In a recent decision Gornik and Thorburn  FCWA 77 the Family Court of Western Australia confirmed that after separation, both the biological and non-biological gay dad start on an equal legal footing when it comes to rights re caring for and spending time with the child. Sometimes, non-biological dads mistakenly feel that they have less legal rights. This case confirms once again that both gay dads start on an equal basis. The test is not who is the biological father but rather, whether one or both dads are “concerned with the care, welfare or development” of the child. That is not to say that equal care will be ordered. That’s a matter of determining what is in the best interests of the child- as in all children’s cases.