Mathers v Mathers [2008] FamCA 856
Court: Family Court
Judge: Murphy J
Facts: Two children were born within a lesbian relationship, each having a respective biological mother through artificial insemination from an anonymous donor. The children were deliberately conceived, and both mothers aspired to raise them together as a family, acting as co-parents for each other’s child. Both parties have submitted identical affidavits, seeking parenting orders from the court.
Reasoning: Each mother is recognized as the biological parent of their respective child and is duly registered as such on the child’s birth certificate. Consequently, I affirm that each is a parent of their respective child within the purview of the Family Law Act 1975 (Cth), particularly concerning Section 65G of the Act. In the best interests of the children, residing with both the applicant and respondent is deemed favourable. However, navigating parental responsibility is more intricate. As per the Act, the children are acknowledged to have only one parent—their respective mothers. Nevertheless, the Act permits two or more individuals to share parental responsibility. Therefore, if aligned with the parties’ intentions, it is in the best interests of all involved to jointly assume parental responsibility.
To read the full judgement go to: http://www.austlii.edu.au/au/cases/cth/FamCA/2008/856.html