Page 400 - Week 02 - Tuesday, 16 February 2016
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certainty to applicants that their name will be represented in the way they feel is appropriate. It makes it clear that it is the applicant, not the registrar-general, who decides where the new name will be on the reissued birth certificate.
The second amendment I am moving will allow the terms “mother” or “father” to describe either the birth parent or the other parent or both parents. This amendment omits the proposed new section 5(2) and substitutes a new section 5(2). The proposed new section allows the words “mother and “father” to describe the birth parent, the other parent or both parents. This is a particularly important reform which recognises the variety of families that exist in the ACT. This particularly supports transgender parents and allows them to be issued with a birth certificate that reflects their gender identity.
Amendment 3 clarifies that when a person provides their ovum as part of a procedure in which another person becomes pregnant, the person providing the ovum is conclusively presumed not to be the parent of any child born as a result of the pregnancy unless they are the domestic partner of the person who gives birth as a result of the procedure. This amendment omits proposed new section 11(3) to (6) and substitutes a new proposed section 11(3) to (6). The proposed new section provides the additional parentage presumption that when a person provides their ovum as part of a procedure in which a person becomes pregnant, the person providing the ovum is conclusively presumed not to be the parent of any child born as a result of the pregnancy unless they are the domestic partner of the person who gives birth as a result of the procedure.
The Parentage Act 2004 and the bill as currently drafted contain a conclusive presumption that a person who provides an ovum in a procedure by which a person becomes pregnant is conclusively presumed not to be the parent of the child born as a result of the pregnancy. The Parentage Act and the amendments contain a presumption that the domestic partner of another person who undergoes a procedure where the other person becomes pregnant is conclusively presumed to be the parent of the child born as a result of the procedure. Currently, where the domestic partner is the person who provided the ovum to the person who becomes pregnant as a result of the procedure, conflicting presumptions arise. This amendment addresses this conflict and makes it clear that when a domestic partner provides an ovum in a procedure, they are conclusively presumed to be the parent of the child born as a result of the procedure.
The remaining subsections have been reordered for better flow and readability.
I hope that clarifies the intent of these amendments. They are based on feedback the government received after the tabling of the legislation. I think it is valuable feedback and simply provides further clarity in an area that is technically challenging at times. They are subtle adjustments to the legislation, but, as I said in my earlier remarks, they are important to some members of our community who do not fit into the traditional definitions. These changes are very important to recognise the diversity of families and relationships in our community.
MR HANSON (Molonglo—Leader of the Opposition) (11.27): I will not be supporting the amendments today. On amendments 1 and 3, I do not have any
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