History made as Nelson couple listed as 'mother' and 'mother' on birth certificate

Thursday, 3 May 2018

A lesbian couple from Nelson appear to have been issued a first for New Zealand: a birth certificate for their daughter with 'mother' and 'mother' named as parents.

Lawyer Stewart Dalley, from Auckland, represented the couple in their bid to get their daughter's birth certificate changed, as it previously read 'mother' and 'other parent'.

'For some people, 'other parent' just carries a sort of lesser standing,' Dalley said.

'It seems a more derogatory term, a 'you're the other parent, they're the real parent' sort of situation.'

It was a massive change to have the Department of Internal Affairs (DIA) amend its procedures, Dalley said, so the Nelson women could both be named as 'mother', as it also had wider implications.

'It potentially affects over 1000 children who could have their birth certificates amended now.

'And the way society is progressing, l I think the other change that's been noted is that irrespective of how a child is conceived in the future, the parents of any description will be able to select either mother, father, or parent, so that potentially impacts on transgender people …'

He said the Nelson couple, who wish to be known only as Jess and Stacy, conceived their daughter Evie using artificial reproductive technology (ART).

In August 2017, they sought to register her birth and for both women to be named as 'mother' on the birth certificate. The DIA refused their request; claiming it could only designate the gestational parent as 'mother' and her female partner as 'other parent'.

This sparked an initial complaint to the Human Rights Commission late last year, which raised the issue with the department.

Dalley said the DIA had just finalised the changes, within the last 24 hours, which saw an official change to Evie's birth certificate.

Dalley said Jess and Stacy now had a copy of the amended birth certificate and it was his understanding it marked a first for New Zealand. 

He said it also meant women who had previously been designated as 'other parent' on their child's birth certificate could contact the Department to change their child's birth certificate to name both women as 'mother' or one or both as 'parent'. Additionally, the Department had confirmed to Dalley there would be no cost to the women for this service.

He said it had been a good process with the Department.

'It could easily have been that the Department of Internal Affairs dug its heals in and then we would have had to have made a complaint to the Human Rights Review Tribunal and take two years to get through that whole process. It's been achieved through a willingness and an understanding.'

Dalley understood all parents registering a child, irrespective of how conceived, would have the option of selecting 'mother', 'father' or 'parent' as they prefer with the end-to-end process to be in place by the end of 2018.

In the meantime, a manual input would be required by the Department.

The Department of Internal Affairs has been approached for comment, along with the Human Rights Commission.