Federal Marriage Act

[Quinny]

This is a message I received from Carolyn, one of the main DCSG people:

Since Leonie met with the federal attorney general Philip Ruddock I have been doing some research. Ruddock will only help us as he thinks that the fed. marriage act may have some application to us.
I have gone through the federal marriage act and the only section that Ruddock says may be applicable to donor conception seems to be the section below. So we have to make a submission that uses this to say that there is a real need for all donor offspring to know who they are related to and that the best way to do this is not piecemeal, state by state but federally.
If you have any ideas as to how this could be worded that would be great. We have to have something to Ruddock before April in order that he can take it to the AG's meeting.
Maybe you could put this up on the website and ask for comments


Federal Marriage Act 1961

Part III—Void marriages

Division 2—Marriages solemnized after the commencement of section 13 of the Marriage Amendment Act 1985
 

             (2) Marriages of parties within a prohibited relationship are marriages:

                     (a)  between a person and an ancestor or descendant of the person; or

                     (b)  between a brother and a sister (whether of the whole blood or the half‑blood).

             (3)  Any relationship specified in subsection (2) includes a relationship traced through, or to, a person who is or was an adopted child, and, for that purpose, the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, of the child shall be deemed to be or to have been the natural relationship of child and parent.

             (4)  Nothing in subsection (3) makes it lawful for a person to marry a person whom the first‑mentioned person could not lawfully have married if that subsection had not been enacted.

             (5)  For the purposes of this section:

                     (a)  a person who has at any time been adopted by another person shall be deemed to remain the adopted child of that other person notwithstanding that any order by which the adoption was effected has been annulled, cancelled or discharged or that the adoption has for any other reason ceased to be effective; and

                     (b)  a person who has been adopted on more than one occasion shall be deemed to be the adopted child of each person by whom the first‑mentioned person has been adopted.

             (6)  For the purposes of this section:

adopted, in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children.

ancestor, in relation to a person, means any person from whom the first‑mentioned person is descended including a parent of the first‑mentioned person.

[Quinny]

Here is my reply. It's short but I would like people to add to it.


Donor anonymity means that thousands of people can marry a relative, in violation of the Federal Marriage Act, unknowingly. Clearly this undermines the rights of Australians to marry a non-relative. That is only the start, there is still a moral obligation not to inbreed.

Would you like to enter a loving relationship and marry only to find out later that you are related as half-siblings, or as parent-child? This is unconscionable. This would only be compounded if you had children in the relationship. Who would be held responsible for this mess?

Donor anonymity is not something that only affects people on a state by state basis. This is a national issue and needs to be addressed by a national donor registry. Anonymous donors can travel between the states, meaning that people in different states will be related. The Federal Marriage Act is not a state Act, it is a Commonwealth Act. It affects all of Australia. While donor anonymity exists, it is in violation of this Act.

[dadams]

As it is in breach of a fedral act then the matter should be addressed at a federal level. It is clear that even after protracted lobbying of the states that they will not all come into line with the federal marriage act in regards to preventing consanguity within the donor conception community. It is essential that the legislation concerning donor offspring in regards to knowing ones donor as well as all siblings from donations as well as through their "normal" relationships be harmonised across each state through federal legislation and a federal register.

[Quinny]

Great reply Damian. I'll pass it on.