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The same-sex marriage law became effective from 19 August , and since then married same-sex couples have been able to adopt children jointly. Unmarried couples of any sex and couples in a civil union can jointly adopt children following a New Zealand High Court ruling in December She argued following the enactment of civil unions in particular that eligible lesbian and gay prospective parents should be enabled to legally adopt.
Many lesbian couples are now raising children in New Zealand. Where these children are conceived through donor sperm insemination, both partners are recognised on the children's birth certificates the birth mother as "mother", the other mother as "other parent". Fostering and guardianship are also recognised under New Zealand law and regulation, and reproductive technology has been accessible since The donor is not recognised as a legal parent in New Zealand law.
However, parents and donors can make formal agreements as to how things will work but the courts do have flexibility as to whether they recognise these agreements or not, under section 41 of the Care of Children Act Lesbian women who have trouble conceiving using private donor insemination may be eligible, as other New Zealand women are, to help through publicly funded fertility treatment. However, there are conditions on this and every woman needing fertility treatment is scored as to her eligibility. Now passed, the current Marriage Definition of Marriage Amendment Act enables eligible married same-sex parents to adopt children as there is a clause to that effect contained therein.
However, known-relative adoptions in New Zealand have outnumbered stranger adoptions since the mids; between and , there were 18 known-relative and stepchild adoptions for every 10 stranger adoptions. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act.
New Zealand passes law to erase historical gay sex convictions
Article 27 2 of the Act reads as follows: [31]. Nothing in section 22 [which concerns employment matters] shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household. Some examples of discrimination sometimes still occur.
In January , news headlines were made by a sperm bank's policy of refusing donations from gay men.
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In March , the policy was amended. In New Zealand it has been legal for gay, lesbian, bisexual and transgender persons to serve in the military since New Zealand's Human Rights Act ended most forms of employment discrimination against lesbians, gay men and bisexuals. New Zealand military leaders did not oppose the end of military service discrimination. In , the Crimes Provocation Repeal Amendment Act was enacted to repeal sections and The bill was introduced to Parliament in August by Justice Minister Simon Power , although its introduction was largely stemmed from the trial for the murder of Sophie Elliott by her ex-boyfriend, rather than the LGBT community.
The repeal bill received wide parliamentary and public support, and passed its third reading on 26 November , votes to 5 with only ACT New Zealand opposed, and became effective on 8 December Sex reassignment surgery is legal in New Zealand. However, in June , the Family Court ruled that full sex reassignment surgeries are not always necessary to meet this legal threshold.
Sex reassignment surgeries take place largely in private hospitals or overseas. In the s, New Zealand was dubbed a "world leader" for such operations, with comparatively low cost and relaxed public attitudes. In , however, the country's only specialist surgeon retired, leaving transgender people seeking such operations in a state of limbo. Several chose to join the waiting list for publicly funded surgeries, which are limited to only four every two years three for male to female, and one for female to male , or to go abroad. In October , the Government announced its intention to increase the number of publicly funded operations.
At that time, there were people on the waiting list, meaning some had to wait up to 50 years. The New Zealand Human Rights Commission noted in its report on the status of human rights in New Zealand that transgender and non-binary people in New Zealand face discrimination in several aspects of their lives, however, the law is unclear on the legal status of discrimination based on gender identity.
Whilst it is believed that gender identity is protected under the laws preventing discrimination on the basis of either sex or sexual orientation, [46] it is not known how this applies to those who have not had, or will not have, sex reassignment surgery. While there is some inconsistent international case law, it has been noted that gender identification and sexual orientation are too unrelated for this to be suitable.
The International Commission of Jurists and the International Service for Human Rights in created the Yogyakarta Principles to apply international human rights law to gender identity and sexual orientation. The first and most arguably most important is that human rights are available to all humans, regardless of gender identity, and that states should amend legislation "to ensure its consistency with the universal enjoyment of all human rights. This report suggested that transgender people were "one of the most marginalised groups" in New Zealand, leading the Human Rights Commission to publish a comprehensive inquiry entitled "To Be Who I Am" in , which outlined some of the concerns listed below.
