Maurice v Barry (2010) 44 Fam LR 62
Court: Family Court
Judge: Faulks DCJ
Facts: Barry, the biological mother, had two children through artificial conception while in a relationship with her female partner, Maurice. Both sought “parental responsibility” under the Family Law Act of 1975 (Cth).
Reasoning: Examining Section 60H(1), the court noted that if a child is born to a woman through artificial conception while she is the de facto partner of another person, and the partner consents to the conception, then the child is considered the child of both the birth mother and her partner. The judge determined that the parents met this criterion, granting them equal shared parental responsibility for the child unless otherwise ordered by the court. The question remained whether the term “partner” extended to being a parent for the Act’s other provisions. The Full Court of the Family Court in Aldridge v Keaton [2009] FamCAFC 229 concluded that partners should have the same rights as biological parents, even though the legislation was not entirely clear. However, Faulks DCJ in Maurice held a different view, suggesting that the legislation implied that the partner is considered the other parent for the purposes of the Act.
To read the full judgement go to: http://www.austlii.edu.au/au/cases/cth/FamCA/2010/687.html