LGBTIQ+ family law

For almost three decades, I have provided dedicated legal advice and representation to LGBTIQ+ clients navigating the complexities of Australian family law.

From that experience I have a deep understanding of the unique legal issues that arise for same-sex couples, non-binary individuals, transgender clients, and rainbow families, and I am committed to providing inclusive, respectful, and expert legal services in every matter.

LGBTIQ+ clients often face distinct challenges within the family law system, whether in relation to the recognition of their relationships, the legal status of their children, or the division of property following separation. And families are often formed through prior relationships, donor conception, surrogacy, co-parenting arrangements, fostering and adoption. The biological, legal and social parents of a child do not always align, and the legal framework does not always keep up; that is where the difficulty comes from, not from any difference in entitlement.

Complex Parenting Matters for LGBTIQ+ Families.

Rainbow families are formed in diverse ways, through prior relationships, donor conception, surrogacy, co-parenting arrangements, fostering, and adoption. The legal frameworks governing parentage and parenting can be particularly complex for LGBTIQ+ families, where the biological, legal, and social parents of a child may not always align.

Through KHQ’s Family and Relationship team, I provide specialist advice and representation in complex parenting matters, including:

  • Applications for parenting orders determining with whom a child lives and spends time

  • Disputes involving known donors who may seek a parenting role, or where the boundaries of a donor's involvement need to be legally defined

  • Cases involving multiple parental figures, such as co-parenting arrangements between couples or individuals across households

  • Applications for sole parental responsibility and contested hearings

  • Parenting matters where a parent has transitioned gender during or after the relationship

  • Surrogacy-related parenting disputes, including those arising from arrangements entered into before or after legislative reform

Property Settlements and Financial Agreements.

LGBTIQ+ couples, whether married or in de facto relationships, have the same entitlements to property settlement under the Family Law Act 1975 (Cth) as any other couple. However, the property settlement process can involve additional complexity for LGBTIQ+ clients, particularly where:

  • The relationship predates the 2009 de facto property reforms that extended federal family law jurisdiction to de facto couples, including same-sex couples

  • Assets have been accumulated over a long relationship but formal legal recognition (such as marriage) occurred later

  • There are disputes about the nature, duration, or existence of the relationship

  • Complex trust and company structures, business interests, or intermingled assets are involved

I also provide specialist advice on Binding Financial Agreements (BFAs) for LGBTIQ+ couples, including prenuptial agreements, cohabitation agreements, and post-separation financial agreements. These agreements can provide certainty and protection for both parties, and we ensure they are drafted to comply with the strict requirements of the Family Law Act so they are legally enforceable.

Donor agreements.

For LGBTIQ+ individuals and couples using a known donor to conceive a child, a properly drafted donor agreement is an essential step in establishing clarity about the donor's role and the intended parenting arrangements. While donor agreements are not binding under the Family Law Act in the same way as a contract, they are an important piece of evidence that the court may consider in any future parenting dispute. I advise donors, intended parents, and surrogates on the legal implications of donor conception, including parentage presumptions under state legislation and how to structure arrangements to minimise the risk of future disputes.

Frequently asked LGBTIQ+ family law questions.

  • Yes. Since the Marriage Amendment (Definition and Religious Freedoms) Act 2017, same-sex couples have been able to marry in Australia and have full access to divorce and property settlement under the Family Law Act 1975 (Cth). Same-sex de facto couples have also had access to the federal family law property and maintenance regime since 2009, when the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 extended the jurisdiction of the family law courts to include de facto relationships, including same-sex de facto relationships. This means that same-sex couples — whether married or in a de facto relationship — have the same rights to property settlement, spousal maintenance, and parenting orders as heterosexual couples.

  • Parenting disputes for LGBTIQ+ families are resolved under the same provisions of the Family Law Act that apply to all families — the best interests of the child are the paramount consideration. However, the legal landscape can be more complex for rainbow families due to the diverse ways in which these families are formed. The court will consider the nature of each person's relationship with the child, any parenting orders or agreements, and the child's need for stability and meaningful relationships. Where disputes involve known donors, co-parents, or non-biological parents, specialist legal advice is essential to navigate the legal framework effectively.

  • A donor agreement is a written agreement between a donor and the intended parent(s) that sets out the parties' intentions regarding the donor's role in the child's life, including whether the donor will have a parenting role or contact with the child. While a donor agreement is not enforceable as a binding contract under the Family Law Act, it is a valuable piece of evidence that the court may consider in any future dispute about the child's care arrangements. A well-drafted donor agreement provides clarity for all parties and can significantly reduce the risk of conflict arising after the child is born.

  • Yes. Under the Family Law Act, any person concerned with the care, welfare, or development of a child may apply for a parenting order. This means a known donor may, in certain circumstances, apply to the court for orders about spending time with or having parental responsibility for a child they helped conceive. The court will determine the application based on the best interests of the child, taking into account all relevant factors — including the nature of the donor's relationship with the child, the intentions of the parties at the time of conception, and any donor agreement that was in place. Legal advice before entering into a donor arrangement is critical to managing this risk.

  • When a same-sex couple separates — whether they were married or in a de facto relationship — the property settlement process under the Family Law Act applies in the same way as for any other couple. The court follows the established four-step process: identifying and valuing the asset pool, assessing each party's financial and non-financial contributions, evaluating future needs, and ensuring the outcome is just and equitable. For couples whose relationship predates the 2009 de facto reforms, or where the relationship was not formally registered or recognised, establishing the duration and nature of the relationship may be an important preliminary issue.

  • Yes. LGBTIQ+ couples — whether married or in a de facto relationship — can enter into Binding Financial Agreements (BFAs) under the Family Law Act. These agreements can be made before marriage or cohabitation (prenuptial agreements), during a relationship, or after separation. A BFA sets out how property, financial resources, and spousal maintenance will be dealt with in the event of separation, providing certainty and potentially avoiding the need for court proceedings. Each party must receive independent legal advice for the agreement to be binding, and the agreement must comply with strict legislative requirements.

  • Yes. Transgender and gender-diverse clients may face particular legal issues in family law proceedings, including:

    • Recognition of their legal gender for the purposes of marriage, de facto relationship status, or parentage

    • Parenting disputes where one parent has transitioned gender during or after the relationship, and questions arise about the impact on the child's care arrangements

    • Issues relating to birth certificates and legal parentage where a transgender parent has given birth to a child

    • Access to assisted reproductive technology and surrogacy, where eligibility criteria may interact with gender recognition laws

    At KHQ we provide sensitive, informed, and non-judgemental legal advice to transgender and gender-diverse clients, ensuring their rights are fully protected in all family law proceedings.

  • The legal pathways for establishing parentage depend on how the child was conceived. If the child was conceived through a registered ART provider in a jurisdiction that recognises the non-biological parent (such as the birth mother's same-sex partner), that parent may be automatically recognised as a legal parent under state parentage legislation. If the child was conceived through self-insemination or a private arrangement with a known donor, the non-biological parent may not be automatically recognised and may need to apply for a parenting order under the Family Law Act to formalise their parental role. In surrogacy arrangements, a parentage order is required to transfer legal parentage to the intended parents. We advise on the most appropriate legal pathway for each family's circumstances.