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Same sex law

Commonwealth laws and State laws changed in 2008 to ensure that the rights of same sex couples are recognised in the same way as heterosexual couples.

At Lander & Rogers we acknowledge and recognise same sex relationships and families, and the particular legal issues and difficulties that can arise in relation to parental rights and financial matters for same sex couples. We offer practical legal advice and suggestions to deal with those issues.


Financial matters

Same sex couples can create financial agreements which are legally binding and set out how their property and finances would be divided if they separate. These agreements can be created before entering a de facto relationship, or at any time during or following the break down of a de facto relationship.

Our team provides advice and assistance with all aspects of asset division, following a separation, including: 


Parental rights - sperm donors and surrogates

The issue of parental rights has particular implications for gay male couples (and heterosexual couples) who have a child via surrogate, as the law does not recognise sperm donors as fathers.

It is therefore very important that gay male couples or other couples whose child was born via surrogate take steps to legally formalise their parental rights by either adopting the child or by obtaining parenting orders from the Family Court. 

We can assist same sex couples in all aspects of negotiating and establishing parental rights in relation to their children. 

Read more about how we can assist you in relation to parental rights.


Same sex parenting

Access to adoption and reproductive technology has lead to new avenues through which same sex couples can become parents. However, particularly in areas such as adoption and surrogacy, there are still gaps and uncertainties affecting the children of same sex couples. 

We provide advice and representation to same sex parents and prospective parents on all legal issues associated with parenting. 

See same sex parenting for more on how we can assist you in this area.


Same sex law - further reading

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