NSW LAW SAYS FATHERS NOT REQUIRED
PARENTAGE & FATHERHOOD
A child in NSW will legally be able to have two mothers and no
father under new laws being fast-tracked through the NSW Parliament.
The concept of a two-mother family is set to be enshrined in law,
taking away the need for fathers when lesbians and their partners have
fertility treatment. "Children's rights advocates and parenting
groups are horrified at this development which extinguishes the
child's inalienable right to have and know his or her own natural
father", Federal Director of the Shared Parenting Council of
Australia, Mr Ed Dabrowski said today.
"The Bill is a scandal", said Mr Dabrowski, "because it
will eliminate fatherhood by creating a false record as to the
child's true parent, replacing the biological natural father with the
name of the mother's de-facto lesbian partner on the birth
certificate. It will create a presumption of parentage which is a
legal fiction." Mr Dabrowski emphasised that "Australians want the
truth about parentage to be recorded on birth certificates, not a made
up lie that denies there ever was a father".
"It would be wrong to pass a law where parenthood was not
recognised because clearly there must be a father for a child. Any
fertility treatment with integrity must necessarily include the father
and be recognised on the birth certificate", said Mr
Dabrowski.
"This Bill is radical because it introduces for the first
time a definition of parentage (and potentially marriage) which is not
based on biological sex. This violates all social norms and
accepted standards. The next step will be Transgender couples
demanding a right to have children and marriage as well.
MARRIAGE RIGHTS - MARRIAGE EQUIVALENCE
"The Miscellaneous Acts Amendment (Same Sex Relationships) Bill
2008, will if enacted, impart equivalent rights to cohabiting lesbians
that ordinarily flow from the marriage certificate", "It should be
opposed because it exploits children by using their birth certificate
to record a false presumption of parentage of a "second mother"
ignoring the existence of the "first and natural father"', said
Mr Dabrowski.
"The NSW Legislation's extension of "marital status" to
"marital or domestic status" which when read with the proposed
definition of "de facto relationship", conflates and confuses the
state of marriage or co-habitation by couples of opposite
sex, with the co-habitation of couples of the same
sex.
The effect of the Bill is to discriminate against millions of NSW
mums and dads who will no longer be regarded in law as mothers and
fathers, instead being de-gendered to the highly fluid concept of
"parent."
In tipping the law on its head, a hidden agenda is revealed in
the Bill which seeks to impose legal equivalence between same-sex
couples and married couples by removing innate differences between
traditional mum-and-dad headed families and co-habiting
homosexuals", Mr Dabrowski said. "Ideology drives these narrow
self-interest groups who aim to hasten genderless marriage by
'legislative stealth' and erode Federal Law which sensibly reserves
marriage for a man and a woman", Mr Dabrowski said today.
"Ms Verity Firth, Minister for Women, shields her Government's
true agenda behind alleged concern for a miniscule minority of
same-sex couples, but revealingly then seeks to impose extreme
legislation with a radical pro-homosexual indoctrination agenda on all
citizens of New South Wales.
"The Premier Mr Morris Iemma and his cohorts have neither right
nor mandate to attack the very fabric of family life and the safety
afforded children in the traditional home. Clearly the goal of this
Bill is not to enhance children's rights, but to disregard the
traditional family, and its beliefs, and respect for a mum and dad
raising the kids", said Mr Dabrowski.
What's the alternative?
Mr Butler, the executive Secretary of the Shared Parenting
Council said today, "there is no need to reject the fundamental
presumption that every child has a mother and a father; leaving dads
off the birth certificate is just unnecessary."
"In the less common case where the mother's same-sex partner
asserts a parenting role but is not listed on the birth certificate, a
parenting order from the Family Court would give the non-biological
parent equal shared parental responsibility if that is the aim of this
rushed legislation", said Mr Butler.
