LGBT rights in Australia
State/Territory Same-sex couple joint petition Individual adoption ( LGBT or non-LGBT ) Same-sex stepparent adoption Altruistic surrogacy for same-sex couples
Australian Capital Territory Yes ( Since 2004 ) Yes ( Since 1993 ) Yes ( Since 2004 ) Yes
New South Wales and Norfolk Island Yes ( Since 2010 ) Yes ( Since 2000 ) Yes ( Since 2010 ) Yes
Northern Territory Yes ( Since 2018 ) ( in exceptional circumstances ) Yes ( Since 2018 ) ( Law is silent on any surrogacy )
Queensland Yes ( Since 2016 ) Yes ( Since 2016 ) Yes ( Since 2016 ) Yes ( Since 2010 )
South Australia Yes ( Since 2017 ) ( in special circumstances ) Yes ( Since 2017 ) Yes
Tasmania Yes ( Since 2013 ) Yes Yes ( Since 2004 ) Yes
Victoria Yes ( Since 2016 ) Yes Yes ( Since 2007 ) Yes
Western Australia Yes ( Since 2002 ) Yes Yes ( Since 2002 ) No ( only such ban in Australia ; bill pending to remove ban )
Adoption and parenting
Main article : LGBT adoption and parenting in Australia States and territories make laws with respect to adoption and child-rearing . Since April 2018 , same-sex couples can adopt children in all jurisdictions in Australia . [ 89 ] The 2011 Australian census counted 6,300 children living in same-sex couple families , up from 3,400 in 2001 , make up one in a thousand of all children in couple families ( 0.1% ) . [ 90 ] Altruistic surrogacy is legal in all Australian jurisdictions - except Western Australia ( where it is legal for heterosexual couples but illegal for singles and same-sex couples ) . Commercial surrogacy is banned nationwide . The Northern Territory has no laws on surrogacy at all . [ 91 ] In recent years , a dramatic increase in the use of overseas surrogacy programs has occurred amongst both same-sex and opposite-sex couples , creating some unique legal concerns with respect to citizenship and parenting rights . [ 92 ] [ 93 ] [ 94 ] It is believed that only 1 in 20 surrogacy arrangements occur in Australia , with almost all involving foreign surrogates mainly from Southeast Asia and the United States . [ 95 ] Assisted reproductive technology/treatment ( ART ) is accessible to same-sex couples in all states and territories , with South Australia being the final jurisdiction to pass such a law , in March 2017 . Female same-sex partners of mothers are usually considered the automatic co-parent of the child ( ren ) born as a result of assisted reproduction .
Lesbian, gay, bisexual and transgender (LGBT) rights in Australia have advanced since the late-twentieth century. LGBT people in Australia are afforded protection from discrimination and are equally regarded as individuals who possess the same rights and responsibilities as others. Australia is a federation, with most laws affecting LGBT and intersex rights made by its states and territories. Between 1975 and 1997, the states and territories progressively repealed anti-homosexuality laws that dated back to the days of the British Empire. Since 2016, each jurisdiction has an equal age of consent for all sexual acts. All jurisdictions offer expungement schemes to clear the criminal records of people charged or convicted for consensual sexual acts that are no longer illegal. Australia legalised same-sex marriage on 9 December 2017. States and territories began granting domestic partnership benefits and relationship recognition to same-sex couples from 2003 onwards, with federal law recognising same-sex couples since 2009 as de facto relationships. Alongside marriage, same-sex relationships may be recognised by states or territories in various ways, including through civil unions, domestic partnerships, registered relationships and/or as unregistered de facto relationships. Joint and stepchild same-sex adoption is legal nationwide, with the Northern Territory the last jurisdiction to pass an adoption equality law in March 2018. Discrimination on the basis of sexual orientation and gender identity or expression is prohibited in every state and territory, with concurrent federal protections for sexual orientation, gender identity and intersex status since 1 August 2013. Transgender rights in Australia and intersex rights in Australia vary between jurisdictions, with some states requiring a person to undergo sex reassignment surgery before changing the legal sex on official records such as birth certificates.