24 June 2010 - New bill promises adoption equality for same-sex couples

The NSW Gay and Lesbian Rights Lobby (GLRL) welcomes the introduction of the Adoption Amendment (Same-Sex Couples) Bill which promotes the best interests of children living in same-sex families by proposing amendments to the NSW Adoption Act to allow same-sex couples eligibility to adopt. 

If passed, this Bill will remove last piece of direct legislative discrimination against same-sex couples in NSW.  

The Bill implements the recommendations made by the NSW Law and Justice Committee’s parliamentary inquiry in 2009, by amending heterosexual definitions of ‘de facto’, ‘partner’ and ‘spouse’, giving all couples, regardless of their sexual orientation, the eligibility to adopt.  

The Bill also amends step parent adoption provisions that will allow for the legal recognition of same-sex step parents.  

Kellie McDonald, GLRL Convenor, noted, “Same-sex couples, like all other prospective adoptive parents, should be judged on their individual merits and their capacity to provide a loving and stable home for a child. Sexual orientation is not a meaningful indicator of parenting ability”.  

Senthorun Raj, GLRL Policy and Development Coordinator, emphasised, “The proposed amendments to the Adoption Act furthers the welfare of children by enabling existing same-sex families to be legally recognised.”  

Ms McDonald added, “These amendments will enable same-sex couples to apply to become legal parents of children in their care, giving their children access to rights and entitlements such as a parent’s superannuation or worker’s compensation if their parent is injured at work”. 

The Bill also ends an inconsistent Government approach to parenting in NSW. Mr Raj noted, “Gay or lesbian individuals are eligible to adopt and same-sex couples are encouraged to foster children, but they are unable to adopt as a couple. The Adoption Amendment (Same-Sex Couples) Bill remedies these glaring inconsistencies.”

 The GLRL is calling on all NSW parliamentarians to act in the best interests of children by supporting the proposed legislative amendments to the Adoption Act.