Bibliographies
The following bibliography has been compiled from the Australian Family & Society Abstracts database and other resources held in the Institute's library. Where available a link to the document on the Web is provided. Most items can be borrowed from the Institute's library via the inter library loan system. Online publications in PDF format require Adobe Acrobat Reader.
Same sex parents
And then ... the brides changed nappies:
Lesbian mothers, gay fathers and the legal recognition of our
relationships with the children we raise (PDF 434 KB).
Millbank,
J
Darlinghurst, NSW: Gay and Lesbian Rights Lobby of NSW, 2003,
26p, and Online
The Gay and Lesbian Rights Lobby of NSW
(GLRL) has developed a community law reform document on options for
parenting recognition. This report includes recommendations for changes
to both state and federal law, and forms the basis of the GLRL's lobbying
efforts until such changes occur in the future. The major changes
proposed are: automatic recognition of non biological mothers in lesbian
couples having babies through donor insemination; making adoption
available to same sex couples; and reforms to family law to allow for a
simpler process to formalise issues of parental responsibility.
ART eligibility for lesbians and single heterosexual women in Victoria: How medicalisation influenced a political, legal and policy debate.
Dempsey, Deborah
Health sociology review; Vol. 17, Issue: 3; Oct 2008: 267-279
This article analyses the seven year long Victorian political, policy and law reform debate over eligibility criteria for assisted reproductive technology (ART), emphasising the ways in which medicalised discourse and assumptions framed the arguments advanced by various stakeholders. It argues that despite the positive political, social justice and health gains for lesbian and gay prospective parents and their children that were ultimately achieved, the case made for the decriminalisation of self-insemination and increased access to clinical ART services also involved some disappointing political and intellectual compromises along the way. Although lesbian activism regarding ART eligibility criteria was often consistent with a position of what could be called 'constructive medicalisation', the debate also demonstrated how easily constructive medicalisation arguments were side-lined in favour of arguments drawing on dominant medicalised discourses about infertility treatment and risk.
Attitudes of family court counsellors towards same-sex
parents.
Tauber, E
VAFT News (Victorian Association
of Family Therapists) v.25 no.1 Feb 2003: 5-6,8
This article
reports on research which examined how Family Court Counsellors
represented gay and lesbian parenting in a sample of 14 contemporary
Family Court reports. It looked at how same sex parenting was addressed
as well as the extent to which reports reflected research that points in
the direction of there being no difference in outcomes for children
raised by heterosexual parents and parents in same sex relationships.
Current research available on attitudes of social science practitioners
and the Family Court's ambivalent responses to issues of parenting by gay
and lesbian individuals were explored.
Australian sperm donors: Public image and private motives of gay, bi-sexual and heterosexual donors.
Ripper, Margie
Health sociology review; Vol. 17, Issue: 3; Oct 2008: 313-325
This article contributes to debate in Australia about sexuality-based restrictions on access to Assisted Reproduction Services, particularly sperm donation by gay and bi-sexual men. It utilises content analysis of print-media and reveals that the public image of sperm donation is saturated with concern about risk, particularly risk to heterosexual donors and their property, from claims made by recipient women and their children. In contrast, a detailed analysis of the profiles of men who register to donate sperm through the Australian Sperm Donor Registry reveals that most donors are open to identity disclosure. However a marked difference is evident between heterosexual and gay/bisexual donors with the latter being significantly more likely to desire contact with children born of their donations. It appears sperm donation offers gay and bi/sexual men an opportunity for family formation and parenting which is denied by Australian laws and clinical practices that exclude them from Assisted Reproduction Services and adoption.
Challenging the constitution of the (white and straight)
family in work and family scholarship.
Chapman, Anna
Law in Context v.23 no.1 2005: 65-87
Most of the literature
on caring responsibilities in relation to children or ill or frail adults
in Australia is concerned only with the Anglo centric tradition of the
nuclear, heterosexual family. This paper responds to the exclusion of
extended kinship and family networks in Indigenous communities, and
families and caring relationships among lesbians and gay men. It
presents an overview of current thinking and research on Indigenous and
gay and lesbian family structures, and discusses responsibilities towards
children. It looks at Indigenous child rearing practices, the care of
children in gay communities, and diversity and fluidity in arrangements
to care for children. It considers the normative view of most work and
family literature, using Barbara Pocock's book 'Work / life collision' as
a case study, and of legal rules regarding workers with family
responsibilities.
From here to maternity: A review of the research on lesbian
and gay families.