On 10 August , the Government Administration Select Committee discussed the Births, Deaths, Marriages, and Relationships Registration Bill , [52] which was introduced on 10 August and would amend New Zealand laws relating to legal sex changes. The committee recommended allowing adults to change sex by submitting a statutory declaration saying they intend to continue to identify as a person of the chosen sex and understand the consequences of the application.
No medical evidence would be required.
LGBT rights in New Zealand - Wikipedia
Minors aged 16 and 17 would be able to do this with the consent of their guardian, confirmation from a health professional that they understand the consequences of the application and that the change is in their interests. The committee also recommended including gender options such as intersex and X unspecified. New Zealand laws and policies that prohibit female genital mutilation explicitly permit "normalising" medical interventions on intersex infants and girls. New Zealand passports are available with an "X" sex descriptor. Conversion therapy, the pseudoscientific practice of trying to change an individual's sexual orientation from homosexual or bisexual to heterosexual using psychological, physical, or spiritual interventions, is not outlawed in New Zealand.
There is no reliable evidence that sexual orientation can be changed and medical institutions warn that conversion therapy practices are ineffective and potentially harmful. In August , Justice Minister Andrew Little announced that a conversion therapy ban could be considered as part of a reform to the Human Rights Act It foresees 6—12 months imprisonment and a fine of between and 10, New Zealand dollars for offenders. In the Justice Select Committee reviewed petitions to ban conversion therapy.
Prime Minister Jacinda Ardern expressed concerns about the impact conversion therapy could have on vulnerable youth, but said the committee would be "keeping in mind that there will be those who perceive that it's a part of their freedom of expression within their religion". In particular, thought must be given to how to define conversion therapy, who the ban would apply to, and how to ensure that rights relating to freedom of expression and religion were maintained". Recent reports have shown that conversion therapy is "widespread" in New Zealand, including the practise of exorcism , therapy, drugs or other means.
Michael Bailey say there is little scientific evidence to support the efficacy of conversion therapy. While people may claim to have changed their orientation through such interventions often due to pressure or shame, their underlying orientation remains the same. The New Zealand Blood Service NZBS , like many countries, controversially defers any man who has had oral or anal intercourse with another man, with or without protection, in the past twelve months from donating blood, which is taken to be discrimination against gay men. Gay rights were a major political issue during the Homosexual Law Reform debates, but have subsequently become much less so.
The Civil Union Act was opposed by nearly half of Parliament, but in tones much more restrained than that of the Homosexual Law Reform era. There has been a succession of unsuccessful fundamentalist Christian political parties in New Zealand or socially conservative political parties less sympathetic to LGBT rights since the introduction of electoral reform in made proportional representation possible. The Destiny political party, founded to bring "Christian morality" into politics, received only 0.
Christian Heritage New Zealand polled 4. Currently, the officially secular Conservative Party of New Zealand , which has yet to gain parliamentary representation, appeals to voters in this area. A number of openly gay or lesbian politicians have served in New Zealand's Parliament. The first to be elected was Chris Carter , who became the first openly gay MP when he came out shortly after the election.
Carter united in civil union to his long-time partner of thirty-three years, Peter Kaiser, on 10 February , [88] in the first civil union for a cabinet minister or member of parliament since civil unions in New Zealand were introduced after legislation was passed in December Tim Barnett was the first MP to be elected as an openly gay man, in the election. She was also the President of the Labour Party between and However, the National Party 's Marilyn Waring had preceded Street, and while she was outed at one point, Waring's strong pro-choice identification and vocal feminism overshadowed her lesbianism, which was then considered a private matter.
Since she left Parliament in , Waring has more openly acknowledged her sexual orientation. Georgina Beyer became the first transgender mayor in the world when she became the Mayor of Carterton in