Recognition of same-sex unions in Tasmania

Last updated

Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the rights offered to married couples within the state. Furthermore, since July 2009, these relationships are recognised at federal level, providing couples with almost all of the federal rights and benefits of marriage. The legislation came into effect on 1 January 2004. In September 2010, the Parliament of Tasmania approved legislation to recognize same-sex unions performed outside Tasmania as significant relationships. [1] [2] [3] [4]

Contents

Significant relationships

Both same-sex and opposite-sex couples can register a Significant Relationship if both are unrelated, unmarried adults living in Tasmania.

Caring relationships

Likewise, two adults residing in Tasmania, related or not, can register a Caring Relationship if one provides the other with domestic support and personal care. The parties cannot be married to each other, cannot be in an existing significant or caring relationship, and neither can be receiving payment for the care of the other either from employment or government departments.

Rights and benefits

Both types of relationships provide some rights in the following areas: [5]

Adoption, surrogacy and parenting rights

Tasmanian law allows same-sex couples to adopt. The Adoption Act 1988 states that "an order for the adoption of a child may be made in favour of two persons who, for a period of not less than 3 years before the date on which the order is made, have been married to each other or have been the parties to a significant relationship which is the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003." [6] The Adoption Act 1988 was amended by the Parliament in June 2013 to allow same-sex couples to adopt children not known to them. [7]

Under section 10C of the Status of Children Act 1974, same-sex partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology are presumed to be the child's other parent or co-mother in the same way as male partners of heterosexual women. [8] Both mothers' can be placed on the birth certificate, allowing such couples to have access to the same rights of/for their children (such as medical or hospital forms, education processes, access to entitlements, etc.). The legislation on parentage from IVF is retrospective (meaning the laws applied to co-mothers even before it went into effect).

Also under the Adoption Act 1988 (section 29) [9] for a birth-mother's same-sex partner to adopt any children she has through fertility treatment under the stepchild adoption provision. [10]

In 2012, Tasmania passed two pieces of legislation to legally allow altruistic surrogacy. The two laws are called the Surrogacy Act No 34 and the Surrogacy (Consequential Amendments) Act No 31 [11] [12] Proposed altruistic surrogacy legislation was drafted and passed by both houses of the Tasmanian parliament - only after a review of the Surrogacy Contracts Act 1993 No 4 [13] [14] and after an ongoing community consultation process. Under the altruistic surrogacy legislation, the surrogate must be at least 25 years old and it cannot be her first pregnancy. The new altruistic surrogacy laws came into effect on 1 January 2013. [11]

In July 2013, Tasmania became the fourth jurisdiction in Australia to allow same-sex couples full adoption rights (joining New South Wales, Western Australia and the Australian Capital Territory). [15] [16] However, since February 2017, all jurisdictions of Australia allow same-sex couples to legally adopt children - except for the Northern Territory.

Recognition from other jurisdictions of Australia

Partnerships that are registered in Tasmania are not automatically recognised in most parts of Australia when travelling or moving interstate. Since being elected in 2007, the then current Prime Minister, Kevin Rudd, had been encouraging all states to create relationship registers identical to Tasmania's model to create nationwide uniformity and consistent rights, while at the same time not supporting anything that appears too similar to marriage. The following jurisdictions currently recognise Tasmanian registered partnerships since August 2017:

As of 21 October 2014, Victorian statute does not recognise the registered relationships of any other jurisdiction, including Tasmania's. However, in February 2016, the Victorian Parliament passed a bill recognising same-sex unions performed outside of Victoria and thus recognising those performed in Tasmania. [17]

The Australian Commonwealth Government also recognises a Tasmanian registered partnership as a "de facto relationship" under federal law. De facto couples, whether same-sex or opposite-sex, are entitled to nearly all of the federal rights of marriage since 1 July 2009.

In September 2010, the Tasmanian parliament passed legislation to recognize out-of-state same-sex unions as a significant relationships. [1] [2] [3] [4]

Registration

Applications for Significant or Caring Relationships can be registered in person or by mail by filing an application for a Deed of Relationship with the Tasmanian Registry of Births, Deaths and Marriages in Hobart.