Millbank, Jenni
Australian Journal
of Social Issues v.38 no.4 Nov 2003: 541-600
This article
presents a review of current British and American literature on the
children of lesbians and gay men, and connects this literature with the
small amount of information available on lesbian and gay families in
Australia. The article outlines available demographic information about
lesbian and gay family forms; provides an overview of the results of
sociological and psychological research into the development and well
being of children raised in lesbian and gay families; and reviews the
implications of the research reviewed for both current and future legal
and policy regulation of lesbian and gay families.
How the issue of lesbian and gay parenting is addressed in
family reports.
Tauber, Eve
VAFT News (Victorian
Association of Family Therapists) v.26 no.1 Feb 2004: 5-6
This article reports on research which examined whether children of gay
and lesbian parents are disadvantaged in any significant respect relative
to the children of heterosexual parents. Previous research has indicated
that lesbian and gay parents often go to great lengths to be parents, and
portrays a picture of families thriving, even in the midst of
discrimination. The main findings of the present research indicate that
there is no evidence linking homosexuality with abuse or poor outcomes
for children.
Just like other families?: Supporting lesbian-parented families.
Rawsthorne, Margot Lee
Australian Social Work; Vol. 62, Issue: 1; Mar 2009: 45-60
Parenthood is increasingly a choice being made by lesbians in Australia. Although children conceived in heterosexual relationships have been raised in lesbian-parented households since the 1970s, there is now an emerging trend of children being conceived within lesbian relationships. The emergence of new family forms has implications for individuals, families, and the broader community. The present paper draws on the experiences of 17 lesbian-parented families living in Sydney and regional New South Wales. Adopting an ecological framework towards child development, it argues that both informal and formal support systems are important in enhancing the protective factors to support these families. The paper identifies a number of critical times of vulnerability for these families. At these times, if informal support systems fracture, the formal support system can play a significant protective role towards lesbian-parented families and support lesbian-parented families to achieve optimum family and child wellbeing.
Legal recognition of same-sex relationships (PDF 543 KB).
Anthony,
Karina; Drabsch, Talina
Sydney, NSW: NSW Parliamentary Library
Research Service, 2006, 65p (Briefing paper no.9/06), tables, Online
The legal recognition of same sex relationships in New South Wales continues to elicit much debate. This paper explores the various relationship recognition models; the development of same sex relationship recognition in NSW; parenting issues; the definition of marriage and the development of the law on marriage in Australia; issues relating to children; relevant provisions of international treaties; recognition of same sex relationships in other states and territories; approaches to the law on adoption and assisted reproductive technology; the legal treatment of same sex marriage in Canada, Europe, New Zealand, the United Kingdom and the United States of America; human rights and equal opportunity issues in Australia; the arguments for and against same sex marriage; the arguments for and against same sex parenting; and access to assisted reproductive technologies.
Lesbian mothers, gay male sperm donors, and community: Ensuring the well-being of children and families.
Riggs, Damien W
Health sociology review; Vol. 17, Issue: 3; Oct 2008: 226-234
As Australian reproductive health continues to be shaped by legal and social heterosexism, lesbian women seeking to conceive are often reliant upon gay men to act as known donors. As previous legal cases demonstrate, this can result in contestations between donors and recipients that result in negative well-being outcomes for both parties, and which highlight the limitations of coalitionism within gay and lesbian communities. Using data collected via interviews with Australian gay men who have acted as known donors, this paper examines some of the ways in which such men experience the negotiating of sperm donation, and how this is often shaped by normative assumptions surrounding lesbian parenting and reproduction. Importantly, the findings also emphasise the positive experiences of sperm donation of some gay men. Suggestions are made for opportunities to increase the likelihood of positive outcomes for negotiations between donors and recipients, with a particular focus upon children's rights as citizens.
Lesbian parenting: Insiders' voices.
Perlesz,
Amaryll; McNair, Ruth
Australian and New Zealand Journal of Family
Therapy v.25 no.3 Sept 2004: 129-140
Lesbian parenting has
entered the public arena over recent years via debates regarding access
to fertility services and adoption, legal recognition of same-sex parents
and children's rights (McNair, 2002). Research in the area has been
published for over 20 years, with an increasing shift towards delineating
diversity rather than proving the legitimacy of these families. The
ANZJFT - the major mouthpiece for Australian family therapists - has made
curiously little contribution to the literature on lesbian parenting. The
lack of discussion leaves trainees and family therapists largely ignorant
about the lived experience of lesbian family life. This paper goes some
way to filling this gap. We present data gathered from 151 Australian
lesbian parents who answered questions about their own and their
families' perceived strengths. Despite the constraints and challenges of
living within a heteronormative and homophobic society and dealing with
discrimination and legal, political and social non-legitimation, this
group of lesbian parents expressed great pride in raising welladjusted
and happy children. They also described their families as thoughtfully
planned, proud, accepting and celebratory of diversity and difference,
flexible in gender roles, and as having interesting, supportive, extended
kinship networks that included a wide range of positive role models for
their children. (Journal abstract)
Minority groups ignored by new family laws.
