CHILDREN WILL BENEFIT FROM VICTORIAN LESBIAN AND GAY LAW REFORM
Press Release - 10 June 1999
The Australian Branch of a worldwide children’s rights agency today welcomed moves to legally recognise gay and lesbian relationships in Victoria. The Equal
Opportunity (Same Sex Relationships) Bill proposed by the Victorian ALP extends the definition of “de facto spouse” to same sex couples in a limited way.
Australian President of Defence for Children International, Mr Danny Sandor, said that children as well as their carers are disadvantaged under the current state of the
law. “DCI-Australia hopes that the bill will enjoy support from all members of the Victorian Parliament. It is a small but significant step for the dignity of gay men and
lesbians. This narrow piece of law reform is also in the best interests of children, a consideration which rightly featured in the approach taken recently by the NSW Parliament in enacting the
Property (Relationships) Legislation Amendment Bill on 1 June 1999.”
“The proposed changes to Victorian law are not radical. They go only some way to ensuring equal treatment for children in the care of a gay or lesbian
parent and his or her partner. They would remove some pointless economic and social discrimination that is inflicted on children in these family units. Those who would oppose the bill
but say they value children should remember that.” He said.
Mr Sandor said the bill did not actually go far enough from a children’s interests point of view. “There are very important parts of the law that the bill does
not change. The bill does not recognise same sex couples for adoption applications or give lawful access to reproductive technology services.” He said.
Mr Sandor said that from a child-focussed perspective, the current Victorian situation would still need further reform even if the bill was enacted: “It leaves
the law containing the prejudiced assumption that same sex couples could never be the best adoptive parents in a particular case. That assumption has been shown to be wrong. The bill also
ignores the fact that lesbians who wish to be parents can never ever access the screened clean sperm that is available to heterosexual couples. The present Victorian law imperils the physical and
emotional health of children because mothers are legally denied the relatively cheap technology of screening donor semen for transmissible diseases. Yet we know that children are born to lesbian
mothers despite the current law. These children and their mothers are made to bear the consequences of the law’s prejudice and the life and death risks that it causes. This obviously
cannot be in the best interests of children or of society.”
“Politicians are saying that eligibility for adoption and reproductive technology services needs more community consultation. Then start it now!” He said. “Both
the Government and Opposition must understand that each day Victoria excludes lesbians from clean screened sperm means that women and children risk fatal or lifelong harm. And it is not just
lesbians – single heterosexual women are also barred from access and face exactly the same risks.”
Despite the bill’s limitations DCI-Australia supports the proposed changes.
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