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Same Sex Family Law

Same Sex Family Law

Barker Evans are specialists in the same sex family lawyer space.  Our Managing Director, Nicole Evans, is the Author of Lesbians and the Law: A Guidebook for Australian Families and is considered one of the top lesbian lawyers in Australia.

When Nicole set out to have children in 2008, she realised there was limited legal information available to lesbians around having children. Over the past 15 years, she has accumulated knowledge of the gay and lesbian parenting process, and has acquired specific expertise in the law around same sex couples, their children, and donor rights.

Barker Evans is able to advise you on legal issues specific to the LGBTQI+ community including:

  • IVF
  • Surrogacy
  • Adoption
  • Property Agreements
  • Fertility Agreements
  • Donor Agreements
  • Parenting Agreements

Historically, under the Family Law Act 1975, a parent was defined as a biological parent of a child.

The definition of a ‘parent’ has evolved over time and the law has also developed to catch up to changing family structures.

A parent can now include a non-biological parent, which allows for both parties in a same-sex relationship to be recognised as legal parents. Known donors now also have standing to commence proceedings in the Federal Circuit and Family Court for time with a child.

Barker Evans has specific expertise in same sex family law advising clients in situations involving:

  • Lesbian couples who want to conceive a child using a sperm donor
  • Gay couples who want to create a family via surrogacy using a surrogate
  • Same sex couples who want to adopt a child
  • Gay and lesbian single parents who want to start a family
  • Gay and lesbian couples who want to co-parent a child

If you need same sex family law advice, please contact us on (02) 8379 1892 or email us at info@barkerevans.com.au.