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Inquiry Into Same-Sex Parenting

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Inquiry Into Same-Sex Parenting Pp [230 Parliament of South Australia Inquiry into Same-Sex Parenting THIRTY SECOND REPORT OF THE SOCIAL DEVELOPMENT COMMITTEE Laid on the Table of the Legislative Council, and ordered to be printed 17 May 2011 FIRST SESSION FIFTY-SECOND PARLIAMENT Social Development Committee Parliament House North Terrace Adelaide SA 5000 Phone: 08 8237 9416 Fax: 08 8231 9630 E-mail: [email protected] TABLE OF CONTENTS ESTABLISHMENT AND COMPOSITION OF THE COMMITTEE.................................................. I FUNCTIONS OF THE COMMITTEE ................................................................................................. III TERMS OF REFERENCE .......................................................................................................................V EXECUTIVE SUMMARY.........................................................................................................................1 RECOMMENDATIONS............................................................................................................................5 BACKGROUND........................................................................................................................................... 9 METHODOLOGY ........................................................................................................................................9 SCOPE .......................................................................................................................................................9 REPORT STRUCTURE ...............................................................................................................................10 SECTION ONE: OVERVIEW................................................................................................................13 RESEARCH LITERATURE..........................................................................................................................13 PREVIOUS REPORTS ................................................................................................................................ 14 KEY ARGUMENTS OPPOSING SAME-SEX PARENTING .............................................................................17 KEY ARGUMENTS IN SUPPORT OF SAME-SEX PARENTING ..................................................................... 21 AVAILABLE DATA ON SAME-SEX PARENTING ........................................................................................23 SECTION TWO: EXPERIENCES & LEGAL STATUS......................................................................27 THE EXPERIENCES OF SAME-SEX PARENTS AND THEIR CHILDREN............................................................27 THE LEGAL STATUS OF CHILDREN AND NON-BIOLOGICAL PARENTS ........................................................31 SECTION THREE: CURRENT LAWS AND THEIR EFFECT.........................................................43 ASSISTED REPRODUCTIVE TECHNOLOGY................................................................................................ 43 SELF-INSEMINATION: POTENTIAL HEALTH RISKS...................................................................................47 ADOPTION...............................................................................................................................................51 FOSTER CARING......................................................................................................................................54 SURROGACY............................................................................................................................................58 SECTION FOUR: JURISDICTIONAL COMPARISONS...................................................................63 LACK OF CONSISTENCY WITH COMMONWEALTH LEGISLATION .............................................................. 63 OVERSEAS JURISDICTIONS ......................................................................................................................66 CONCLUSION ......................................................................................................................................... 67 APPENDIX A: STUDIES OF CHILDREN RAISED BY LESBIAN AND GAY PARENTS 1986- 2006 ............................................................................................................................................................71 APPENDIX B: BIRTH CERTIFICATE EXAMPLE............................................................................87 APPENDIX C: FAMILY RELATIONSHIPS (SAME SEX PARENTING — RULES RELATING TO PARENTAGE) AMENDMENT BILL 2011....................................................................................89 APPENDIX D: ASSISTED REPRODUCTIVE TREATMENT (ASSISTANCE FOR LESBIANS AND SINGLE WOMEN) AMENDMENT BILL 2011..........................................................................95 APPENDIX E: ADOPTION (SAME SEX PARENTING) AMENDMENT BILL 2011.....................97 APPENDIX F: FAMILY RELATIONSHIPS (SAME SEX PARENTING — SURROGACY) AMENDMENT BILL 2011 ......................................................................................................................99 LIST OF WITNESSES...........................................................................................................................103 LIST OF SUBMISSIONS.......................................................................................................................105 ESTABLISHMENT AND COMPOSITION OF THE COMMITTEE The Social Development Committee is established pursuant to Sections 13, 14 and 15 of the Parliamentary Committees Act 1991. Its eight Members are drawn equally from the Legislative Council and the House of Assembly: Hon. Ian Hunter MLC (Presiding Member) Hon. Dennis Hood MLC Hon. Jing Lee MLC Hon. Kelly Vincent MLC Ms Frances Bedford MP Mr David Pisoni MP Mr Alan Sibbons MP Hon. Dr Bob Such MP The Committee is assisted by: Ms Robyn Schutte, Committee Secretary Ms Sue Markotić, Research Officer Ms Cynthia Gray, Administrative Officer (0.3 FTE) Social Development Committee of the South Australian Parliament i ii Social Development Committee of the South Australian Parliament FUNCTIONS OF THE COMMITTEE The functions of the Social Development Committee are set out in Section 15 of the Parliamentary Committees Act 1991 and charge the Committee (a) to inquire into, consider and report on such of the following matters as are referred to it under this Act: (i) any matter concerned with the health, welfare or education of the people of the State; (ii) any matter concerned with occupational safety or industrial relations; (iii) any matter concerned with the arts, recreation or sport or the cultural or physical development of the people of the State; (iv) any matter concerned with the quality of life of communities, families or individuals in the State or how that quality of life might be improved; (b) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. Social Development Committee of the South Australian Parliament iii iv Social Development Committee of the South Australian Parliament TERMS OF REFERENCE The terms of reference for this Inquiry are as follows: That the Social Development Committee inquire into and report to Parliament on issues relating to same-sex parenting with particular reference to: a. the number of same-sex couples and same-sex attracted individuals living in South Australia who are parents or aspire to parenthood; b. the experiences of same-sex parents and their children and the social challenges faced by them; c. the legal status of children born to same-sex parents and issues relating to the legal recognition of non-biological parents; d. the current laws that govern eligibility for adoption, assisted reproductive technology (including in-vitro fertilisation), surrogacy and foster caring in South Australia and their impact on same-sex couples; e. the relationship between state and federal legislation in recognising same-sex parents and their children; f. the experience and regulation of interstate and overseas jurisdictions in addressing issues relating to same-sex parents and their children; g. the possible measures that could be introduced to better deal with matters pertaining to same-sex parents and what, if any, legal complexities might arise from the consideration of such changes; and h. any other related matters. Social Development Committee of the South Australian Parliament v vi Social Development Committee of the South Australian Parliament EXECUTIVE SUMMARY On 24 May 2010, the Social Development Committee resolved to inquire into and report on same-sex parenting and, in particular, how current South Australian laws impact on same-sex parents and their children. The Inquiry generated a significant amount of community interest. In total, 680 written submissions were received. Many submissions – both in support of, and in opposition to, same-sex parenting – were part of coordinated campaigns by key interest groups. As such, the Committee received a large number of submissions which were identical or variations of form letters. While the Committee accepted all the submissions it received, it placed greater emphasis on those submissions that addressed the Inquiry’s terms of reference. The Committee did not receive any reliable data on the number of same-sex couples with children living in South Australia. Indeed, the Committee heard that what data does exist should be treated with some caution and is likely to underestimate the
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