same-sex couple is now fighting against the gay man sperm donor over the custody proceedings filed by the latter.
The Judge of the Federal Circuit Court of Australia had earlier stated that the legal parents of the child are the lesbian couple considering that the child was born while they are in a defacto relationship. However, the judge declared that the gay man sperm donor has the right to be involved in the life of the child. The legal parents are bound to use the name of the sperm donor in school records and other important documents. He is also allowed by the court to attend events and functions at school which is normally practised by the family of a child.
It was found out that there gay man, who was previously in a relationship with another gay man, began to talk with the lesbian couple with regards to having a child. The mother, who is also one of the lesbian couples, became pregnant after the first attempt at the artificial insemination.
Same-sex couples in Australia are treated as a de facto relationship between the states and territories. Under this relationship, the couples are recognized by law with equal status, including the rights and privileges, with that of a married couple. In other words, the law protects and recognizes the rights of same-sex couples over their property rights, relationship and other benefits of a married couple.
However, in order for the same-sex couple to prove that their relationship should be recognized as a de facto relationship the following should be taken into consideration:
- Length of the relationship of the couple;
- The existence of their sexual relationship;
- Their common residence arrangement;
- The financial arrangement of the couple;
- Commitment to living together and sharing their life with one another;
- Reputation in public with regards to their relationship;
- Compliance with the care and support of their child, if applicable.
Same-sex couples are also allowed to be recognized as the parents of the child. In the Miscellaneous Acts Amendments (Same-Sex Relationship) Bill 2008, New South Wales treats same-sex couples equally with married couples with regards to being recognized as the legal parent of a child. Tasmania also extends this recognition and allows a couple in the same-sex relationship to adopt the child of the other partner.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.