Government plan for legalizing same-sex marriage

In August 2012 Tasmanian premier Lara Giddings announced that Tasmania would pass new laws allowing same-sex couples to marry. [18] However, although the same-sex marriage bill passed 13–11 in the lower house, the Legislative Council rejected the bill 6–8 on 27 September 2012. [19]

Federal legalization of same-sex marriage

Same-sex marriage became legal in Tasmania, and in the rest of Australia, in December 2017, after the Federal Parliament passed a law legalising same-sex marriage. [20]

2021 Supreme Court of Tasmania ruling

In February 2021, it was reported by LGBTQI+ media the Star Observer - Tasmania never officially legally ever recognized same-sex relationships at all from a ruling of the Supreme Court of Tasmania. [21]

See also

Related Research Articles

Civil union Legal union granted for marriage, especially to allow same-sex couples

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except the title itself.

A domestic partnership is a legal relationship between two individuals who live together and share a common domestic life, but are not married. People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others.

Civil Partnership Act 2004 United Kingdom legislation

The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom with rights and responsibilities very similar to civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.

Same-sex marriage in the Republic of Ireland has been legal since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Marriages of same-sex couples in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day.

LGBT rights in Australia Rights of LGBT people in Australia

Lesbian, gay, bisexual and transgender (LGBT) rights in Australia have advanced over the later half of the twentieth century and early twenty-first century to make Australia one of the most LGBT-accepting countries in the world, with opinion polls and the Australian Marriage Law Postal Survey indicating widespread popular support for same-sex marriage. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBT activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in Australia, and the world as a whole.

Same-sex marriage in Australia has been legal since 9 December 2017. Legislation to allow same-sex marriage, the Marriage Amendment Act 2017, passed the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General the following day. The law came into effect on 9 December, immediately recognising overseas same-sex marriages. The first same-sex wedding under Australian law was held on 15 December 2017. The passage of the law followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported legalisation of same-sex marriage.

LGBT rights in Gibraltar

Lesbian, gay, bisexual and transgender (LGBT) rights have evolved significantly in the past decades in the British Overseas Territory of Gibraltar. Same-sex sexual activity has been legal since 1993 and the age of consent was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to adopt. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014, and in October 2016, Gibraltar voted to legalise same-sex marriage with the Civil Marriage Amendment Act 2016 passing unanimously in Parliament. The law received royal assent on 1 November and took effect on 15 December 2016.

LGBT rights in Scotland Rights of LGBT people in Scotland, UK

Lesbian, gay, bisexual, transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

LGBT rights in Queensland

Lesbian, gay, bisexual, and transgender (LGBT) rights in Queensland have advanced significantly from the late 20th century onwards, in line with progress on LGBT rights in Australia nationally. Private consensual sex between men has been legal in the state since 1991, with lesbian sexual acts never criminalised. The age of consent was equalised to 16 years for all sexual acts in 2016. Sexuality and gender identity are protected attributes under both state and federal anti-discrimination laws. Same-sex couples may marry under Australian law, enter into a civil partnership under state law or live together in an unregistered de facto relationship. Same-sex couples may become parents through adoption, foster care, altruistic surrogacy and, for lesbian couples, IVF. In 2020, Queensland became the first jurisdiction within Australia to pass a law banning conversion therapy, with a maximum penalty of 18 months imprisonment and fines.

LGBT rights in New South Wales Rights of LGBT people in New South Wales, Australia

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Australian state of New South Wales have most of the same rights and responsibilities as heterosexual cisgender people.

LGBT rights in Victoria

The Australian state of Victoria is regarded as one of the most progressive jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

Same-sex marriage is legal in the Australian Capital Territory, and in the rest of Australia, after the Federal Parliament legalised same-sex marriage in December 2017.

LGBT rights in South Australia

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of South Australia are advanced and well-established. South Australia has had a chequered history with respect to the rights of LGBT people. Initially, the state was a national pioneer of LGBT rights in Australia, being the first in the country to decriminalise homosexuality and to introduce a non-discriminatory age of consent for all sexual activity. Subsequently, the state fell behind other Australian jurisdictions in areas including relationship recognition and parenting, with the most recent law reforms regarding the recognition of same-sex relationships, LGBT adoption and strengthened anti-discrimination laws passed in 2016 and went into effect in 2017.

Surrogacy laws by country

The legal aspects of surrogacy in any particular jurisdiction tend to hinge on a few central questions:

LGBT history in Australia

This article details the history of the LGBT rights movement in Australia, from the colonial era to the present day.

Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.

