Same-Sex Family Law

Barker Evans recognises that families come in all different shapes and sizes.

For rainbow families, it is often important that their lawyers understand them and their family structure. We proudly assist LGBTQIA+ families for all their family law needs.

Barker Evans is the only legal partner for Rainbow Families Australia, assiting our community with legal issues relating to the LGBTQIA+ community.

Our Principal Director, Nicole Evans, is the author of Lesbians & the Law, A Guidebook for Australian Families. Nicole is a regular contributor to media outlets, podcasts, and news programs on same-sex parenting, donor rights and other issues specific to same-sex families.

Since marriage equality was introduced in 2017, same-sex couples are now able to be legally married, and divorced, in Australia. The Family Law Act now deals with same-sex couples the same way as heterosexual couples in relation to property and parenting matters and child support.

Barker Evans understands that some rainbow families may have more straightforward arrangements, whilst others may be more complex, involving a third parent, or other significant persons involved.

In 2019, the High Court of Australia delivered judgment in an important case involving same-sex families. The High Court case of Masson & Parsons confirmed that a person who has donated their genetic material for the conception of a child can be a parent within the meaning of the Family Law Act.

When considering whether a donor is a parent to your child, a Court would look at the nature of the relationship between that person and your child, any financial support provided and the history of that person’s involvement in decision-making regarding your child’s health, education and general welfare.

In most cases, it is not difficult identifying who the significant people are in your child’s life, however, sometimes it can get a bit more difficult navigating arrangements for children when parents separate and there are other significant persons involved.

Rainbow families utilise egg and sperm donation, surrogacy and artificial conception procedures to create their family. Each donation and procedure comes with its own legal considerations and advice should be obtained specific to your circumstances.

At Barker Evans, we help families create and reach agreements about parenting and financial arrangements and also assist parties through the court process when required. We work with same-sex friendly family dispute resolution practitioners and mediators to help you achieve the best possible outcome for you and your children.

We can assist you with:

• Advice for de-facto couples and artificial conception
• Parentage issues and parental rights
• Embryo & sperm donation
• IVF & Donor Agreements
• Surrogacy