What Are The Child Custody Laws And Rights Of Same Sex Couples In Australia?

Only three years ago, the Australian Federal Parliament had passed legalizing same-sex marriage all across Australia. This decision was anticipated for a long time and it was received with a lot of enthusiasm as well as uncertainty.

Same sex marriage brought about a simultaneous change in the LGBTQ community which embraced the idea of marriage very warmly, however, the idea of a family was still dubious. It is still not clear as to how the same sex couples can adopt or have their own children. This became a legal standpoint where the equality straight parent families and same sex couple families was being questioned.

So if you are a same sex couple and you are thinking about adopting your child, you need to get in touch with family law or reputed divorce lawyers Perth Australia. They will be able to help you understand the necessity of adopting a child in Australia. 

Why are adoption and fertility laws in Australia complicated?

Even after the legalization of same sex marriage, the laws related to adoption and fertility was still complicated to an extent where the LGBTQ community was dubious with the uncertainty in the legalization of same sex marriage. A large amount of protestation was observed in the various States and even Perth, WA, Australia observed mass protestation against the dubious nature of the same sex marriage laws. However, in 2018, all the states as well as the Union Territories in Australia legalized adoption for same sex couples.

It took one year to legalize same sex couples adopting children and even having their own children via various fertility procedures because the family as a unit was considered important.

The family courts mostly conducted the proceedings with a mother figure and a father figure in the family which played a big role in there is custody procedures as well as divorce cases.

However, with the change in same sex marriage the concept of family as a unit changed and the idea of families without a particular mother figure of father figure was included within the concept of family. But there are still many uncertainties that need to be explained to the same sex couples who want to adopt children or go through certain fertility procedures.

What do same sex couples need to do to enlist their child’s birth certificate?

There are many means by which you can have your own children if you are same sex couples and you are married. You can get in touch with the best fertility centres that will provide you with ample amount of options to have your own children. However, if that is not the option for you, you can always go forward with adoption. As per the adoption amendment act of 2015 which was centred on adoption by same sex couples, you have the complete adoption rights and you can adopt any child, foreign or native. The criteria for adopting remains the same as it would remain with a straight married couple. You will need to get in touch with a reputed family or the best divorce lawyers Perth to know about enlisting your child’s birth certificate.

What is the condition of same-sex divorce in Australia?

The marriage amendment act of 2017 which brought a big feat to the LGBTQ community in Australia, helped couples to get married legally as well as get separated legally. Divorce of same-sex couples in Australia has the same process and the requirements that apply to straight couple marriages. This means that the spouses need to be separated for at least 12 months before they are applying for a divorce case.

Within this time, they can come to agreements regarding asset settlements, property settlements and even child custody. There are many reputed law agencies who can provide you with top rated property settlement lawyers Perth. They can help you settle the disputes over property and child custody as well. In situations where a child custody case is concerned between same-sex married couples, the gender of the spouses are not taken into consideration.

Factors like financial condition, ability to take care of a child, medical history, addictions and physical conditions, behaviour and child rearing abilities, are all taken into consideration while deciding who should win the child custody. 

What are the conditions for divorce for same sex marriages that took place overseas?

Prior to the amendment of same-sex marriage legalization in Australia, a lot of couples got married overseas. However, at that point of time overseas same sex couple marriage was not visualized as legal marriage in Australia and it was not possible to get a divorce for such couples in Australia. But now such couples can easily have a divorce after 12 months of separation.

These are some of the things in to know about child custody laws for LGBTQ parents and same sex couples in Australia.

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