Does the new definition of ‘child’ recognise anyone as a parent other than those in the couple relationship?
• As noted above, the new definition of ‘child’ maintains a parent-child relationship where there is a biological connection. This means a person may be the ‘child’ of a sperm donor to a lesbian couple and the ‘child’ of a birth mother to a gay couple. Importantly, no surrogacy laws in Australia automatically oust the parental status of a birth mother. • Consequently, the new definition of child will mean that a child may be considered to be the ‘child’ of both partners in a same-sex couple and the ‘child’ of the sperm donor or birth mother. It may also include the partner of the sperm donor or birth mother, if that couple are intended parents. • It is important to understand that gay and lesbian parenting arrangements often involve more than two people. Where a male sperm donor is an active parent along with a lesbian couple, recognition that a person can be a child of both the lesbian couple and the donor father may be appropriate. Similarly, it may be important to recognise the stat