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Gay and Lesbian Rights Lobby - Adoption and parenting orders

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Adoption and parenting orders In 2010, the NSW Parliament amended the Adoption Act 2000 (NSW) to allow same-sex couples the opportunity to apply for adoption. Same-sex de facto couples are now treated in the same way as opposite-sex de facto couples in adoption laws in NSW. For families who are still not covered by these or other laws, parenting orders via the Family Court are still an option for some limited but important legal recognition. What are the changes to adoption law? The Adoption Act 2000 changed to include same-sex couples in the definition of "couple." This means that lesbian and gay people can apply to adopt a child as an individual or as a couple and be recognised for all legal purposes as that child’s legal parents. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else. These requirements including:being of “good repute” and “fit and proper persons” to fulfil the responsibilities of a parent; having lived together continuously for 2 years; and being at least 21 years old and at least 18 years older than the child to be adopted, except in special circumstances. For step-parents, additional requirements must also be met, including: the step-child must be at least 5 years old; the step-parent must have lived with the child and their parent continuously for 2 years; specific consent must be given to the adoption by certain persons (such as the legal parents, including the person whose rights will be replaced by the step-parent, and the child in some cases); and the Supreme Court of NSW must be satisfied that an adoption order is preferable to any another legal action that could be taken (for example, having a parenting order granted by the Family Court, see below). Who will the changes affect? These changes will affect same-sex couples in a range of situations, including: couples caring for foster children who want to adopt these children; couples who want to adopt an "unknown" child (see below); and step-parents who are caring for their partner’s child (this may depend on the consent of the other parent of the child, if there is one). What other changes were made? The law clarified that birth parents of a child must be given information about the prospective adoptive parents before an adoption order can be made (including information about whether the prospective parents are in a same-sex relationship). Birth parents can also express their wishes about who they would like to adopt the child. Faith-based organisations have an exemption from the operation of NSW anti-discrimination law. Adoption agencies that are part of religious organisations can refuse to assess same-sex couples for adoption of a child, and there is no legal recourse. However, Barnardos and the Benevolent Society have stated that they will assess same sex couples for adoption. DOCS will also assess same-sex couples. What about unknown adoption? Same-sex couples can now be considered for the adoption an "unknown" child. However, the majority of adoptions in Australia are of children from overseas. Unfortunately, no country with which Australia has an overseas adoption arrangement currently allows same-sex couples to adopt. Therefore, currently, same-sex couples in NSW are only eligible to be considered for the very small number of local children placed for adoption. Parenting orders made by the Family Court Some same-sex families still are not recognised by the law – for example, families where there are more than two parents co-parenting equally or families created through overseas commercial surrogacy. For these families, parenting orders via the Family Court can provide limited but important recognition. Where it is in the best interests of a child, the Family Court can make parenting orders, including granting “parental responsibility” to any person concerned with the care, welfare and development of a child. This grants a person the authority to make decisions on behalf of a child, such as in relation to their health, welfare and schooling. Where can I get more information? The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. See also the GLRL’s website (www.glrl.org.au) for up-to-date information. Adoption and Permanent Care Services in Community Services NSW can assist with adoption enquiries. Phone: (02) 9716 3000.
Adoption and parenting orders In 2010, the NSW Parliament amended the Adoption Act 2000 (NSW) to allow same-sex couples the opportunity to apply for adoption. Same-sex de facto couples are now treated in the same way as opposite-sex de facto couples in adoption laws in NSW. For families who are still not covered by these or other laws, parenting orders via the Family Court are still an option for some limited but important legal recognition. What are the changes to adoption law? The Adoption Act 2000 changed to include same-sex couples in the definition of "couple." This means that lesbian and gay people can apply to adopt a child as an individual or as a couple and be recognised for all legal purposes as that child’s legal parents. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else. These requirements including:being of “good repute” and “fit and proper persons” to fulfil the responsibilities of a parent; having lived together continuously for 2 years; and being at least 21 years old and at least 18 years older than the child to be adopted, except in special circumstances. For step-parents, additional requirements must also be met, including: the step-child must be at least 5 years old; the step-parent must have lived with the child and their parent continuously for 2 years; specific consent must be given to the adoption by certain persons (such as the legal parents, including the person whose rights will be replaced by the step-parent, and the child in some cases); and the Supreme Court of NSW must be satisfied that an adoption order is preferable to any another legal action that could be taken (for example, having a parenting order granted by the Family Court, see below). Who will the changes affect? These changes will affect same-sex couples in a range of situations, including: couples caring for foster children who want to adopt these children; couples who want to adopt an "unknown" child (see below); and step-parents who are caring for their partner’s child (this may depend on the consent of the other parent of the