Gay and Lesbian Conception
For a same-sex couple to conceive a child, a donation of either egg or sperm (or both) will, of necessity, be required. In the case of a male couple, a surrogate mother will also be needed. Add to this the complications of laws which do not always provide equal rights to same-sex parents as are provided to opposite-sex couples. The area of Gay and Lesbian conception becomes a complex legal field.
Circumstances vary greatly regarding the conception of a child in a same-sex relationship. In most cases one or both of the intended parents, in a same-sex relationship, will need to make applications through the courts to be recognised as the parent of their intended child. The court’s decision my allow them to function as the child’s parent in a practical sense. In many cases, same-sex couples are advised by other parties to draft written agreements. Boers Associates have the experience and knowledge to know this is not necessarily the case.
Whatever the circumstances around the conception of your child or intended child, we will explain the applicable law in a clearly understood manner. We will work towards achieving the best possible outcome as efficiently as possible. Boers Associates are experienced in advising and representing same-sex parents and intending parents. You can be confident that your matter is being managed by one of Australia’s leading experts in the field of Reproductive and Family Law.
Due to the complexity of legal issues that can arise around parenting rights of a child of a same-sex relationship, the best time to seek legal advice regarding a conception is in the planning stages, before donation or conception occur.