ALL KIDS ARE EQUAL

The Rainbow Families Equality team recently made a submission to the review of the NSW Surrogacy Act 2010 and Status of Children Act 1996. These laws have not kept up with the lived reality of a diverse range of families, especially within our community.

We build our families and arrange our parenting in ways that go beyond the traditional two-parent model.  

A rainbow family may include:

• Lesbian couples who have children with the help of a sperm donor whose identity is unknown or with a known donor (and possibly also their partner) who may have any level of involvement in the child’s life.
• Gay couples who have children together with the help of a surrogate and sometimes an egg donor each of whom may have a role in the child’s life.
• Individuals who are not in a couple relationship and have children together as part of a co-parenting arrangement where the child may live across households.

Not all these families enjoy the certainty and security of legal recognition. In NSW, the current ban on overseas commercial surrogacy prevents legal parentage being transferred from the surrogate (and their partner) to the parents who care for the child. Co-parenting arrangements between more than two parents can’t be recognised on birth certificates.

Lack of legal recognition is a major barrier to families accessing vital services and entitlements. It creates uncertainty and increases the potential for disputes if relationships between the adults break down.  

Our submission builds on ongoing efforts of Rainbow Families to ensure the family diversity is recognised in the laws, policies and processes that impact on our lives. This work includes contributions to the Equality Bill currently before NSW parliament and our  Love Makes A Family report.   

Key recommendations in our submission include:

• Enabling the court to transfer legal parentage from the surrogate mother (and their partner) to the intending parents for children born through overseas commercial surrogacy if it is in the best interests of the child and other safeguards are met.
• The development of a robust surrogacy regulation scheme that would protect and empower surrogate mothers and support the child’s relationships and identity.
• Recognising co-parenting agreements through an administrative scheme to register up to four parents on a child’s birth certificate and the option of symbolic recognition of significant people such as surrogates and donors.
• Ensuring any reforms are reflected in services that are delivered in an inclusive way.
• Legislative amendments that ensure language around parentage is inclusive of all genders

Children shouldn’t be disadvantaged by the way that their family was formed or the relationships between the adults raising them. Reforms that accurately reflect the diversity of families and recognise all families as equally valid would provide certainty and security for families and send a strong message of inclusion to the community.

Written by Justine Field.