child, if there is one). What other changes were made? The law clarified that birth parents of a child must be given information about the prospective adoptive parents before an adoption order can be made (including information about whether the prospective parents are in a same-sex relationship). Birth parents can also express their wishes about who they would like to adopt the child. Faith-based organisations have an exemption from the operation of NSW anti-discrimination law. Adoption agencies that are part of religious organisations can refuse to assess same-sex couples for adoption of a child, and there is no legal recourse. However, Barnardos and the Benevolent Society have stated that they will assess same sex couples for adoption. DOCS will also assess same-sex couples. What about unknown adoption? Same-sex couples can now be considered for the adoption an "unknown" child. However, the majority of adoptions in Australia are of children from overseas. Unfortunately, no country with which Australia has an overseas adoption arrangement currently allows same-sex couples to adopt. Therefore, currently, same-sex couples in NSW are only eligible to be considered for the very small number of local children placed for adoption. Parenting orders made by the Family Court Some same-sex families still are not recognised by the law – for example, families where there are more than two parents co-parenting equally or families created through overseas commercial surrogacy. For these families, parenting orders via the Family Court can provide limited but important recognition. Where it is in the best interests of a child, the Family Court can make parenting orders, including granting “parental responsibility” to any person concerned with the care, welfare and development of a child. This grants a person the authority to make decisions on behalf of a child, such as in relation to their health, welfare and schooling. Where can I get more information? The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. See also the GLRL’s website (www.glrl.org.au) for up-to-date information. Adoption and Permanent Care Services in Community Services NSW can assist with adoption enquiries. Phone: (02) 9716 3000.
Adoption and parenting orders
In 2010, the NSW Parliament amended the Adoption Act 2000 (NSW) to allow same-sex couples the opportunity to apply for adoption. Same-sex de facto couples are now treated in the same way as opposite-sex de facto couples in adoption laws in NSW. For families who are still not covered by these or other laws, parenting orders via the Family Court are still an option for some limited but important legal recognition. What are the changes to adoption law? The Adoption Act 2000 changed to include same-sex couples in the definition of "couple." This means that lesbian and gay people can apply to adopt a child as an individual or as a couple and be recognised for all legal purposes as that child’s legal parents. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else. These requirements including:being of “good repute” and “fit and proper persons” to fulfil the responsibilities of a parent; having lived together continuously for 2 years; and being at least 21 years old and at least 18 years older than the child to be adopted, except in special circumstances. For step-parents, additional requirements must also be met, including: the step-child must be at least 5 years old; the step-parent must have lived with the child and their parent continuously for 2 years; specific consent must be given to the adoption by certain persons (such as the legal parents, including the person whose rights will be replaced by the step-parent, and the child in some cases); and the Supreme Court of NSW must be satisfied that an adoption order is preferable to any another legal action that could be taken (for example, having a parenting order granted by the Family Court, see below). Who will the changes affect? These changes will affect same-sex couples in a range of situations, including: couples caring for foster children who want to adopt these children; couples who want to adopt an "unknown" child (see below); and step-parents who are caring for their partner’s child (this may depend on the consent of the other parent of the child, if there is one). What other changes were made? The law clarified that birth parents of a child must be given information about the prospective adoptive parents before an adoption order can be made (including information about whether the prospective parents are in a same-sex relationship). Birth parents can also express their wishes about who they would like to adopt the child. Faith-based organisations have an exemption from the operation of NSW anti-discrimination law. Adoption agencies that are part of religious organisations can refuse to assess same-sex couples for adoption of a child, and there is no legal recourse. However, Barnardos and the Benevolent Society have stated that they will assess same sex couples for adoption. DOCS will also assess same-sex couples. What about unknown adoption? Same-sex couples can now be considered for the adoption an "unknown" child. However, the majority of adoptions in Australia are of children from overseas. Unfortunately, no country with which Australia has an overseas adoption arrangement currently allows same-sex couples to adopt. Therefore, currently, same-sex couples in NSW are only eligible to be considered for the very small number of local children placed for adoption. Parenting orders made by the Family Court Some same-sex families still are not recognised by the law – for example, families where there are more than two parents co-parenting equally or families created through overseas commercial surrogacy. For these families, parenting orders via the Family Court can provide limited but important recognition. Where it is in the best interests of a child, the Family Court can make parenting orders, including granting “parental responsibility” to any person concerned with the care, welfare and development of a child. This grants a person the authority to make decisions on behalf of a child, such as in relation to their health, welfare and schooling. Where can I get more information? The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. See also the GLRL’s website (www.glrl.org.au) for up-to-date information. Adoption and Permanent Care Services in Community Services NSW can assist with adoption enquiries. Phone: (02) 9716 3000.

