21/08/2026
What can we do to make sure we are both fully recognised as parents?
That was the question that came up most when Sarah Bevan joined Rainbow Families last week for their webinar, "Legally Family: Understanding Parentage for LGBTQ+ Families", hosted by Ashley Scott.
It is worth setting out the answer properly, because a lot of people assume the birth certificate settles it, and it does not always.
A birth certificate is a record. Legal parentage is a status. Most of the time they line up. Where they come apart, it tends to be in the situations our community is most likely to be in: a known donor, a child born overseas, a family formed before the law caught up, or a move between states.
Sarah's answer was this. It depends on your circumstances. Sometimes there is a clear path to obtaining legal parentage. Sometimes, as the law currently stands, legal parentage is not available to both parents, and the hope is that the law continues to develop and change.
But where legal parentage is not possible, that is not the end of it. It may still be possible to obtain parental responsibility orders, so that you both hold the full rights and responsibilities of a parent, without necessarily having legal parentage.
That distinction matters. The assumption we meet most often is that if the obvious route is closed, there is nothing to be done. That is usually not the case.
Thank you to Rainbow Families and to Ashley Scott for having us. Rainbow Families have written the topic up here: https://www.rainbowfamilies.com.au/_understanding_legal_parentage_what_every_lgbtq_family_should_know
To be plain about what we do, because people often ask before they ask anything else: we act for LGBTQ+ parents and intended parents on parentage, donor and co-parenting agreements, surrogacy in Australia and overseas, birth registration, parental responsibility orders, and parenting arrangements after separation. However your family came together, it is very unlikely to be the first time we have seen it.
Sarah Bevan is an Accredited Family Law Specialist and President of Surrogacy Australia.
Call 1300 007 235 or email [email protected]
This post is general information and is not legal advice on any individual's situation.