Family Law in New Zealand: The Benefits and Costs for Gay Men, Lesbians, and Their Children

Abstract

Drawing on interview data from a qualitative study that explored how gay men and lesbians create and maintain family in contemporary New Zealand society, this article highlights both the positive impacts of legislation on these families and the problems that can arise as a result of gaps in the recognition of the realities of some arrangements. The benefits of legal recognition of relationships between lesbian non-birth mothers and their children, the limited legal protection available for donor fathers (men who have donated sperm to lesbians on the understanding that they will jointly share the parenting of any resulting children), and the unintended consequences of their lack of protection for children are of particular concern. This article makes a case for further legislative reform and recommends that more than two parents should be able to be identified in law in some situations.

KEYWORDS:

• family law
• gay- and lesbian-parented families

Notes

Unless the mother was single at the time of conception and later embarks on an intimate relationship with or marries the donor, or if the donor successfully gains adoption of the child (which would then extinguish the rights of the other parent(s).

The descriptor donor father, adopted for the purposes of this article, is not necessarily a descriptor that all gay and lesbian parents identify with or use.

Inclusive to this term in relation to the options outlined are donors of both sperm and eggs.

Birth mothers are automatic guardians of their children.

The study was commissioned by the New Zealand Families Commission, Kōmihana ā Whānau. It was undertaken by the author of this article and Alex Gunn, both from the University of Canterbury, and two associate researchers, Janette Kelly from the University of Waikato and Lisa Terreni from Victoria University. It can be accessed at http://www.nzfamilies.org.nz/.E-mail: [email protected]

In a whāngai relationship, a child is given to someone other than her or his birth parents to rear. Often, the child and caregiver(s) are related (McRae & Nikora, 2006).

Mike was not interviewed.

These women were not interviewed.

Including gay donor fathers, who donated with the expectation of parenting involvement; lesbian sperm recipients; fertility service providers; government agencies; and nongovernmental ethics bodies (Law Commission, 2005).