Same sex couple with 175 visa...HELP!!!

[Guest claireoc]

Hey there...

this is my first time on here so hello

Quick summary of my position...I had a 175 visa granted in July 2010, I'm in a civil partnership and my partner, Michelle, is included on my visa.

I'm 33 and have always wanted to start a family..we've looked into options here in the UK and its very doable at a clinic so we were going to try for me to get pregnant.

Before we did I thought I'd look into our options regarding the visa etc

It seems if we have a baby over here we'd have to apply for a separate visa for the baby after they were born which can be time consuming and expensive..is this right?

Alternatively we could get pregnant here and go to Oz and I could have the baby there? Am I right in thinking the baby is then an Aussie citizen? That would be fine...but over here if we go through a clinic both our names go on the birth certificate..would that be the case in Oz? And if not are there any alternative to give my partner legal rights?

Option 3 is to wait and go to a clinic in Oz when we get there to look into getting pregnant...however I understand that the laws are not the same in all states..we were looking at Adelaide as our starting point? Would we as a same sex couple get access to fertility services in SA? I understand we'd have to pay, thats only the same as here.

Apologies for this being a long one..We're hoping to move to Oz ASAP but selling our house is keeping us back and now we feel all confused over all this.

Please help!!!!

Thanks, Claire:arghh:

[Guest guest4504]

Hi. I know if you have baby in UK the visa for him/her/them is very straight forward actually as that is what we had to do, and does not cost that much either. Also from the both parent on birth cert is straight forward also. I do not know the situation in Oz for same sex parents. Personally I would go with this option in UK, however, Australia may have a cheaper fertility centre than UK, I assume donor insemination ?

[Guest claireoc]

Thanks Deus

Yes we are looking into donor insemination at the moment, and although it's not cheap its straightforward. I may well go with that option then, do you have any idea how much the visa costs for the baby and how long it takes to come through? Or am I best looking on the DIAC site?

[Guest guest4504]

Hi. at the time it was about $450 I think, a couple of years ago, unless it was £450 ? You best check on DIAC. As for time it only taken around 6 weeks to come through, very easy.

[snifter]

Hello and welcome

 

OK, I don't know much about the subject but I did some research myself for you for SA. Based on what I've read if you give birth in SA both of you cannot be named on the birth certificate. I found this link, have a read of it and perhaps contact them direct for some insight.

 

http://www.letsgetequal.org.au/how_does.html

 

Based on that bit of blurb alone I'd suggest having a very careful think about giving birth in SA or getting pregnant once there. It could be a potential minefield and having to go out of state to give birth to enable you both to be on the birth certificate seems very unfair (and having given birth I can say the last thing you want to do when the size of a small planet is to travel long distance or stay away from home. Also airlines won't let you fly once past a certain stage of pregnancy etc).

 

Also have a read of this site for sperm donor rights and your partners rights. I think, reading it quickly it would favour your partner not the donor.

 

http://blogs.prideangel.com/post/2011/05/Australian-sperm-donors-legal-rights.aspx

 

But, there are buts here. According to Wikipedia (and you should verify this yourself) it would seem you would not be able to have access to fertility treatment. It lists 'ART/IVF for lesbian couples' as 'Only allowed for "medically infertile" women'

 

Here is the link to that info

 

http://en.wikipedia.org/wiki/LGBT_rights_in_Australia#Assisted_reproduction_and_surrogacy

 

I'd consider, as you have time, to try to start your family in the UK asap and use the UK system to its fullest in terms of registering both of you on the birth certificate and the donor options. If you are waiting on your house to sell and you have time on your visa, then make the most of it. Also at 33, while your fertility is still good, give it a year or two and it can drop off and be harder to conceive. I'd give yourself every chance possible and start as early as you can if you both know its what you want (this from a woman who got pregnant a few weeks before turning 37). It might not happen the first, second or third time so allow for it and give yourself time to be relaxed and in the best possible shape all round. If you get pregnant before you move it'll be good all round.

 

The cost of the visa (and from what I recall its not a huge amount cost wise) will be cheaper than any of the other options I am sure. Not that its all about costs but you know what I mean I am sure. And if you have to delay moving for 6 months, 12 months and sell your house in the meantime. then rent somewhere till baby is here and you can then make the move. I'd say its probably worth it in the long run for you.

 

OK, I think I've probably said enough to be going on with. Good luck with it all, whatever you decide. I'm only sorry SA are lagging behind a bit. Don't let it put you off Adelaide. It is a lovely quiet more laid back city and I personally love it

[Guest claireoc]

Thanks loads Snifter...I do feel sad to learn that SA is distinctly lacking in this area. We love the look of Adelaide but this may have an impact on our decision..you see I can go ahead here..but my partner who is 31 at present may want to proceed in a couple of years and it'll be awkward if we have to move state to do this. Are these laws likely to change do you think?

[snifter]

Thanks loads Snifter...I do feel sad to learn that SA is distinctly lacking in this area. We love the look of Adelaide but this may have an impact on our decision..you see I can go ahead here..but my partner who is 31 at present may want to proceed in a couple of years and it'll be awkward if we have to move state to do this. Are these laws likely to change do you think?

 

Have a read of the home page from the first link. And its other pages and news updates (there is a PDF about the legislation being proposed)

 

http://www.letsgetequal.org.au/index.php

 

It has up to date info there and a contact email addy. I'd email them direct and see what they say. Explain your situation. You may find they can tell you more than is said on the site. Also as to any info as to changes being implemented in the future. They are in a far better position than I to tell you how far off this all is. I am sure they can give you something more detailed to go on. It looks like changes are afoot but not sure quite where it all is at present.

 

Go straight to the source and the people who are there on the ground and know the ins and outs. Far better from them than me