LGBTI

We offer support and advice in relation to issues specific to the LGBTIQA+ community, including:

• Donor agreements;
• Parentage;
• Surrogacy – which is the same for rainbow families;
• Parenting arrangements – which is the same for rainbow families;
• Wills and Powers of Attorney – to assist with your estate planning needs;
• Property settlements and spousal maintenance – which is practically the same for de facto couples and married couples;
• Financial Agreements - a private agreement about what should happen about property and maintenance before or after separation; and
• Family violence and Intervention Orders.

Donor agreements

It is usually best to get advice about the legal implications of using sperm and egg donors and their involvement, if any, in a child’s life moving forward. In some cases, a donor that has a relationship with the child may apply to the Family Law Courts for parenting orders in relation to that child in the future.

Parties can enter into a Donor Agreement setting out their intentions around the donation and the roles of the parents and the donor. Although this is not legally enforceable, it is helpful for parties to know what they agree on and avoids miscommunication. It is also helpful evidence if there are any disputes in the future.  

Parentage

The definition of a who is parent, if a child is born from donor insemination (known or unknown) at home or at a clinic or by invitro fertilization (IVF), is different in each State and Territory.

In Victoria:

• A sperm donor will not be presumed to be the parent of the child born because of artificial insemination or IVF; and
• Women in a same-sex relationship who undergo donor insemination or IVF can both be recognised as the legal parents of the child (and recorded on the Birth Certificates as such) if they were living together on a genuine domestic basis at the time of the insemination and the non-birth partner consented to the insemination.

How we can help

Smith Family Law can advise you in relation to the legal issues around starting a family, issues around the breakdown of a relationship and what this means for you financially and for your children and your personal safety.