Adoption and parenting orders In 2010, the NSW Parliament amended the Adoption Act 2000 (NSW) to allow same-sex couples the opportunity to apply for adoption. Same-sex de facto couples are now treated in the same way as opposite-sex de facto couples in adoption laws in NSW. For families who are still not covered by these or other laws, parenting orders via the Family Court are still an option for some limited but important legal recognition. What are the changes to adoption law? The Adoption Act 2000 changed to include same-sex couples in the definition of "couple." This means that lesbian and gay people can apply to adopt a child as an individual or as a couple and be recognised for all legal purposes as that child’s legal parents. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else. These requirements including:being of “good repute” and “fit and proper persons” to fulfil the responsibilities of a parent; having lived together continuously for 2 years; and being at least 21 years old and at least 18 years older than the child to be adopted, except in special circumstances. For step-parents, additional requirements must also be met, including: the step-child must be at least 5 years old; the step-parent must have lived with the child and their parent continuously for 2 years; specific consent must be given to the adoption by certain persons (such as the legal parents, including the person whose rights will be replaced by the step-parent, and the child in some cases); and the Supreme Court of NSW must be satisfied that an adoption order is preferable to any another legal action that could be taken (for example, having a parenting order granted by the Family Court, see below). Who will the changes affect? These changes will affect same-sex couples in a range of situations, including: couples caring for foster children who want to adopt these children; couples who want to adopt an "unknown" child (see below); and step-parents who are caring for their partner’s child (this may depend on the consent of the other parent of the child, if there is one). What other changes were made? The law clarified that birth parents of a child must be given information about the prospective adoptive parents before an adoption order can be made (including information about whether the prospective parents are in a same-sex relationship). Birth parents can also express their wishes about who they would like to adopt the child. Faith-based organisations have an exemption from the operation of NSW anti-discrimination law. Adoption agencies that are part of religious organisations can refuse to assess same-sex couples for adoption of a child, and there is no legal recourse. However, Barnardos and the Benevolent Society have stated that they will assess same sex couples for adoption. DOCS will also assess same-sex couples. What about unknown adoption? Same-sex couples can now be considered for the adoption an "unknown" child. However, the majority of adoptions in Australia are of children from overseas. Unfortunately, no country with which Australia has an overseas adoption arrangement currently allows same-sex couples to adopt. Therefore, currently, same-sex couples in NSW are only eligible to be considered for the very small number of local children placed for adoption. Parenting orders made by the Family Court Some same-sex families still are not recognised by the law – for example, families where there are more than two parents co-parenting equally or families created through overseas commercial surrogacy. For these families, parenting orders via the Family Court can provide limited but important recognition. Where it is in the best interests of a child, the Family Court can make parenting orders, including granting “parental responsibility” to any person concerned with the care, welfare and development of a child. This grants a person the authority to make decisions on behalf of a child, such as in relation to their health, welfare and schooling. Where can I get more information? The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. See also the GLRL’s website (www.glrl.org.au) for up-to-date information. Adoption and Permanent Care Services in Community Services NSW can assist with adoption enquiries. Phone: (02) 9716 3000.
Adoption and parenting orders
In 2010, the NSW Parliament amended the Adoption Act 2000 (NSW) to allow same-sex couples the opportunity to apply for adoption. Same-sex de facto couples are now treated in the same way as opposite-sex de facto couples in adoption laws in NSW. For families who are still not covered by these or other laws, parenting orders via the Family Court are still an option for some limited but important legal recognition. What are the changes to adoption law? The Adoption Act 2000 changed to include same-sex couples in the definition of "couple." This means that lesbian and gay people can apply to adopt a child as an individual or as a couple and be recognised for all legal purposes as that child’s legal parents. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else. These requirements including:being of “good repute” and “fit and proper persons” to fulfil the responsibilities of a parent; having lived together continuously for 2 years; and being at least 21 years old and at least 18 years older than the child to be adopted, except in special circumstances. For step-parents, additional requirements must also be met, including: the step-child must be at least 5 years old; the step-parent must have lived with the child and their parent continuously for 2 years; specific consent must be given to the adoption by certain persons (such as the legal parents, including the person whose rights will be replaced by the step-parent, and the child in some cases); and the Supreme Court of NSW must be satisfied that an adoption order is preferable to any another legal action that could be taken (for example, having a parenting order granted by the Family Court, see below). Who will the changes affect? These changes will affect same-sex couples in a range of situations, including: couples caring for foster children who want to adopt these children; couples who want to adopt an "unknown" child (see below); and step-parents who are caring for their partner’s child (this may depend on the consent of the other parent of the child, if there is one). What other changes were made? The law clarified that birth parents of a child must be given information about the prospective adoptive parents before an adoption order can be made (including information about whether the prospective parents are in a same-sex relationship). Birth parents can also express their wishes about who they would like to adopt the child. Faith-based organisations have an exemption from the operation of NSW anti-discrimination law. Adoption agencies that are part of religious organisations can refuse to assess same-sex couples for adoption of a child, and there is no legal recourse. However, Barnardos and the Benevolent Society have stated that they will assess same sex couples for adoption. DOCS will also assess same-sex couples. What about unknown adoption? Same-sex couples can now be considered for the adoption an "unknown" child. However, the majority of adoptions in Australia are of children from overseas. Unfortunately, no country with which Australia has an overseas adoption arrangement currently allows same-sex couples to adopt. Therefore, currently, same-sex couples in NSW are only eligible to be considered for the very small number of local children placed for adoption. Parenting orders made by the Family Court Some same-sex families still are not recognised by the law – for example, families where there are more than two parents co-parenting equally or families created through overseas commercial surrogacy. For these families, parenting orders via the Family Court can provide limited but important recognition. Where it is in the best interests of a child, the Family Court can make parenting orders, including granting “parental responsibility” to any person concerned with the care, welfare and development of a child. This grants a person the authority to make decisions on behalf of a child, such as in relation to their health, welfare and schooling. Where can I get more information? The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. See also the GLRL’s website (www.glrl.org.au) for up-to-date information. Adoption and Permanent Care Services in Community Services NSW can assist with adoption enquiries. Phone: (02) 9716 3000.

