Bills

Births, Deaths and Marriages Registration (Birth Certificates) Amendment Bill

Second Reading

The Hon. R.A. SIMMS (17:16): I move:

That this bill be now read a second time.

I rise to speak on the Births, Deaths and Marriages Registration (Birth Certificates) Amendment Bill 2024. Same-sex parented families are a permanent and increasingly prevalent part of Australian society. Indeed, according to the 2021 census, 17.3 per cent of the 78,425 same-sex couples who live together throughout Australia are couples who have children. This represents an increase from 14.8 per cent—so nearly 15 per cent—at the 2016 census.

The birth registration of children is a basic and necessary measure which ensures the overall protection of children and ensures their right to an identity. It is important in providing evidence of a person's status in the particular state of their birth. It is the starting point at which the private individual presents their public face to the world. It is for these reasons that the Convention on the Rights of the Child requires that a child shall be registered immediately after their birth.

My office was recently contacted by a same-sex couple who were seeking to have both their names listed on their son's birth certificate as mother. They sought advice from the Births, Deaths and Marriages office and were informed that:

The Family Relationships Act 1975 provides—

(1) A woman who gives birth to a child is, for the purposes of the law of the State, the mother of the child (whether the child was conceived by the fertilisation of an ovum taken from that woman or another woman).

(2) If—

(a) a woman becomes pregnant in consequence of a fertilisation procedure; and

(b) the ovum used for the purposes of the procedure was taken from another woman,

then, for the purposes of the law of the State, the woman from whom the ovum was taken will be taken not to be the mother of any child born as a result of the pregnancy.

(3) If a woman who is legally married or in a qualifying relationship undergoes, with the consent of her spouse or partner (as the case requires), a fertilisation procedure in consequence of which she becomes pregnant, then, for the purposes of the law of the State, the spouse or partner—

(a) will be conclusively presumed to have caused the pregnancy; and

(b) will be taken to be—

(i) in the case of a male spouse or partner—the father; or

(ii) in any other case—a co-parent,

of any child born as a result of the pregnancy.

In other words, what this means is that under current state law only the birth mother can be registered as a mother and her partner can only be registered as a co-parent. You can understand, I am sure, Mr President, why this would be troubling for many same-sex parents who want to have their status as parents appropriately recognised on the birth certificate—in this case, the case that was raised with me, the status of both parents as mothers. The child does not have a birth mother and co-parent; they want to have the fact that they have two mothers recognised on the birth certificate so that their family dynamic can be appropriately recognised.

The reality is that same-sex parents do not wish to be viewed differently by their children, the state or anyone else. Both parents are, in effect, mothers to their children or fathers to their children and should be recognised as such should they wish. If the child were to be born in the Australian Capital Territory or Western Australia then birth registration processes allow for the registration of same-sex parents on their child's birth certificate, providing them with the option of describing each parent as a mother or a parent.

Indeed, members will know that I had the privilege of being a donor dad to two beautiful children. Those children were both born in the ACT, so their mothers are both recognised appropriately on their birth certificate, but were the children to be born in South Australia they would not have access to those same provisions under the act. What this bill seeks to do is to provide each parent with the option of describing themselves as either a mother, father or parent on their child's birth certificate.

Protecting the best interests of a child is one of the most important principles of international law. Indeed, it is a topic we discuss often in this place. It is fundamental to the Convention on the Rights of the Child. In particular, the convention provides that states must take all appropriate measures to ensure that a child is protected from all forms of discrimination based on the status of their parents, and that includes the sexual orientation or gender identity of their parents.

Appropriately recognising the status of parents on a birth certificate also ensures that children know their parents and are able to form relationships with both of their parents in a way that is legally recognised and socially recognised. This applies to all children, whether or not their parents are of the same sex. Having both mothers or both fathers named as parents on the child's birth certificate ensures there is a presumption in favour of parentage, and this provides for both parents to have full and equal parental responsibilities for the child.

This year, our state is celebrating an important milestone: 50 years since the decriminalisation of homosexuality in our state. Indeed, this parliament has worked together over the last five decades to embark on significant LGBTI law reform, reforms that have had a very positive impact in terms of changing our society and improving the lives of people like myself—out and proud gay men. I think this is a very small change but one that would be welcome by many same-sex couples who have children and rainbow families across the state. It is high time this simple change was made in South Australia to bring our state into line with other jurisdictions. I urge all members of this place to support this simple change.

Debate adjourned on motion of Hon. I.K. Hunter.