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Child support and same-sex couples – archived

Date : 01 Jul 2009

Parents who have been in same-sex relationships may be able to claim child support from 1 July 2009.

A parent will be able to apply for child support if they separate from their partner as long as they are recognised as parents under the Family Law Act 1975.

Family Law Act changes

Some definitions have been extended to minimise discrimination against people who are in or who have been in same-sex relationships, and their children.

Step-parents

The definition of step-parent has been extended to include de facto partners.

Same-sex parents

New sections have been added to deal with children who are born info de facto relationships by:

artificial conception procedures
surrogacy arrangements.

The changes remove references to men and women so that these sections now allow non-biological parents in same-sex and different-sex de facto relationships to be legally recognised as parents if:

there is an ‘artificial insemination procedure’
they are 'the other intended parent' in a consensual artificial insemination procedure
all parties gave consent to the procedure.

The 'other person' who provided 'genetic material' is then not a parent.

Previously this part of the Act was limited to married partners. Now, a non-biological de facto partner who treats a child as a member of their family can be a step-parent. This means that if a de facto couple separates, the partner can be liable for child support under an administrative assessment.

How to claim child support

Couples may arrange their own child support independent of the Child Support Agency or may apply to the agency for an assessment.

If the parent asking for child support gets Centrelink payments, they may have to get an assessment from the Child Support Agency. The agency may also register court orders.

Other changes for same-sex couples

These changes to child support are part of broader reform that gives same-sex couples and their children the same rights and obligations as heterosexual couples and minimises discrimination against people in same-sex relationships.

More information

See summary of all the changes for same sex couples at Attorney General’s Department – Same-sex reforms

For more detailed report behind the changes see Human Rights Commission report – Same sex: same entitlements

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Last reviewed: 25 May 2010 Last modified: 01 July 2009