Jurisdictions in family law relevant to lesbian and gay parents

Two facets of scientific development have had a major influence on the law of parentage: assisted reproductive technology and genetic testing. Children raised by lesbian mothers: The empirical evidence. Self-regulation, accreditation with the Fertility Society of Australia and compliance with the National Health and Medical Research Council's Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research govern access to assisted conception procedures in other jurisdictions.

A similar scenario may arise where a lesbian couple and a gay male couple choose to co-parent their child. While the parameters of parenting orders are extensive, they are not as far-reaching as legal parentage - they terminate when the child turns 18 and do not grant parental status as such.

The section applies where at the time of conception the parties were living in a de facto relationship heterosexual couples may be married.

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In January , the Constitutional Court of Austria found the existing laws on adoption to be unconstitutional and ordered the laws to be changed by 31 December to allow joint adoption by same-sex couples in Austria. It evaluates existing schemes that enable recognition, and concludes that children living in same sex parented families not only deserve but also have an entitlement under international law to have their parents recognised.

Despite the small sample, and the fact that the children have yet to become aware of their adoption status or the dynamics of gender development, the study found no significant associations between parental sexual orientation and child adjustment. A child can only have up to two legal parents except in the event of IVF-based techniques designed to avoid serious mitochondrial diseases where there are three legal parents.

The article discusses legal definitions in the current law, the legal status of the non-parent, laws in other jurisdictions, the best interests of the child, eligibility to foster, and discrimination against same-sex couples - as defined by the Victorian Charter of Human Rights and Responsibilities.

In the United States, for example, legislation to prevent adoption by LGBT people has been introduced in many jurisdictions; such efforts have largely been defeated.

Jurisdictions in family law relevant to lesbian and gay parents
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