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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-06-30 Daily Xml
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FAMILY RELATIONSHIPS (PARENTAGE) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 23 June 2010.)

The Hon. T.A. JENNINGS (16:59): I rise to conclude my comments on this bill. I note briefly that South Australia was the first state to legalise homosexual behaviour; however, we were the last state in Australia to recognise same sex couples. We will, again, be the last to recognise parental rights for same sex families. I do hope that we will not hold the title of being the only state not to recognise same sex families for much longer.

Once South Australia was a progressive state at the forefront of social change and inclusion and we took radical measures to extend equality to minority groups suffering discrimination. As I said earlier in my comments on the second reading, this bill is not radical: it does not do anything; it does not create any families that do not already exist. It simply recognises those families already living here in South Australia who are already part of our community.

I urge members to put aside prejudices (if they hold them) towards people who choose to be in same sex partnerships, and to think of the children. They are the same as children around the world. They are children who are happy, naughty, engaging and amazing. They and their families deserve security and protection in the law so that their lives are not marked by discrimination from a government whose role is to provide for them. I commend the bill to the house. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Clauses 1-3: these clauses are formal.

Clause 4: this clause amends section 5 of the Act to insert a definition of 'co-parent', which is defined as being a person who is taken to be a co-parent of the child under Part 2A of the Act, as amended by this measure. The clause also inserts new subsection (2) into section 5, which provides that a reference in this (the Family Relationships Act) or any other Act to the mother, father or of a child will, unless the contrary intention appears, be taken to include a reference to a co parent of the child. This is consequential upon the amendments made to Part 2A of the Act that allow a child to have a co-parent instead of a father, and for the co-parent to have the same status as the parents of a child currently have in respect of those Acts.

Clause 5: this clause amends section 7 of the Act to clarify that a person cannot be recognised as the father of a child under that section if some other person is taken to be the father or co-parent under the Act, including where both the mother and co-parent of the child are women.

Clause 6: this clause amends section 8 of the Act to include a qualifying relationship, as defined in Part 2A of the Act as amended, in any reference to a marriage.

Clause 7: this clause amends section 9 of the Act to enable a co-parent of a child to be subject to a declaration of parentage. This is consequential upon the amendments made by clause 11 of the Bill, and confers the same rights in respect of the declaration on co-parents as are currently available to fathers.

Clause 8: this clause makes a consequential amendment to section 10 of the Act.

Clause 9: this clause amends section 10A of the Act to insert the definition of qualifying relationship, which is defined to be a marriage like relationship between 2 people who are domestic partners (whether of the same or opposite sex). Current section 11A sets out who is a domestic partner. The clause also inserts new subsection (3) which provides that the domestic partner of a person in respect of a qualifying relationship means the domestic partner comprising part of that qualifying relationship. This subsection clarifies which domestic partner is being referred to in the case where a person may, due to the definition of domestic partner in Part 3 of the Act, have more than one.

Clause 10: this clause makes a consequential amendment, the contents of section 10B(4) (inserted by the Statutes Amendment (Surrogacy) Act 2009 but which has not yet commenced) being relocated to new section 10C.

Clause 11: this clause substitutes new section 10C for current sections 10C, 10D and 10E, setting out all rules relating to the paternity of a child conceived and born as a result of a medical procedure. The primary changes are those found in new subsections (3) to (5), where a domestic partner in a qualifying relationship is taken to be the father or co-parent of a child (depending on whether the domestic partner is male or female), conferring on such domestic partners the same presumptions as to parentage as are currently applied to a husband in a marriage.

Clause 12: this clause makes consequential amendments to section 10EA of the Act (which itself is inserted by the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Act 2009 but which has not yet commenced). It also corrects an accidental omission in subsection (6)(a) of that section.

Schedule 1: the Schedule makes a transitional provision conferring immunity (should there be liability) on a person was not previously the father or co-parent of a child, but who, because of the operation of this measure, will now be taken to be such and who may be in breach of the Births, Deaths and Marriages Registration Act 1996 for not providing his or details in respect of the birth of the child. Similarly, any other person responsible under that Act for providing information in relation to the father of the child is protected.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

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