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The Equality Legislation Amendment (LGBTIQA+) Bill 2024 [NSW] has been passed!

The Equality Legislation Amendment (LGBTIQA+) Bill 2024 [NSW] has been passed!

Equality Legislation Amendment LGBTIQA+ Passed Surrogacy Lawyer Sydney

What does this new Amendment mean for families?

This is a significant step forward for families with children born through surrogacy overseas. The passage of this bill opens the door for parentage orders, allowing these children to have their parents legally recognised.Sarah Bevan Surrogacy Lawyer NSW & ACT

The Equality Legislation Amendment (LGBTIQA+) Bill 2023 has been confirmed after extensive advocacy from many stakeholders. Our principal and International Surrogacy expert, Sarah Bevan, played a crucial role in this amendment, notably through her involvement in the Parliamentary Enquiry related to surrogacy law.

While this achievement marks progress, more work remains. We hope to share further positive developments regarding legislative changes in the near future, and we will continue to advocate for the rights of families affected by surrogacy.

If you have a child born through surrogacy overseas, please reach out to us today for support.

For more details on the bill, visit the NSW Parliament’s official page, Equality Legislation Amendment (LGBTIQA+) Bill 2023 (nsw.gov.au)


NSW Government Endorses Revised Equality Bill to Enhance Protections for LGBTIQA+ Community

The NSW Government has announced its formal support for the proposed revisions to the Equality Bill, aiming to bolster protections for the LGBTIQA+ community.

Initially introduced to the NSW Parliament in August 2023 by Independent Member for Sydney, Alex Greenwich, this Bill has undergone extensive consultation, including a thorough Parliamentary inquiry. The NSW Government has collaborated with the Member for Sydney to propose several amendments.

The Equality Legislation Amendment (LGBTIQA+) Bill 2023 encompasses a variety of significant legislative changes, which include:

  • Allowing people to change their registered sex through an administrative process, without requiring surgery.
  • Making hatred for or prejudice against transgender, gender diverse or intersex people an aggravating factor in sentencing.
  • Updating terminology in laws to replace terms such as “HIV infection” and “suffering with AIDS” to “living with HIV/AIDS”.
  • Clarifying in the Mental Health Act 2007 that expressing, or refusing to express, a particular gender identity does not that someone has a mental illness.
  • Enabling a parentage order to be made for a child born through international commercial surrogacy, if it is in the best interests of the child (or if exceptional circumstances exist, depending on the factual circumstances) and other criteria and important safeguards are met.

This cements the NSW Government’s commitment to ensuring all community members feel valued, respected, and equal.


Understanding Parentage Orders in International Commercial Surrogacy

Importance of Parentage Orders

  • Legal recognition of intended parents as guardians.
  • Parentage provides legal pathway and rights regarding inheritance, nationality, and healthcare and more.
  • Provides clarity and stability for families formed through surrogacy.

Best Interests of the Child

  • Ensures the child’s welfare is a priority in legal proceedings.
  • Addresses complexities arising from different jurisdictions.
  • Facilitates assessments that actively support the child’s emotional and physical health.

Criteria and Safeguards

  • Importance of thorough vetting for surrogacy agencies.
  • Legal counsel for all parties involved.
  • Protection for the surrogate through adequate compensation and support.
  • Mitigation of risks related to exploitation or abuse in commercial surrogacy arrangements.

Impact on Families

  • Validation of the journey to parenthood for families.
  • Represents hope, effort, and love in creating a family.
  • Provides legal clarity and emotional validation for intended parents.

Benefits for the Child

  • Legal acknowledgment fosters a sense of security and belonging.
  • Encourages open communication about their unique family story.
  • Reinforces identity through recognition of their intended parents.

Conclusion

  • Enabling parentage orders can create positive change for families and children.
  • Promotes values of compassion, integrity, and support within the surrogacy process.
  • Commitment to aiding families in navigating the complexities of international surrogacy.

Get in touch today if you have a child born through surrogacy overseas.

Equality Legislation Amendment LGBTIQA+ Passed Surrogacy Lawyer Sydney

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