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The South Australian Parliament has passed reforms aimed at improving how parental roles are recorded on birth certificates for rainbow families.

The Births, Deaths and Marriages Registration (Birth Certificates) Amendment Bill was passed by 33 votes to 8, marking a significant shift in how non-birth parents can be recognised on official documents.

Under the changes, non-birth legal parents鈥攃urrently listed as the 鈥渙ther parent鈥� under existing law鈥攚ill now be able to select 鈥渕other,鈥� 鈥渇ather,鈥� or 鈥減arent鈥� on their child鈥檚 birth certificate. The reforms also apply retrospectively, allowing these options to be updated for children born before the legislation was passed.

However, the legislation stops short of extending the same flexibility to birth parents. People who give birth must still be recorded as 鈥渕other鈥� on birth certificates, meaning trans men and non-binary people who give birth are not able to be registered as 鈥渇ather鈥� or 鈥減arent鈥� under the new system.

鈥淭his is another positive advancement for LGBTI rights in South Australia,” said Greens politician Robert Simms, adding that there is still work to do to modernise birth certificates in SA to better reflect the diversity of family structures. “More than a decade has passed since our state finally changed the law to allow women in same-sex relationships to both be included on their child鈥檚 birth certificate but only as mother and co-parent. In recent years, same-sex mothers who are seeking to have their status as mothers equally recognised on their child鈥檚 birth certificate. Irrespective of whether or not they give birth to the child, both parents should have the right to be acknowledged as mothers, reflecting the reality of their family structure and relationship with their child. Finally, we have changed the law to give these mothers that right.”

Birth certificates are widely used in everyday life, including for enrolment in schools, participation in sports clubs, and accessing government services. Advocates argue they should accurately reflect the family structures in which children are raised and cared for.

While the reforms have been welcomed as an important step forward for recognition of rainbow families, advocates say further change is still needed to ensure all parents are represented in ways that align with their gender identity and lived experience.

鈥淭his bill is a positive step forward for rainbow families in South Australia,” said Jess Cronin, from Rainbow Families SA. “My partner and I were fortunate to have our children in the ACT, where we are both recognised as equal parents on their birth certificates. Had our children been born in South Australia, as the birth mother, only I would have been recognised in this way. We moved back to South Australia when our youngest child was eight weeks old. Had he been born just eight weeks later, we would not have had that same legal recognition on his birth certificate here in South Australia.

We are equal mothers to our two children, and that is exactly how they see us. That is the reality for many rainbow families whose children have been born in South Australia, and they deserve to have that reality reflected on one of their children鈥檚 most important legal documents 鈥� their birth certificates.”