THE Federal Government is demanding a surrogate mother from New Zealand pay child support for the baby she had for two gay Queensland men.
The woman gave birth to the baby girl a year ago and is refusing to pay for the child's upkeep, New Zealand's Sunday Star Times reported.
The baby is being raised by her biological father and his male partner, who have gained child support benefits for the father to stay home and care for her. The couple are the child's legal guardians.
The woman has refused to talk about the case but a friend said the surrogate thought the baby's upkeep was the gay couple's responsibility.
"She's told the couple they have to sort it out as there's no way she's paying," the friend was quoted as saying.
"The deal was always that the men would sort out the legal and financial stuff."
Centrelink and the Child Support Agency confirmed they would be seeking maintenance payments from the mother.
Family law expert Mark Henaghan, dean of law at New Zealand's Otago University, said surrogates could not contract out of child support.
"Gay male couples are unable to adopt in most of Australia, which meant the surrogate's name remained on birth certificates and prevented her signing away legal rights to the child," he said.
"Guardianship was insufficient to remove the birth mother's legal duties.
"It's a blanket rule. The circumstances are irrelevant. If you are a parent, unless someone adopts a child, you are the legal parent."
In a similar case, an Auckland woman is eight months' pregnant with a son to another gay Australian couple.
Surrogacy is legal in NZ but banned in Queensland and other parts of Australia. State Parliament is expected to decide this year whether to make surrogacy legal, provided that the surrogate does not receive payment.
Do you agree with the government that the segate mother should pay child support for the child she gave birth to for two Queensland men??
Why should a woman have to pay child support for a baby she carried for 9 months for a gay couple?!?!?! If anything they should pay her, she did them the favor of carrying their child.
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No i do not agree with the government. This lady should not have to pay child support for helping someone out. She was a surrogate mother, helping two people out that cant have a baby. The two men should accept full responsablity and thank the lady for giving them a life, and nothing more (the child support).
Anyone else think this is sad that we have to discuss this. The government should have figured it out that this is a BS thing to do. Talk about looking a gift horse in the mouth.
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It is not her duty to pay child support for the two men!!! She had the child for them not for herself, she was only the serogate! She decided to carry thier baby to be a serogate not a mother! It would be a different story if she used to be married to one of the men, but since she only had the child as a serogate not a mother she should not have to pay!
This woman helped them out and now they are asking her to pay for the child? She had the child because they couldn't. It was their decision to be parents and it is their responsibility to care and pay for the child. She, being the surrogate mother, its raising the child or spending time with it. Its parents need to be paying.
Nahhh, that lady is in the clear of child support. The dudes took on the responsibility of the child when they were declared legal guardians. They should be praising that lady for giving them the kid. Without her, there's no kid for the two of them.
well, she has to follow the law. that stinks for her because she obivously doesn't want custody of the child and gave the rights to the couple. besides the fact that she gave birth to the baby, it really isn't hers. she won't be raising it and isn't really responsible for it. she shouldn't have to pay child support for a child that isn't "hers" and the couple said they would take over the legal and financial stuff for her.