Archive Article

Review of the Adoption Act 2000

What is it?

The Adoption Act 2000 (NSW) (the Act) states that children can be adopted by one person or by a couple. However, the Act defines a couple as either a heterosexual married couple or as a heterosexual de facto couple, which effectively excludes gay and lesbian couples from the adoption process, and does not recognize gay and lesbian relationships.

Currently, a Review of the Act is being conducted by the NSW Department of Community Services. The aim of the Review is to assess the validity and appropriateness of the Act’s provisions and to identify how the Act could be improved. One of the main issues to be considered by the Review is ensuring that the Act reflects contemporary standards in terms of the eligibility criteria for selecting and assessing adoptive parents, and focusing on factors that determine parenting capacity. The Review will be consulting with individuals and families affected or excluded by adoption. As part of this process, the Review wants to hear your story.

Why is it important?

In 2002, the GLRL conducted a review of the literature on gay and lesbian parenting and produced a report, Meet the Parents. This research has shown that family processes, not family structures, are determinative of children’s health and well being. That is, the happiness of the relationship between the adults in the home, and the degree of openness, warmth and communication within the family, not the gender or sexuality of the adults, has the most significant impact on the child.

Following Meet the Parents, the GLRL conducted extensive consultation with gays and lesbians in NSW to understand the impact of the inequalities that exist for gay and lesbian parents under current law. The subsequent report, And then…the brides changed nappies, recommended a number of changes to the Adoption Act to make adoption available to same-sex couples. The specific recommendations from the report in relation to adoption are:

Since the release of And then…the brides changed nappies, the GLRL has been lobbying the NSW Government to amend the Act to include same-sex couples. This review is an opportunity for the gay and lesbian community to voice how the unequal laws impact on our families. The GLRL will be making a comprehensive submission to the review outlining our recommendations.

Details

For more information on the Adoption Act 2000 (NSW) and how it affects you, click on the links below.

• Meet the Parents
• And then…the brides changed nappies
• Review of the Adoption Act 2000: Issues Paper April 2006.

Submissions

Send your submissions to:

The Secretariat
Review of the Adoption Act 2000
NSW Department of Community Services
Locked Bag 28
Ashfield NSW 1800

Or email them to: aa2000review@community.nsw.gov.au

The closing date for submissions is 31 May 2006.

Things to consider when writing your submission: