We offer support and advice in relation to issues specific to the LGBTIQA+ community, including:

Donor agreements

It is usually best to get advice about the legal implications of using sperm and egg donors and their involvement, if any, in a child’s life moving forward. In some cases, a donor that has a relationship with the child may apply to the Family Law Courts for parenting orders in relation to that child in the future.

Parties can enter into a Donor Agreement setting out their intentions around the donation and the roles of the parents and the donor. Although this is not legally enforceable, it is helpful for parties to know what they agree on and avoids miscommunication. It is also helpful evidence if there are any disputes in the future.  

Parentage

The definition of a who is parent, if a child is born from donor insemination (known or unknown) at home or at a clinic or by invitro fertilization (IVF), is different in each State and Territory.

In Victoria:

  • A sperm donor will not be presumed to be the parent of the child born because of artificial insemination or IVF; and
  • Women in a same-sex relationship who undergo donor insemination or IVF can both be recognised as the legal parents of the child (and recorded on the Birth Certificates as such) if they were living together on a genuine domestic basis at the time of the insemination and the non-birth partner consented to the insemination.

How we can help

Smith Family Law can advise you in relation to the legal issues around starting a family, issues around the breakdown of a relationship and what this means for you financially and for your children and your personal safety.

How can we help you today?

03 8625 8957 [email protected]

We're here to help deliver a clear path forward to secure your family's future. Getting professional advice early is a great step.

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Blogs & News - Family Law

A guide to family law property settlement

A guide to family law property settlement

When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
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What is the difference between child support and adult child maintenance?

What is the difference between child support and adult child maintenance?

We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
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Visibility of superannuation assets during family law property settlement

Visibility of superannuation assets during family law property settlement

It’s important to consider the superannuation held by both parties as part of any property settlement negotiations. But what if a party does not disclose, or under-discloses, their superannuation interests?
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Significant changes to the Family Law Act effective from May 2024

Significant changes to the Family Law Act effective from May 2024

In October 2023, the Australian Parliament passed major changes to how parenting matters are dealt with in family law. These changes come into effect from May 2024. Importantly, they are NOT retrospective. Learn more about how these changes may impact parenting matters.
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