Blurring the line on family
As part of my job I deal with cases from the Family Court of Australia, and the Family Law cases from the Federal Magistrates Court of Australia. Of course most cases that make it to this level of the courts are an ugly mess, in terms of relationships. And the cases that come to me for reporting are also those that have some sort of federal nexus in terms of the law.
I am constantly amazed at what sort of things have to be defined, investigated and redefined at this level. Today I am dealing with a case in which the findings are
A person must be in a de facto relationship with the birth mother at the time the artificial inseminiation procedure is carried out to be ascribed parental status pursuant to s 60H(1) [of the Family Law Act 1975 (Cth)].
The case is about a same-sex couple who were in a relationship, though not living in the same dwelling, when one of them had artificial insemination. The other was there for the birth and stayed at the hospital and did the all the usual "partner" sort of things. However, now that the relationship is over, that other person is neither a biological parent, nor was in a "defacto relationship" with the mother at the time of conception, and so in the end is deemed, by the law, to not be a parent of the child under the Family Law Act - and so denied parental rights. (You can't help empathising with that woman, in some respects, but what is the law to do?) The case goes on to discuss the meaning of "a couple living together" in terms of relevant state case law, because that is no longer something that is self-explanatory (and spells out things such as the fact that for the brief times that they conhabitated they bought their own toiletries). It also then goes on to discuss the existence or otherwise of a sexual relationship because that is also necessary to determine.
It all just goes to highlight the problems that can arise when one person in a relationship cannot be a biological parent, and when there is no defined or publicly recognised status of the relationship (let alone the problems that arise owing to no long-term commitment to the relationship). And that's just one story among many. And it just reminds me that God really did design things for everybody's good when he ordered that there be one man and one woman, in the public union of marriage, for life, within which they conceive and bring-up children.