Morley, Harriet
Law Institute Journal v.80 no.10 Oct 2006: 20-21
Children of same sex couples and cross border relationships have
been forgotten in the new family law changes. This article points out
that there is a significant number of children growing up with same sex
parents, and argues that their interests should be recognised. It also
examines the way the Family Law Amendment (Shared Parental
Responsibility) Act treats separating families when the parents come from
different countries.
The parent trap.
Lewis, Julie
Law Society Journal v.45 no.6 Jul 2007: 26-30
This article discusses the legal difficulties faced by separated lesbian co mothers seeking child custody of their non biological child. Unlike biological fathers, co mothers must prove their role as a parent. Unlike some other countries, the Australian Family Law Act includes a provision for any concerned person to apply for custody, but legal battles can be lengthy and onerous. Some recent and upcoming legal reforms are discussed, and also included is a sub section entitled: Consent orders provide some security, but known donors' status in doubt.
Parental status for lesbian mothers having
children through assisted conception.
Millbank, Jenni
Australian
Family Lawyer v.19 no.1 Winter 2006: 6-11
What are the
available options for legal recognition of co mothers - the partners of
lesbian birth mothers - in Australia? This article discusses: the
availability of consent orders from the Family Court; adoption by the co
parent in Western Australia, the Australian Capital Territory and
Tasmania; status of children presumptions in WA, the Northern Territory
and the ACT; and birth certificates and portability in state and federal
law.
Recognising same-sex parents: Bringing legitimacy to the law.
Tobin, John
Alternative Law Journal v.33 no.1 Mar 2008: 36-40
Same sex parented families have become an increasingly prevalent feature of Australian society. However, although Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory all recognise, at least to some degree, the legal status of these families, and Victoria intends to do so, their status is not uniform throughout these jurisdictions and is not recognised at all by Queensland, New South Wales, South Australia and the Commonwealth. Opposition to recognition of same sex parented families generally relies on the best interests and rights of the child. This article examines the question of recognition of same sex parenting in relation to the best interests and rights of the child. It considers: whether there is a right to a family consisting of a mother and a father; the prohibition against discrimination; the right to birth registration; and, the right to an identity. It evaluates existing schemes that enable recognition, and concludes that children living in same sex parented families not only deserve but also have an entitlement under international law to have their parents recognised.
Stigma or respect: Lesbian-parented families
negotiating school settings.
Lindsay, Jo; Perlesz, Amaryll; Brown,
Rhonda; McNair, Ruth; De Vaus, David; Pitts, Marian
Sociology v.40
no.6 Dec 2006: 1059-1077
Qualitative family interviews were
conducted with lesbian parented families in Melbourne to explore the
dialectic between schools and families. While in many schools family
members were stigmatised and burdened by secrecy and fear about their
family configuration, there was a significant minority who felt respected
and supported in their school environments, finding acceptance socially
and within the curriculum. The contextual factors, including location
and family formation, are discussed, and opportunities for change are
identified.
Voices from an enclave: Lesbian mothers'
experiences of child care.
Skattebol, Jen; Ferfolja, Tania
Australian
Journal of Early Childhood v.32 no.1 Mar 2007: 10-18
Eight
lesbian mothers' experiences and perceptions of their young children's
early childhood education are examined in this paper. The visibility of
their lesbian identities and the narrow definition of family in early
childhood settings were seen as significant issues in their experiences
as child care users. The paper traces the issues to the normative ideas
of, and superficial engagement with, families in early childhood
curriculum, pedagogy, practices and procedures. Even in a relatively
accepting community within a lesbian enclave in inner city Sydney, the
mothers were required to undertake complex negotiations about the way the
child care setting catered to their family constellation in everyday
practices. The paper argues that early childhood educators could better
support this group through more active engagement in representing a broad
range of differences, including those relating to sexuality. (Journal
abstract, edited)