Legal

The legal issues that same-sex and transgender parents may face will vary depending on the structure of your family, your specific needs, and which state you live in. We’ve put links to some very useful articles here which discuss some legal issues around not being recognized as couples and as family, finding ways to seek recognition and protect ourselves, and some self-insemination and IVF access issues. Whilst these articles provide some useful information, there are many grey areas between the various laws. As such, we recommend you seek professional legal advice for your specific circumstances if necessary.

http://www.glrl.org.au/issues/family.html
The Gay and Lesbian Rights Lobby of NSW have provided a discussion of some legal issues affecting same-sex couples who have children. This information is about NSW specifically, however it is interesting to read and has much relevance to comparable SA law.

http://www.planetout.com/families/article.html?sernum=388
This article “Protecting our families” provides a discussion of some of the legal issues same-sex parents may face – such as not being recognised as a couple or family legally, the need for legal documents such as wills and power of attorney, and the necessity to maintain our commitments to one another and our children whether or not these commitments are legally recognised. Despite being US based, this article has much relevance to Australian residents.

http://www.glrl.org.au/pdf/major_reports/talking_turkey.pdf
A very detailed legal guide to self-insemination in Australia. It discusses state legislation that is relevant to NSW only, however also discusses the Commonwealth legislation that may be involved. It will answer many questions people may have about co-parenting arrangements and the legal issues around using donor sperm.

http://www.dh.sa.gov.au/reproductive-technology/documents/eligibility-fact-sheet.pdf
A very useful article about Reproductive Technology Legislation and Regulation in South Australia, and will fill in many of the gaps from other articles/links in relation to legislation specific to SA.

http://www.rwh.org.au/wellwomens/whic.cfm?doc_id=2564
This link provides information about the current position of naming on birth certificates for Lesbian parents in Victoria. It includes some interesting and useful ideas about what is possible. If you want specific information about the regulations around birth certificates in South Australia contact Births, Deaths and Marriages -

http://www.ocba.sa.gov.au/bdm/
This is largely uncharted water and so there really isn’t much information out there to go by, so it’s worth making your own enquiries and seeking legal advice into what’s possible for your situation.