Adoption and parenting orders

In 2010, the NSW Parliament amended the Adoption Act 2000 (NSW) to allow same-sex couples the opportunity to apply for adoption. Same-sex de facto couples are now treated in the same way as opposite-sex de facto couples in adoption laws in NSW. For families who are still not covered by these or other laws, parenting orders via the Family Court are still an option for some limited but important legal recognition. What are the changes to adoption law? The Adoption Act 2000 changed to include same-sex couples in the definition of "couple." This means that lesbian and gay people can apply to adopt a child as an individual or as a couple and be recognised for all legal purposes as that child’s legal parents. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else. These requirements including:being of “good repute” and “fit and proper persons” to fulfil the responsibilities of a parent; having lived together continuously for 2 years; and being at least 21 years old and at least 18 years older than the child to be adopted, except in special circumstances. For step-parents, additional requirements must also be met, including: the step-child must be at least 5 years old; the step-parent must have lived with the child and their parent continuously for 2 years; specific consent must be given to the adoption by certain persons (such as the legal parents, including the person whose rights will be replaced by the step-parent, and the child in some cases); and the Supreme Court of NSW must be satisfied that an adoption order is preferable to any another legal action that could be taken (for example, having a parenting order granted by the Family Court, see below). Who will the changes affect? These changes will affect same-sex couples in a range of situations, including: couples caring for foster children who want to adopt these children; couples who want to adopt an "unknown" child (see below); and step-parents who are caring for their partner’s child (this may depend on the consent of the other parent of the child, if there is one). What other changes were made? The law clarified that birth parents of a child must be given information about the prospective adoptive parents before an adoption order can be made (including information about whether the prospective parents are in a same-sex relationship). Birth parents can also express their wishes about who they would like to adopt the child. Faith-based organisations have an exemption from the operation of NSW anti-discrimination law. Adoption agencies that are part of religious organisations can refuse to assess same-sex couples for adoption of a child, and there is no legal recourse. However, Barnardos and the Benevolent Society have stated that they will assess same sex couples for adoption. DOCS will also assess same-sex couples. What about unknown adoption? Same-sex couples can now be considered for the adoption an "unknown" child. However, the majority of adoptions in Australia are of children from overseas. Unfortunately, no country with which Australia has an overseas adoption arrangement currently allows same-sex couples to adopt. Therefore, currently, same-sex couples in NSW are only eligible to be considered for the very small number of local children placed for adoption. Parenting orders made by the Family Court Some same-sex families still are not recognised by the law – for example, families where there are more than two parents co-parenting equally or families created through overseas commercial surrogacy. For these families, parenting orders via the Family Court can provide limited but important recognition. Where it is in the best interests of a child, the Family Court can make parenting orders, including granting “parental responsibility” to any person concerned with the care, welfare and development of a child. This grants a person the authority to make decisions on behalf of a child, such as in relation to their health, welfare and schooling. Where can I get more information? The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. See also the GLRL’s website (www.glrl.org.au) for up-to-date information. Adoption and Permanent Care Services in Community Services NSW can assist with adoption enquiries. Phone: (02) 9716 3000.

