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Same-sex parenting

 

I have been in a same-sex relationship. Does the Family Court treat my family law matter any differently because of this?

In Western Australia the court treats people in same-sex relationships the same as other de-facto couples. This means that the Family Court of WA deals with parenting order applications for people in same-sex relationships in the same way they would if the parties were in a heterosexual "de-facto" relationship.

In deciding what orders to make in relation to children of same-sex parents the court must look at what is in the "best interests" of the child. For further information see Best interests of the child.

My partner and I are thinking about becoming parents. What sorts of issues do we need to consider?

If you and your partner are considering adopting or looking at assisted reproductive technology (such as IVF treatment) there are certain legal issues to consider:

  • Who does the law consider to be the parents of a child? Establishing parentage - differences between known donors and unknown donors, possible impact on parenting orders
  • Child support issues between parents should they separate - also possible claims against donors.

Legal advice on these and other specific issues should be sought.

 

Last reviewed: 01/09/2010

Last Modified: 19/04/2011

Disclaimer

The material displayed on this page is intended for information only. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia believes that the information provided is accurate, however does not accept responsibility for any errors or omissions.