Family Law in New Zealand: The Benefits and Costs for Gay Men, Lesbians, and Their Children

Abstract

Drawing on interview data from a qualitative study that explored how gay men and lesbians create and maintain family in contemporary New Zealand society, this article highlights both the positive impacts of legislation on these families and the problems that can arise as a result of gaps in the recognition of the realities of some arrangements. The benefits of legal recognition of relationships between lesbian non-birth mothers and their children, the limited legal protection available for donor fathers (men who have donated sperm to lesbians on the understanding that they will jointly share the parenting of any resulting children), and the unintended consequences of their lack of protection for children are of particular concern. This article makes a case for further legislative reform and recommends that more than two parents should be able to be identified in law in some situations.