Jack & Jill or Jack & Bill

See McNair Ruth , ‘Outcomes for Children Born of ART in a Diverse Range of Families’, (Occasional Paper, Victorian Law Reform Commission 2004).

The Acts Amendment (Gay and Lesbian Law Reform) Act 2002 (WA) s 26.introduced s 6. into the Artificial Conception Act 1985 (WA). This section came into force on 21 September 2002.

The Law Reform (Gender, Sexuality And De Facto Relationships) Act 2003 (NT) s 41.inserted s 5.A(1) into the Status of Children Act 1978 (NT). This section commenced on 17 March 2004. The Parentage Act 2004 (ACT) repealed the Artificial Conception Act 1985 (ACT) and came into effect on 22 March 2004. See the Parentage Act 2004 (ACT) ss 8(1) and 11(4).

Schedule 2 of the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (NSW) introduces s 14.1A) into the Status of Children Act 1996 (NSW). It commenced on 19 September 2008. See also the recently proclaimed Assisted Reproductive Technology Act 2007 (NSW) which regulates access to reproductive technology and will commence operation on 1 January 2010.

Assisted Reproductive Treatment Act 2008 (Vic) s 10.

Assisted Reproductive Treatment Act 2008 (Vic). Section 147 amends Part III of the Status of Children Act 1974 (Vic) and introduced ss 13 and 14. These amendments will come into operation on 1 January 2010 unless they are proclaimed earlier.

HREOC , National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits ‘Same-Sex: Same Entitlements.’ Final Report (2007).

Family Law Act 1975 (Cth) ss 4AA, 60EA, 60H(1) and 60HA. See also s 60.B, which allows for the reciprocal recognition of surrogacy arrangements between the Commonwealth and states and territories.

Adoption Act 1994 (WA) s 39. Adoption Act 1993 (ACT) s18 and Adoption Act 1988 (Tas) s 20.(2A).

In addition to amendments to the Commonwealth and State and Territory legislation set out above see also Same-sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act (Cth) 2008 and Same-sex Relationships (Equal Treatment Commonwealth Laws —Superannuation) Act (Cth) 2008 which remove discrimination against same-sex couples from a raft of Commonwealth legislation in relation to superannuation, social security, taxation, veterans affairs and workers compensation.

See the Assisted Reproductive Technology Act 2007 (NSW) which is yet to be proclaimed.

McBain v The State of Victoria [2000] 99 FCR 116, 120. See also AB v Attorney- General for the State of Victoria (2005) VR 485 which confirmed this decision.

(1996) 66 SASR 486.

See also Family Law Act 1975 Cth) ss 60G, 60F(4)(a) and 60 H. In some overseas jurisdictions such as certain states in the US and provinces in Canada if a child is conceived during the same-sex relationship the non-biological parent may adopt the child without severing the legal relationship with the birth parent. This is referred to as second parent adoption.

Cretney Stephen , Masson Judith and Harris Rebecca Bailey , Principles of Family Law (7th ed, 2003) 791.

Adoption Act 2000 (NSW) ss 23, 26 and 28.

Adoption Act 2000 (NSW) ss 23, 26 and 27.

Victorian Law Reform Commission , ‘Assisted Reproductive Technology and Adoption: Final Report’ (2007) 104.

Adoption Act 2000 (NSW) ss 27 and 28.

See NSW Standing Committee on Law and Justice , Adoption by same-sex couples, Report No 39, (8 July 2009), Recommendations 1, 2 and 3.

McNair Ruth , ‘From GP to Political Activist for the New Family’ in Jones Heather Grace and Kirkman Maggie (eds), Sperm Wars: The Rights and Wrongs of Reproduction (2005) 227.

NSW Law Reform Commission , ‘Review of the Adoption of Children Act 1965 (NSW)’, Report 81 (1997) [6.120].

Tasmania Law Reform Institute , Adoption by Same Sex Couples, Final Report No 4 (2003) Recommendation 1. See also Recommendation 3(a) which recommended that both step-parent and relative adoptions should be available to the same-sex partner of a parent or a relative of a child.'

