20 May, 2026
Introduction and First Reading
The Hon. R.A. SIMMS (17:20): Obtained leave and introduced a bill for an act to amend the Births, Deaths and Marriages Registration Act 1996. Read a first time.
Second Reading
The Hon. R.A. SIMMS (17:21): I move:
That this bill be now read a second time.
I introduce the Birth, Deaths and Marriages Registration (Birth Certificates) Amendment Bill on behalf of the Greens. Same-sex parents are a permanent and increasingly prevalent part of Australian society. Indeed, according to the 2021 census, 17.3 per cent of the 78,425 same-sex couples who live together throughout Australia are couples who have children. This represents an increase from 14.8 per cent, so nearly 15 per cent, at the 2016 census.
The birth registration of children is a basic and necessary procedure that ensures the overall protection of children and ensures their right to an identity. It is important in providing evidence of a person's status in the particular state of their birth. It is the starting point at which the private individual presents their public face to the world. It is for these reasons that the Convention on the Rights of the Child requires that a child should be registered immediately after their birth. It is a pretty fundamental principle.
My office was contacted last year by a same-sex couple who were seeking to have both their names listed on their son's birth certificate as 'mother'. They sought advice from the births, deaths and marriages office and were informed that this would not be possible. What would be recognised is, in the case of a male spouse or partner, 'father', or in the case of another, 'co-parent'. In other words, this means that under current state law only a birth mother can be registered as a mother on a birth certificate, and her partner can only be registered as a co-parent.
You can understand, Mr President, I am sure, why this would be troubling for many same-sex parents, particularly for those who want to have their status as parents appropriately recognised on the birth certificate. In this case, the case that was raised with me, it was the status of both parents as mothers. The child does not have a birth mother and co-parent. They want to have the fact that they have two mothers recognised on the birth certificate so that their family dynamic can be appropriately respected.
The reality is that same-sex parents do not wish to be viewed differently by their children, the state or anyone else. Both parents are, in effect, mothers to their children or fathers to their children and should be recognised in this way if they wish. If the child were born in the ACT or in Western Australia, then birth registration processes allow for the registration of same-sex parents on their child's birth certificate, providing them with the option of describing each parent as a 'mother' or a 'parent'.
Members will know that I had the privilege of being a donor dad for two beautiful children some years ago now. Both of those children were born in the ACT, so their mothers are appropriately recognised on their birth certificates, but were they to be born here in South Australia, they would not have had both of their mothers recognised on the birth certificates. That, quite frankly, does not reflect the reality of how our family works. Indeed, it is love, not labels, that defines a family.
What this bill seeks to do is to provide each parent with the option of describing themselves as either 'mother', 'father' or 'parent' on the birth certificate.
Protecting the interests of the child is one of the most important principles of international law and, indeed, it is something we have discussed many times over the years. It is fundamental to the Convention on the Rights of the Child. That convention ensures that each state must take all appropriate measures to ensure a child is protected from all forms of discrimination, and that includes based on the status of their parents, whether that be their sexual orientation or gender identity.
Appropriately recognising the status of parents on the birth certificate ensures children know their parents and are able to form relationships with both of their parents in a way that is legally recognised and is also recognised by their community. This applies to all children, whether or not their parents are of the same sex. Having both mothers or both fathers named as parents on the child's birth certificate ensures that there is a presumption in favour of joint parentage. This provides for both parents to have full and equal parental responsibilities of the child.
It is a very small change. It is not something that is going to cause the sky to fall in. It is a very, very modest change that brings South Australia into line with other jurisdictions. But it is something that will be welcomed by many same-sex couples who have children and rainbow families across the state. I urge all members to support this very simple reform.
Debate adjourned on motion of Hon. I.K. Hunter.