The Gay & Lesbian Rights Lobby (GLRL) has backed calls made by the NSW Parliament Law and Justice Committee, which has recommended the removal of discrimination against same-sex couples and their children from NSW adoption laws.

In NSW at present, gay and lesbian people can apply for adoption as individuals – but not as a same-sex couple; leaving same-sex foster carers, step-parents and some gay and lesbian co-parents in a legal blackhole in relation to the legal recognition of their relationship with their children. 

“We are delighted that the majority of the Committee recognised the need to remove discrimination against same-sex couples and their children in adoption law. The majority of the Committee accepted our argument that each individual should be assessed on their capacity to provide a safe and loving home to a child, not on their sexual orientation,” said Emily Gray, GLRL Co-Convenor. 

“We call on the NSW Government to act immediately to remove this discrimination by amending the Adoption Act in line with previous same-sex reforms in NSW, elsewhere in Australia and overseas.” 

The Committee heard from same-sex couples and their children who suffered discrimination under the current laws, including a lesbian couple who were forced to choose which of their two children they would each be individually allowed to adopt. 

“No child should have to choose which one of their parents the law should recognise. The law must recognise the diversity of children’s families and ensure that each child has the legal and financial certainty which comes with the legal recognition of their family,” said GLRL Co-Convenor, Ben Keats.  

The Committee also recommended an exemption be given to faith-based organisations providing publicly-funded adoption services, allowing them to continue to discriminate against same-sex couples. 

“We are disappointed that the Committee recommended that religious-based organisations should be able to operate outside of anti-discrimination laws, despite being taxpayer funded to provide secular adoption services. If an exemption is provided to religious organisations, we call on the NSW Government to ensure the qualifications recommended by the Committee are implemented, including the compulsory referral of same-sex couples to other non-discriminatory agencies.”

Same-sex adoption is currently permitted in Western Australia, the Australian Capital Territory, and in some circumstances in Tasmania. Overseas countries permitting same-sex adoption include Belgium, Iceland, Israel, Netherlands, Norway, Spain, Sweden, South Africa, the United Kingdom, as well as some parts of Canada and the United States.