De Facto Relationships, Same-Sex and Surrogate Parents: Exploring the Scope and Effects of the 2008 Federal Relationship Reforms

Abstract:     
In October 2008 a suite of major reforms concerning family relationships passed federal parliament. Broadly speaking these reforms include same-sex couples within the category of ‘de facto relationship’ in all federal laws (previously limited to unmarried heterosexual couples), extend the definition of ‘parent’ and ‘child’ in much federal law to include lesbian parents who have a child through assisted reproductive means and, in more limited circumstances, to include parents who have children born through surrogacy arrangements. The reforms also bring de facto couples, both heterosexual and same-sex, from the territories and referring states within the federal family law property division regime. This article is divided into two main parts, examining the reforms relating to de facto partners first and then exploring those concerning parental status. The major provisions of the new laws are examined and a selection of cases critiqued to assess whether the aims of the reforms are being, or are likely to be, met.

Accepted Paper Series