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Skip Navigation LinksHome > Legal information > Relationships & children > Children and parenting > Same sex parenting presumption

Same sex parenting presumption 

Legal Information

Important

The information on this page applies to birth mothers in Queensland who have a female de facto partner.

Are same sex partners parents of their children by law?

The female de facto partner of a birth mother is recognised as the parent of the child, when the child has been born through the use of a fertilisation procedure such as vitro fertilisation, with the consent of the birth mother’s female de facto partner.

What will the child’s birth certificate say?

The parents will be recorded as ‘mother’ and ‘parent’.

What if the birth was registered without the mother’s female de facto partner named as ‘parent’?

The birth mother and her female de facto partner can apply to correct the birth register to include the other parent’s name by lodging a relevant form with the Registry of Births, Deaths and Marriages. Contact the registry to obtain the relevant form.

Is there a registration fee?

Yes. Contact the Registry of Births, Deaths and Marriages for details.

What if the father’s name was recorded on the child’s birth certificate?

The child’s birth register can only be changed if there is a court order by the Supreme Court of Queensland.

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Do I need legal advice?

You may need legal advice if you are considering applying to the Supreme Court to change details on a child's birth register.

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Where can I get legal advice

Legal Aid Queensland may provide legal advice on the same sex parenting presumption.

The following organisations may also be able to give legal advice on your matter.

Community legal centres give legal advice on a range of topics. Contact them to see if they can help with your matter.

LGBTI Legal Service Inc provides free legal advice, assistance and referral to the LGBTI communities.

Queensland Law Society can refer you to a specialist private solicitor for advice or representation.

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Who else can help?

These organisations may also be able to assist with your matter. They do not provide legal advice.

Registry of Births, Deaths and Marriages can assist with applications and questions about registering a child's birth.

Self-represented Litigants Service (SRLS) provides assistance, advice and support to people who are representing themselves in civil cases in the Brisbane Supreme and District Courts.

Supreme Court of Queensland can make orders to change a child's birth register.

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Disclaimer - Copyright © 1997 Legal Aid Queensland. This content is provided as an information source only and is not legal advice. If you have a legal problem, you should seek legal advice from a lawyer. Legal Aid Queensland believes the information is accurate as at 27 January 2012 but accepts no responsibility for any errors or omissions and denies all liability for any expenses, losses, damages and costs you might incur due to the information being inaccurate or incomplete in any way.



Last modified: 29 October 2013 3:36PM
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Same sex parenting presumption