Tasmania Law Reform Institute , Adoption by Same Sex Couples, Final Report No 4 (2003) 5.

See Tasmania Law Reform Institute , Adoption by Same Sex Couples, Final Report No 4 (2003) 6.

See Victorian Law Reform Commission Assisted Reproductive Technology & Adoption: Should the Current Eligibility Criteria in Victoria be Changed?’ Consultation Paper (2003).

McNair , above n 1, 2.

Vandewater Elizabeth A and Lansford Jennifer E , ‘Influences of Family Structure and Parental Conflict on Children's Well-Being’ (1998) 47 Family Relations 323. See also the New Zealand Law Commission , New Issues in Legal Parenthood, Report 88, (2005) [2.10].

See VLRC , Assisted Reproductive Technology & Adoption, Position Paper One: Access (2005) [2.66].

VLRC , above n 18, Recommendation 67.

Ibid 106.

Polikoff Nancy , ‘Lesbian and Gay Parenting: The Last Thirty Years’ (2005) 66 Montana Law Review 51, 55.

See for example Civil Code of Quebec LQ 1991, c64 art 546 and 578.1, Adoption Act SNL 1999, c A–2.1, s 20.1) and Adoption Act SS 1998 c A–5.2, ss 16(2) and 23(1).

See for example Re K (1995) 15 RFL (4th) 129 and Re M (C.S.) 2001 NSSF 24.

Compare, e.g. In re K.M. & D.M., 653 N.E.2d 888 (Ill. App. 1995), and In re Infant Girl W., 845 N.E.2d 229 (Ind. App. 2006), and In re K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004), and In re M.M.G.C. 785 N.E.2d 267 (Ind. Ct. App. 2003), and In re Sharon S., 31 Cal. 4th 417, 73 P.3d 554 (Cal. 2003), and In re R.B.F. & R.C.F., 803 A.2d 1195 (Pa. 2002), and In re H.N.R., 666 A.2d 535 (N.J. Super. Ct. App. Div. 1995), and In re M.M.D. & B.H.M., 662 A.2d 837 (D.C. 1995), and In re Jacob, 660 N.E.2d 397 (N.Y. 1995), and In re Tammy, 619 N.E.2d 315 (Mass. 1993), and In re Adoptions of B.L.V.B. & E.L.V.B., 628 A.2d 1271 (Vt. 1993) (all permitting same-sex couple adoption under traditional adoption statutes), with In re Luke, 640 N.W. 2d 374 (Neb. 2002), and In re Adoption of Baby Z., 724 A.2d 1035 (Conn. 1999), and Matter of Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996), and In re Angel Lace M., 516 N.W.2d 678 (Wisc.1994) (all rejecting same-sex partner adoption under traditional adoption statutes).

See Seymour John and Magri Sonia , ‘ART Surrogacy and Legal Parentage: A Comparative Legislative Review’, (Occasional Paper, Victorian Law Reform Commission 2004) 56.

Recently, over half a dozen states have extended marital rights, including same-sex parent adoption, to same-sex couples. Cal. Fam. Code § 297.5 (West 2005); Conn. Gen. Stat.§§46b-38bb (West Supp. 2007); N.H. Rev. Stat. Ann. ch. 457-A (Supp. 2007); N.J. Stat. Ann. 9:3–37 (West Supp. 2007); Oregon Family Fairness Act, Oregon Laws 2007, ch. 99; Vt. Stat. Ann. tit. 15, § 1204 (2002): See generally Appell Annette R , ‘The Endurance of Biological Connection: Heteronormativity, Same-Sex Parenting and the Lessons of Adoption’ (2008) 22 BYU Journal of Public Law 289, footnote 190.

Appell , above n 37, 317 (citations omitted).

Adoption of Children Act 2002 (UK) c 38, s 49.1)(a) and s 144.

See Wintemute Robert , ‘Same-Sex Marriage: When Will It Reach Utah’ (2006) 20 BYU Journal of Public Law 527, Appendix A.

Du Toit v Minister of Welfare & Population Development and Others 2003 (2) SA 198 (CC).