FREEDOM & RELIGIOUS FREEDOM /
DISCRIMINATION
"The misleading claim by Ms Verity Firth, Minister for Women,
that the reforms are "expanding protections for same-sex couples",
conceals the underlying agenda to remove protection and recognition
afforded traditional couples and lower the high esteem held for
motherhood and fatherhood in our culture, religions, society and in
the law itself.
"Volunteer parenting groups and people of conscience everywhere
are outraged at this government's attack on fathers and the
institution of fatherhood", remarked Mr Ed Dabrowski. "This comes
on the heels of a sham inquiry by the NSW Government intended to roll
back legislative reform encouraging shared parenting and greater
parental involvement by fathers after separation and divorce. What we
have here is a particularly evil agenda that extinguishes fatherhood
and children's rights and will make use of the term "Father"
potentially discriminatory in everyday settings, even at schools and
wherever families engage in public life", said Mr Dabrowski.
"This Bill increases discrimination and reduces freedom,
particularly religious freedom to distinguish between same-sex couples
and married couples. Church institutions could be put out of business;
particularly those faith-based organisations which fail to recognise
or service the "two-mum" family due to the double-bind of
respecting State law on the one hand but violating church morality and
Church law on the other.
Churches acting true to their faith and beliefs could be found
guilty of discrimination and have no choice but to shut down operation
of their service agencies", said Mr Dabrowski.
"Ms Verity Firth, Minister for Women, promotes de-gendering
existing State legislation (over 57 Acts), to promote gay parentage,
at the expense of the mums and dads. Her same-sex parentage
presumptions will rob Children of their true biological link to their
own father and family of origin, as well as hereditary health history,
family history and leave gaps in their personal identity. It only
compounds the problem of children being artificially conceived to be
raised without the richest benefit of a father.
"Marriage is a core fundamental social institution; so too is
the family headed by both mum and dad - it's the way we transmit our
society into the next generation. The NSW Bill will weaken the link
between marriage and the natural family, and the overwhelming reality
that children are produced as the result of male-female sexual and
romantic attractions. Instead of imposing a reckless social experiment
we need to teach the next generation; if we want children not to be
raised in fatherless households and all the suffering that ensues: we
need to raise children to become young men and women who believe it is
important that children have a mother and father.
NSW Attorney General
"It is worth noting that we have further serious concerns about
this legislation", said Mr Wayne Butler, the Executive Secretary of
the Shared Parenting Council.
"The fact this legislation is being made retrospective
via clause 2 commencement by proclamation seems to be an attempt to
bypass the normal democratic system and normal process of checks and
balances. The Government appears in a hurry to set legal
precedents which may prove difficult to repeal afterward", remarked
Mr Butler.
"In the hours before debate on this Bill takes place in the NSW
Parliament on Tuesday, the NSW Attorney General has gone into major
damage control by suggesting "those mothers and fathers who wish to
use the terms "mother" and "father" will continue to be able
to do soŠThere will also be the option to use the term parent if
that is preferred." The SPCA believes that these statements do not
accord with the legislation as written. In any case the Government
should not be regulating parental rights and children's rights to
the point of extinguishing those rights, or optionally "allowing"
parents to continue enjoying their inalienable rights as some kind of
exception to the [new] rule.
"He then suggests that this is not a matter determined through
the legislation but an administrative matter for the Registrar of
Birth Death and Marriages.
"If this is the case the situation is far more serious. The
Bill would increase the latitude and widen the discretion of the
Registrar whom already allows "Father Unknown" to be inserted on
current Birth Certificates and names of "Other Persons" to be
used, with no audit or substantial verification checks done on
registrations, nor any confirmation from BOTH parties that the
information supplied is correct. The fact that the Department does not
apply any substantial penalties for false declaration is also a very
major cause for concern.
"Hospitals provide birth registration papers to the mother. The
new legislation opens the door for any couples that have not yet
registered the child on the Birth Certificate or who are experiencing
marital discord or who are having disagreement about the name of the
child, to have one of the parents (the mother) do as she likes with no
recourse from the father.
