" Banfield-Jones added that while some may have assumed the decision to co-mother Trey was easy for the two women, she said "it didn't start out that way.
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The care leave is a 2 weeks period that the father/co- mother is entitled to in association with birth but it is not included in the birth leave. The father/co-mother is not entitled to get paid these 2 weeks, but it is normal for the employer to cover it.
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The bill received royal assent on 5 May and went into effect on 1 January 2015. Since this change, female same-sex couples are treated equally to heterosexual couples: the co-mother married to the mother is automatically recognised as a parent, and an unmarried partner can formally recognise the child at the civil registry. An equivalent solution for male same-sex couples has not been agreed upon, due to the controversy surrounding surrogacy.
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The fathers quota has up until 2013 been 14 weeks and is reserved for the father/co-mother. From 2013 this law was changed so that the parental leave was parted into three parts with equally long sections (14 weeks) where one part is reserved for the mother and another for the father. 6 weeks of the mothers quota has to be taken out in association with birth. The fathers quota as of July 1, 2014 has been changed from 14 weeks to 10 weeks.
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Wetsontwerp tot wijziging van een aantal bepalingen van het Burgerlijk Wetboek, teneinde de adoptie door personen van hetzelfde geslacht mogelijk te maken, Senate A legal inequality compared to heterosexual couples still existed with regards to children: the husband of the biological mother is automatically legally recognised as the father (by article 135 of the Civil Code), but this was not the case in a same-sex couple for the wife of the mother. To be recognised as the co-mother, she had to complete an adoption procedure.
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Same-sex couples have had the same rights as opposite-sex couples in adopting children since 2006. Additionally, lesbian couples can access in vitro fertilisation. A legal inequality compared to heterosexual couples still existed with regards to children: the husband of the biological mother was automatically legally recognised as the father (by article 135 of the Civil Code), but this was not the case in a same-sex couple for the wife of the mother. To be recognised as the co-mother, she had to complete an adoption procedure.
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In some Catholic and Orthodox countries, particularly in southern Europe, Latin America, and the Philippines, the relationship between parents and godparents or co-godparents has been seen as particularly important and distinctive.G. M. Foster, 'Confradia and compradrazgo in Spain and Spanish America', Southwestern Journal of Anthropology, 9 (1953), pp. 1–3. These relationships create mutual obligations and responsibilities that may be socially useful for participants. The Portuguese and Spanish compadre (literally, "co-father") and comadre ("co-mother"), the French marraine and parrain, and the archaic meaning of the English word gossip (from godsib, "godsibling"), describe these relationships.
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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 (ART) are presumed to be the child's other parent or co-mother in the same way as male partners of heterosexual women. 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 law applied to co-mothers before it went into effect. Section 29 of the Adoption Act allows the female partner of the birth mother to adopt the child born as a result of the ART process.
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Where joint adoption of children by same-sex couples is legal, so too is step-parent adoption. In all jurisdictions within Australia, a lesbian co-mother or gay co-father may use stepparent adoption provisions, although female couples in those states whose children were born through assisted conception may not actually need to adopt them, as the law there presumes the mother's female partner to be a legal parent as long as she consented to the conception. As of 2017, all states and territories, allow both same-sex partners to have a legally recognised relationship with their child - except Western Australia within surrogacy. However, even those laws contain a general presumption against making an adoption order because an adoption order severs the legal relationship between the child and one of the child's birth parents.
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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." The Adoption Act 1988 was amended by the Parliament in June 2013 to allow same-sex couples to adopt children not known to them. 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.
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