Same Sex Relationship Issues

Since 2008 property disputes between same sex couples in a de facto relationship can be determined under the Family Law Act using the same principles as are applied for heterosexual de facto couples.

For parenting matters there is a presumption of parentage for the non-biological parent where the parties are in a de facto relationship or are married and the child is conceived through an artificial insemination procedure.

A non-biological parent may also make an application for parenting Orders under the Family Law Act as a person ‘concerned with the care, welfare or development of the child’.

This is a complex area with some recent developments about who may fit the definition of a parent,, and if you are considering having a child in a same sex relationship, or donating the biological material or acting as a surrogate, you should obtain legal advice as to the potential future consequences in terms of paternity and involvement in a child’s life.