Tuesday, March 10, 2009

Australian Gay & Lesbian Law Blog - "Who is a Parent under Section 60H" by Stephen Page

Stephen Page from the Australian Gay and Lesbian Law Blog has posted a summary and links to a recent Federal Magistrates Court case which has relevance to both Gay and Lesbian couples who have had children via artificial reproduction or are planning to go down that path.

"In the recent Federal Magistrates Court case of Keaton and Aldridge, the court had to consider who was a "parent" within the meaning of s.60H of the Family Law Act.

The issue was relevant because Ms Keaton and Ms Aldridge were in a lesbian relationship, and then split up. Ms Aldridge had had a child through artificial conception procedures. The issues before the court included as to whether Ms Keaton was, as she contended, a parent of the child, and whether Ms Aldridge and Ms Keaton were, as Ms Keaton contended, in a de facto relationship.

The issue of when they were in a de facto relationship was important- if the requirement was that they needed to be in a de facto relationship as the time of conception, then Ms Keaton may not be a parent as they may not have been not living together; but if it were at the time of birth, then she would be a parent because by that time they were living together".

[Link: Original Article]
[Link: Original Case]

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