There are many options for starting a family, including IVF, using donor eggs or sperm in a clinic, self-insemination, and surrogacy.
Nicholes Family Lawyers can provide advice in relation to the legal issues that may arise in relation to starting families, as well as other family law issues including parenting disputes, property settlements and asset protection with Binding Financial Agreements.
At Nicholes Family Lawyers we have a specialist LGBTIQA+ interest group of lawyers led by Partner Bec Dahl with a particular focus on and insight into issues affecting rainbow families and the surrounding law.
Donor Agreements
A man who donates his genetic material to a woman who is in a de facto relationship, is presumed for all purposes not to be the father of any child born as a result. This is regardless of whether or not the man is known to the woman and/or her partner.
Donor agreements, although not legally binding, set out the intentions of parties as parents and/or sperm donors and the relationship (if any) the child will have with the sperm donor. Donor agreements can provide evidence of the intentions of the parties in relation to conceiving and raising the child and guidance to a court determining what is in the child’s best interests should a dispute arise between the mother and the sperm donor. It is very important that a donor agreement is entered into where a male provides his genetic material to assist in the conception of a child. The bests interests of a child will, however, always prevail when a Court is making a decision about arrangements for a child.
Nicholes Family Lawyers work together with other professionals such as expert mediators and psychologists who have experience in LGBTIQA+ matters, and are familiar with the special legal and non-legal issues parties are likely to encounter. We assist in developing and preparing such agreements and discussing future care arrangements of the child conceived.
Parentage
In recent years, the law has changed so that a non-biological mother in a same-sex relationship can be legally recognised as a parent. Therefore, women in a same-sex relationships who undergo either IVF treatment or self-insemination to conceive a child, can both have the legal status of a parent. There is no longer any legal distinction between parents in same-sex relationships and parents in heterosexual relationships.
There are three important points to keep in mind when determining the parentage of a child born of a lesbian relationship:
- A woman who gives birth to a child is presumed to be the mother of any child born as a result of the pregnancy;
- The birth mother’s female partner will be considered to be the legal parent of the child born, so long as she and the child’s biological mother were living together as a couple on a genuine domestic basis when the IVF/self-insemination was performed; and
- The female partner must have consented to the IVF procedure.
Therefore lesbian couples can now be recorded as the child’s parents on the birth certificate of their donor-conceived child. The birth certificate now refers to the biological mother as the “mother” and to her partner as a “parent”.
The sperm donor can also be listed on a child’s birth certificate as the father or on an addendum to the child’s birth certificate as “sperm donor”. When making these decisions, you should consider the legal implications including the effect on your dealings with government agencies such as Medicare, Centrelink and the Passport office. Nicholes Family Lawyers can provide you with advice in relation to these potentially complex issues.
Assisted reproduction / IVF
If you would like legal advice in relation to IVF, including your rights to include specific conditions in your consent to treatment, your right to vary your consent, and the legal ramifications of various decisions, we will treat your enquiry with strict confidence.
Latest News
Nicholes Family Lawyers on the JOY 94.9 Drive radio program
Monthly, Nicholes Family Lawyers appear on the JOY 94.9 drive radio program, with presenters Dee and Warren. JOY is an Australian independent LGBTIQA+ community media organisation, informing, entertaining and empowering rainbow communities across Australia and the world, with the purpose of building a more inclusive society.
Throughout this segment, important matters including surrogacy, transgender and gender diverse children, the best interests of the child, family violence, wills and estates, polyamorous relationships, relationships, financial settlements, and much more are discussed.
Listen to our recent episodes below:
Polyamory and the law with Sally Nicholes: listen here
What happens with kids and pets at holiday time with Bec Dahl: listen here
Coercive control with Sally Nicholes: listen here
Everything you ever wanted to know about separating from your partner but were too afraid to ask with Bec Dahl: listen here
Positive changes for the LGBTQIA+ community around the world with Sally Nicholes: listen here
Bendigo Pride Film Festival 2025
Partner Bec Dahl travelled to Bendigo to be part of the ‘Pride with Purpose’ Forum at the Bendigo Pride Festival.
The event featured three panel discussions where changemakers shared their experiences and highlighted voices from the trans and gender-diverse community.
Panel members delved into the importance of inclusivity, visibility, and growth within the Pride community, reflecting on how far we’ve come and exploring how to move forward, together, with purpose.
Supporting the LGBTIQA+ community with a touch of purple
As proud allies and supporters of the LGBTIQA+ community, the team at Nicholes Family Lawyers annually wear a touch of purple in celebration and recognition of all Rainbow young people on Wear It Purple Day.
Nicholes Family Lawyers Proudly Sponsored the 2024 Better Together Conference
Each year Nicholes Family Lawyers is a proud sponsor of ‘Better Together’, a national annual conference hosted by the Equality Project that focuses on educating the public on issues facing Australia’s LGBTIQA+ movement.
Nicholes Family Lawyers has always been heavily involved in the Better Together initiative since 2018, where we hosted the very first planning meeting in our offices – and we have attended and presented on important issues each year.
On 15 June 2024, Nicholes Family Lawyers hosted a panel, moderated by Partner Bec Dahl, titled ‘’What makes a family – is it the law, science, love – or all of that and more?” The panel delved into topics related to assisted reproductive technology, including the surrogacy process and the medical, psychological, financial, and legal challenges of starting a family. It also covered how intended parents can prepare for parenthood and approach conversations about unique family structures
Celebrating IDAHOBIT Day in Geelong
To help celebrate IDAHOBIT Day, Nicholes Family Lawyers were proud to be an Official Partner at the City of Greater Geelong International Day Against Homophobia, Biphobia and Transphobia (IDAHOBIT) event.
IDAHOBIT Day is held on 17 May each year to celebrate 17 May 1990 – the date when homosexuality was removed from the World Health Organisation (WHO) Classification of Diseases.
Nicholes Family Lawyers sponsor the 7th Geelong Pride Film Festival
Nicholes Family Lawyers were a gold sponsor of the 7th Geelong Pride Film Festival, which took place between 18 – 28 April 2024. The Geelong Pride Film Festival is a non-profit, community-run event that showcases contemporary and classic LGBTIQA+ themed films through an annual film festival.
