The Law Handbook 2024

282 Section 4: Relationships, families and young people semen is presumed for all purposes not to be the father, whether or not he is known to either woman. It can also be derived from the case law that although there is scope for sperm donors to be considered parents, the circumstances in which this will occur are rare. Commonwealth legislation FL Act 2008 amendments The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) amended the FL Act with two major reforms. First, it brought de facto (redefined to include same-sex couples) property matters within the jurisdiction of the Family Court (now called the Federal Circuit and Family Court of Australia) ( FCFCOA ). Couples who separated before 2 March 2009 can opt into the jurisdiction of the FCFCOA by consent. Among other advantages, this now enables same-sex and heterosexual de facto couples to benefit from the superannuation splitting provisions of the FL Act and to have the care and control of a child of the relationship taken into account in property settlements and maintenance (ss 60 EA, 60HA, 60H(1), 90RB, 90SF FL Act). Second, the amended FL Act now conclusively presumes that the non-birth mother (‘the intended parent’) of a child born through artificial conception procedures is the parent of the child (s 60H(1)). In relation to surrogacy, if a court has made a substituted parentage order, then the child is the child of the parents named in that order (s 60HB(1)). On 1 September 2018, the Family Law Amendment (Family Violence and Other Measures) Act 2018 (Cth) commenced. This Act seeks to improve the capacity of the justice system to provide effective outcomes for vulnerable members of the community who are experiencing family violence. The family law system’s response to family violence as well as to child protection systems has been enhanced by this Act. Having the same name There is no legal barrier to adults choosing to have the same surname, regardless of whether they are in any type of relationship. Doing so has no legal effect on the status of the relationship but it may remove a lot of practical difficulties, particularly for de facto couples (in such matters as hospital benefits, making contracts, obtaining a loan), simply because there is likely to be less explaining to do. You can change your surname by applying to Births, Deaths and Marriages Victoria. Information and forms may also be obtained and lodged via the Births, Deaths and Marriages website (www.bdm.vic. gov.au) . (For further information, see Chapter 4.5: Changing your name.) The surname of children of a de facto relationship is also discussed in Chapter 4.5: Changing your name. Note, however, that one parent cannot change the legal first name or surname of a child without the other parent’s consent or a court order. See ‘Registering children conceived with reproductive assistance and through surrogacy arrangements’, below, for information on registration of children born to same-sex parents. In Zalsman and Blendall [2020] FamCA 292, the applicant mother filed an initiating application seeking a change of surname for her four children. Themother wanted her children to adopt her surname and not have the surname of their biological father, Mr Blendall. At the time of the hearing, the mother had sole parental responsibility of the children. Also, an intervention order was in force against the father due to significant domestic violence perpetrated by Mr Blendall. Evidence was given by all four children that they wished to change their surname so they would no longer have a surname that they associated with an abusive past. As the court found that a change of surname was in the best interests of the children, it granted the orders sought. In contrast, in the case of Howells and Parry [2021] FamCA 414, an application by the father to change the surname of the child (Z) was dismissed as the court was not satisfied that the change of name was necessary or in the child’s best interests. Also, there was no significant confusion that would be allayed by changing the child’s surname, and no pressing need that would outweigh the practical difficulties caused by the change. Having children Choices for pregnant women A woman who becomes pregnant has choices. If she decides tohave the child, she is under no legal obligation to tell the man with whom she became pregnant. If she seeks financial assistance from Centrelink,