For families who are still not covered by these or other laws, parenting orders via the Family Court are still an option for some limited but important legal recognition.

What are the changes to adoption law?

The Adoption Act 2000 changed to include same-sex couples in the definition of "couple." This means that lesbian and gay people can apply to adopt a child as an individual or as a couple and be recognised for all legal purposes as that child’s legal parents.

Same-sex couples who wish to adopt still have to meet the same requirements as everybody else. These requirements including:being of “good repute” and “fit and proper persons” to fulfil the responsibilities of a parent; having lived together continuously for 2 years; and being at least 21 years old and at least 18 years older than the child to be adopted, except in special circumstances.

For step-parents, additional requirements must also be met, including: the step-child must be at least 5 years old; the step-parent must have lived with the child and their parent continuously for 2 years; specific consent must be given to the adoption by certain persons (such as the legal parents, including the person whose rights will be replaced by the step-parent, and the child in some cases); and the Supreme Court of NSW must be satisfied that an adoption order is preferable to any another legal action that could be taken (for example, having a parenting order granted by the Family Court, see below).

Who will the changes affect?

These changes will affect same-sex couples in a range of situations, including: couples caring for foster children who want to adopt these children; couples who want to adopt an "unknown" child (see below); and step-parents who are caring for their partner’s child (this may depend on the consent of the other parent of the child, if there is one).

What other changes were made?

The law clarified that birth parents of a child must be given information about the prospective adoptive parents before an adoption order can be made (including information about whether the prospective parents are in a same-sex relationship). Birth parents can also express their wishes about who they would like to adopt the child.

Faith-based organisations have an exemption from the operation of NSW anti-discrimination law. Adoption agencies that are part of religious organisations can refuse to assess same-sex couples for adoption of a child, and there is no legal recourse. However, Barnardos and the Benevolent Society have stated that they will assess same sex couples for adoption. DOCS will also assess same-sex couples.

What about unknown adoption?

Same-sex couples can now be considered for the adoption an "unknown" child.

However, the majority of adoptions in Australia are of children from overseas. Unfortunately, no country with which Australia has an overseas adoption arrangement currently allows same-sex couples to adopt. Therefore, currently, same-sex couples in NSW are only eligible to be considered for the very small number of local children placed for adoption.

Parenting orders made by the Family Court Some same-sex families still are not recognised by the law – for example, families where there are more than two parents co-parenting equally or families created through overseas commercial surrogacy. For these families, parenting orders via the Family Court can provide limited but important recognition. Where it is in the best interests of a child, the Family Court can make parenting orders, including granting “parental responsibility” to any person concerned with the care, welfare and development of a child. This grants a person the authority to make decisions on behalf of a child, such as in relation to their health, welfare and schooling.

Where can I get more information?

The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. See also the GLRL’s website (www.glrl.org.au) for up-to-date information.

Adoption and Permanent Care Services in Community Services NSW can assist with adoption enquiries. Phone: (02) 9716 3000.