Parenting rights

If you're in a same-sex or mixed-sex relationship, Tasmania's relationship laws offer you the opportunity to ensure that your family has the legal protection and recognition it needs

Adoption

Under the Tasmanian Relationships Act registered mixed-sex couples may be assessed to be adoptive parents for the children relinquished by other people.

These children include those born locally and those available for adoption from overseas.

Partners in registered mixed-sex relationships may also adopt their
partner's child, or other children they already care for, in appropriate circumstances.

Same-sex couples cannot be assessed to be adoptive parents of children
relinquished by other people.

However, people in registered same-sex relationships may adopt their partner's child or children they already care for.

But remember, different and same-sex couples must be registered before they can adopt.

Presumptive or deemed parenthood

If the biological parent of a new-born child is in a registered mixed-sex relationship, their partner may be presumed to be the child's other parent.

This is sometimes also called deemed parenting, and applies most often to the partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology.

The same-sex partner of a women who gives birth to a child conceived in this way cannot be presumed to be the child's other parent, even though fertility treatment is available to women in same-sex relationships in Tasmania.

It is possible, however, for a birth-mother's same-sex partner to adopt any children she has through fertility treatment.

Again, only partners in registered relationships can qualify as deemed or adoptive parents.

Parenting resources

For more information about the rights of parents in same-sex relationships or becoming a parent, check out the following resources.

"Maybe Baby Victoria": support and advice for those creating rainbow families.
www.maybebaby.org.au/

"Parenting in a same-sex relationship": advice and support for same-sex couples with, or planning to have, children from the Raising Children Network
http://raisingchildren.net.au/articles/parenting_in_a_same-sex_relationship.html

"Talking turkey": a report by the NSW Gay and Lesbian Rights Lobby on self-insemination and the law
http://www.glrl.org.au/pdf/major_reports/talking_turkey.pdf

"Love Makes a Family": lobbying and advocacy for same-sex couples with children
http://www.lovemakesafamilyaustralia.org/