The passing of the Births, Deaths and Marriages Registration (Birth Certificates) Amendment Bill in South Australia is “a positive step forward for rainbow families”, allowing a same-sex parent to be recognised as more than a coparent on their child’s birth certificate.
The reform is a step toward better reflecting the reality of rainbow families in the state, equally and respectfully.
The Bill, introduced by Greens SA Leader Robert Simms MLC and passed the Lower House on June 17, allows same-sex mothers to have the opportunity to substitute ‘co-parent’ for ‘mother’ or ‘parent’ on a birth certificate.
Thus ensuring that the certificate better reflects the reality of their family unit.
‘Still more work to do to modernise birth certificates in SA’
“This is another positive advancement for LGBTI rights in South Australia,” said Robert Simms MLC.
“More than a decade has passed since our state finally changed the law to allow women in same-sex relationships to both be included on their child’s birth certificate, but only as mother and co-parent.”
“In recent years, same-sex mothers who are seeking to have their status as mothers equally recognised on their child’s birth certificate. Irrespective of whether or not they give birth to the child, both parents should have the right to be acknowledged as mothers, reflecting the reality of their family structure and relationship with their child. Finally, we have changed the law to give these mothers that right.”
The bill will apply retrospectively, and same-sex parents will be able to request a new certificate to reflect the changes.
The reform will also align marriage certificates and death certificates with the titles listed on a revised birth certificate.
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“While there is still more work to do to modernise birth certificates in SA to better reflect the diversity of family structures,” Simms said, “I know that this change will make a big difference to many rainbow families in our state.”
Mr Simms thanked the Labor Government for supporting the sensible initiative.
‘We are delighted to see the parliament finally modernise the legislation’
Same sex mother Skye Davis wrote to the Greens to advocate for law reform in 2024.
“My wife, Lyssa and I share motherhood equally for our son, and we do not wish to be viewed differently by him or anyone else,” Davis said.
“Of course, my wife having carried and birthed our son is an important and amazing part of his life, but it should not discredit my ability to be his mother also.”
“The restrictive laws in SA have caused us both great sadness and disappointment. In 2024, we wrote to the Greens to advocate for the law to change to allow for equal recognition of same-sex mothers.
“We are delighted to see the parliament finally modernise the legislation to allow same-sex couples to exist in harmony with their children and be viewed equally in the eyes of the State of South Australia.”
Rainbow Families commends Greens and Labor ‘for progressing this change’
“This bill is a positive step forward for rainbow families in South Australia,” said Jess Cronin from Rainbow Families SA.
“My partner and I were fortunate to have our children in the ACT, where we are both recognised as equal parents on their birth certificates. Had our children been born in South Australia, as the birth mother, only I would have been recognised in this way.”
“We moved back to South Australia when our youngest child was eight weeks old. Had he been born just eight weeks later, we would not have had that same legal recognition on his birth certificate here in South Australia. Like so many parents, we dreamed of having children together, navigated the IVF journey side by side, and supported each other every step of the way.
Rainbow Families SA convenor Jess Cronin (second from left), her partner Emma Sckrabei (second from right) and their children. Photo: supplied.“We are equal mothers to our two children, and that is exactly how they see us. That is the reality for many rainbow families whose children have been born in South Australia, and they deserve to have that reality reflected on one of their children’s most important legal documents – their birth certificates.
“Rainbow Families SA commends the Greens and Labor for progressing this change, which means more rainbow families will see themselves recognised equally, respectfully and with dignity by the State of South Australia.”
The Births, Deaths and Marriages Registration (Birth Certificates) Amendment Bill passed by 33 votes to 8, opposed by the Liberals and One Nation.
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Long Overdue ✅️