Tadhg’s Law Passes Upper House

A little boy who has reached his first birthday, but is yet to be recognised with a birth certificate, celebrated a step towards that recognition with the passage of a Greens Bill through the State Upper House last night.

A little boy who has reached his first birthday, but is yet to be recognised with a birth certificate, celebrated a step towards that recognition with the passage of a Greens Bill through the State Upper House last night.

The Bill, colloquially known as Tadgh’s Law, ensures that both lesbian co-parents can be recognised on a child’s birth certificate regardless of the current three year cohabitation rule.

The Family Relationships (Parentage Presumptions) Amendment Bill 2015, introduced by Greens Gender & Sexuality spokesperson Tammy Franks MLC, expands on a 2011 Greens Bill that enabled lesbian co-parents to be recognised on the birth certificate of their child where a sperm donor and artificial insemination process has been consciously involved in the conception of that child.

Ms Franks said the South Australian-specific ‘three year cohabitation rule’ was a barrier that the new Bill tackled.

“Tadhg’s mums Elise and Sally’s situation highlights the problem with the existing South Australian law,” Ms Franks said.

“Sally’s partner Elise gave birth to their beautiful baby boy, Tadhg, on Mother’s Day last year.

“However, when they went to register his birth, they were shocked to have their forms returned by Births, Deaths and Marriages with a demand to prove that they had lived together for three years before they had conceived.

“If Tadhg had been born anywhere else in Australia, they would have both mums on Tadhg’s birth certificate, but not here in South Australia.

“So we have a situation where, federally these couples are recognised as de facto, but because of this discriminatory rule, both lesbian co-parents were not able to be listed on their child’s birth certificate here in South Australia.

“This situation remains a challenge for many lesbian couples and their families. These families, and especially these children, deserve the protections that this Bill will facilitate.

“I want to thank my colleagues for supporting this Bill, and I look forward to its successful passage through the Lower House,” Ms Franks concluded.

The situation of differential treatment based on a three year cohabitation rule does not exist in any other Australian State or Territory.

Labor MP Katrine Hildyard will have carriage of the Bill in the Lower House.

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