The Attorney General says that the new Bill will give equal
rights to children in the areas of "workers Compensation." "This
is a complete nonsense", Mr Butler said today. "Workers
Compensation is for an injured worker. The financial and economic
benefit flows to the family unit not the child through any required
legislation", he said.
In a letter to the SPCA on Friday the Attorney General said the
new law will have both their parents recognised and give equal rights
to children of same sex couples across the state, however Mr Butler
said "the fundamental fact which has been overlooked, is that
children who are brought up in same sex households are already getting
the same benefits as other children at school and other social areas
where the "other parent" has the benefits that flow through the
existing status of guardian which is used on school registrations and
other documents."
"This Bill is hastily constructed and has not considered the
Federal legislation around Child Support and Centerlink benefits",
said Mr Butler. Nor has it had wide community input - worse than these
omissions, the parents of NSW and their children, being the most
significant stakeholders, have not been consulted in this hasty rush
to legislate", Mr Butler emphasised.
The Shared Parenting Council of Australia (Children's Rights
Council of Australia) calls on all men and women of conscience to
reject and oppose the Miscellaneous Acts Amendment (Same Sex
Relationships) Bill 2008, and if required, to be prepared to exercise
their conscience vote for the safety of children, preservation of
motherhood and fatherhood and defence of marriage at the next NSW
State Election.
Ends.
For further information -
Edward Dabrowski, Federal Director, Tel. 0409 917 345
Wayne Butler, Executive Secretary, Tel. 0411 850 677
Shared Parenting Council of Australia
Footnote:
The implications of the NSW legislation and its wording are
far reaching. The legislation will:-
- Treat children as objects and property
- de -couple the child from his/her natural biological parents
- de-gender the role of "mother" and "father" by reducing them to "parents"
- Eliminate "paternity leave" altogether from State law and replace it with the de-gendered "partner leave"
- equate same sex parentage to traditional heterosexual parentage
- Deny children the truth as to who is their natural biological father
- Allow the removal of the natural biological father from the child's birth certificate by an aggrieved partner or failure of the partner to place the correct details on the originating birth certificate.
- Replace the biological father with the mother's lesbian partner on the birth certificate or other party of convenience
- Deny children a true and accurate birth record
- Create a birth certificate which is a legal fiction
- Severe the record and lineage to children's father and forefathers
- Prevent children from knowing their family of origin and knowing that part of themselves which comes from their natural father by preventing reunification with their natural father later in life
- Deny children their hereditary health information including DNA data and transplant possibilities as they will have no father recorded on their birth certificate
- Deny children their hereditary wealth by having no record of their true father on their birth certificate
- Make references to "Father" discriminatory with punitive penalties for churches, schools and faith-based educational institutions
- Weaken fathers' claims to continue joint custody of their children after separation or divorce as they enjoyed fully in law before the divorce
- Pitch mothers' female partners against true fathers as potential replacement parents, and subject children's right to their father to adversarial court contests and adjudication
The NSW Legislation will also;
- Send the wrong message that families don't require fathers
- Imply that it is okay to have "anyone on the birth certificate" and that anyone else could supplant the child's biological parent
- Weaken the standing of fathers in society and in families and in the eyes of children
- Allow greater latitude in the Family Court as to presumption of parentage with the risk of fathers having their equal shared parental responsibility and parenting time with their children usurped by a judge's deference to the mother's de-facto lesbian partner who may be presumed by a judge to be an equal or better parent.
- Single out fatherhood for special treatment - only natural fathers are removed from the child's birth certificate, not the natural mother.
- Set precedents and opens the gate to future re-assignment of parentage for children which may exclude both their natural mother and father for an alternate set of parents, even if they are less stable, unmarried or in a civil union or de-facto relationship
- Result in child-support cases that arrive from the dissolution of civil unions (same-sex divorce), which will force courts to give full faith and credit to the unions as though they were a marriage - one small step away from validating gay marriage.
- Profoundly affect Christian marriages and Christian parenting by diminishing fatherhood and reduce legal protection for the traditional family, by weakening the legal bonds of children to their natural mothers and fathers.