I’ve been mulling over a recent news story from Australia that someone sent to me. It’s a rather complicated tale.

Ms. Fabian and Ms. Halifax (they only give last names in the story) were in a relationship for about seven years. During that time, each of them gave birth to a child. Ms. Halifax used sperm from a family friend, identified as Mr. Dalton. That child is now seven. Ms. Fabian used sperm from an anonymous donor. That child, a girl, is the subject of the litigation. She is now three.

The two women separated when the daughter was 20 months old. At the time they lived in Queensland, but at least Ms. Fabian, and perhaps both, were from New South Wales. Ms. Fabian now wants to return to New South Wales.

Her request to move is being opposed not only by her former partner, Ms. Halifax, but also by a gay male couple. According to the newspaper story, this couple “cannot be named,” but one of them is apparently the donor for the other child, which would mean he is Mr. Dalton. An Australian court has determined that she should not move while the requests of the various parties are considered. ...

I cannot help but contrast this with the evidence women asserting claims to be de facto parents produce. You can find at least half-a-dozen cases that I’ve discussed on the blog–some where the women won and some where the women lost. But win or lose, the evidence offered by the women I’m thinking of is qualitatively different. It’s far more about the hands-on care offered than about the public acknowledgement.

In truth, it seems to me that the men are claiming rights on a basis akin to holding out. Perhaps that is not so surprising. If you go back and read that earlier post (and the ones that follow) you will see this is a historically male path to parenthood. It makes me wonder if this legacy of gendered family law will find its way into the legal regulation of decidedly modern families.

Labels: Australia, de facto parenting, Fathers, gender, gender differences, Julie Shapiro, motherhood

posted by Eve at 3:45 PM EMAIL SHARE PRINT

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