LGBT rights in Tasmania

Lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of Tasmania have the same legal rights as non-LGBT residents. Tasmania has a transformative history with respect to the rights of LGBT people. Initially dubbed "Bigots Island" by international media due to intense social and political hostility to LGBT rights up until the late 1990s, the state has subsequently been recognised for LGBT law reforms that have been described by activists such as Rodney Croome as among the most extensive and noteworthy in the world. Tasmania imposed the harshest penalties in the Western world for homosexual activity until 1997, when it was the last Australian jurisdiction to decriminalise homosexuality after a United Nations Human Rights Committee ruling, the passage of federal sexual privacy legislation and a High Court challenge to the state's anti-homosexuality laws. Following decriminalisation, social and political attitudes in the state rapidly shifted in favour of LGBT rights ahead of national trends with strong anti-LGBT discrimination laws passed in 1999, and the first state relationship registration scheme to include same-sex couples introduced in 2003. In 2019, Tasmania passed and implemented the world’s most progressive gender-optional birth certificate laws.

LGBT rights in Western Australia Rights of LGBT people in Western Australia

Lesbian, gay, bisexual and transgender (LGBT) rights in Western Australia have seen significant progress since the beginning of the 21st century, with male sex acts legal since 1990 and the Parliament of Western Australia passing comprehensive law reforms in 2002. The Australian state decriminalised male homosexual acts in 1990 and was the first to grant full adoption rights to LGBT couples in 2002.

LGBT rights in the Northern Territory

Lesbian, gay, bisexual, and transgender (LGBT) persons in Australia's Northern Territory enjoy the same legal rights as non-LGBT residents. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1983, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

LGBT rights in the Australian Capital Territory

The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBT people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria and Queensland are the only jurisdictions within Australia to legally ban conversion therapy on children. The ACT's laws also apply to the smaller Jervis Bay Territory.

References

  1. 1 2 RELATIONSHIPS AMENDMENT (RECOGNITION OF REGISTERED RELATIONSHIPS) BILL 2010
  2. 1 2 Tasmania votes to recognise foreign same-sex marriages
  3. 1 2 "Tasmania to recognise same-sex marriage". Australian Broadcasting Corporation. 30 September 2010. Retrieved 8 October 2010.
  4. 1 2 Tasmania moves on marriage Archived 11 October 2010 at the Wayback Machine
  5. ↑ ""Relationships Act: The Tasmanian Approach"</". Partners Task Force for Gay and Lesbian Couples. 3 April 2006. Retrieved 25 July 2007.
  6. ↑ "Adoption Act 1988 - SECT Sect. 20". austlii.edu.au. 1 July 2013.
  7. ↑ "Tasmanian Upper House passes gay adoption bill". ABC News. 28 June 2013.
  8. ↑ "Legislation View Page". Thelaw.tas.gov.au. Retrieved 26 December 2012.
  9. ↑ "Archived copy". Archived from the original on 12 November 2009. Retrieved 31 December 2009.CS1 maint: archived copy as title (link)
  10. ↑ "Archived copy". Archived from the original on 19 August 2013. Retrieved 7 November 2013.CS1 maint: archived copy as title (link) Relationships Tasmania
  11. 1 2 "Department of Premier and Cabinet - TASMANIA : Publications". Dpac.tas.gov.au. Archived from the original on 24 April 2013. Retrieved 26 December 2012.
  12. ↑ "Lara Giddings - Premier of Tasmania". Premier.tas.gov.au. 25 September 2012. Archived from the original on 21 September 2013. Retrieved 26 December 2012.
  13. ↑ "Surrogacy Contracts Act 1993". Thelaw.tas.gov.au. Archived from the original on 21 September 2013. Retrieved 26 December 2012.
  14. ↑ "SURROGACY CONTRACTS ACT 1993". Austlii.edu.au. 20 April 1993. Archived from the original on 8 February 2008. Retrieved 26 December 2012.
  15. ↑ Tasmanian Upper House passes gay adoption bill
  16. ↑ Tasmania votes to allow same-sex couples to adopt Archived 1 July 2013 at the Wayback Machine
  17. ↑ "Relationships Amendment Bill 2015; Amendment made by the Legislative Council; How dealt with" (PDF). Victorian Legislative Assembly and Legislative Council. 10 February 2016. Archived from the original (PDF) on 17 March 2016. Retrieved 2 April 2016.
  18. ↑ The Age Tasmania is the logical 'first mover' on marriage equality 6 August 2012 Retrieved on 7 August 2012
  19. ↑ Larkins, Damien. "Same-sex marriage voted down in Tasmania". Australian Broadcasting Corporation . Retrieved 30 September 2012.
  20. ↑ "Same-sex marriage bill passes House of Representatives, paving way for first gay weddings". ABC News. 7 December 2017.
  21. ↑ [ bare URL ]
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.