Prepared by the Gay and Lesbian Rights Lobby and the Lesbian and Gay Legal Rights Service

Introduction

Recommendations

1. Changing Attitudes Towards Lesbians and Gay Men

2. The Letter or the Spirit of the Law

3. Added Difference?

4. The Welfare of the Child is Paramount

5. The Stability of Marriage

6. Building Families, Building Communities of Care

7. Still Debunking Myths About Lesbians and Gay Men

8. Conclusions

Click below to download the following documents in pdf format:
	Age of consent major report (608kb)
	Age of consent Fact Sheet (32kb)

MAJOR REPORT - JULY 1994

THE LAW AND PRACTICE RELATING TO THE ADOPTION OF CHILDREN IN NSW

A SECOND SUBMISSION PREPARED FOR THE NSW LAW REFORM COMMISSION ENQUIRY BASED ON THEIR WHITE PAPER

Introduction

In September, 1993, The Gay and Lesbian Rights Lobby and the Lesbian and Gay Legal Rights Service made a submission to the NSW Law Reform Commission review into the practice of adoption of children in NSW.

Subsequent to this, a further discussion paper has been produced, incorporating many of the ideas suggested in the original submission. The original submission was supported by a verbal presentation by one of our members.

All the points made in the original submission still stand and in the ensuing nine months, evidence as to the suitability of lesbians and gay men as potential adoptive parents has increased. The landmark case in Britain, where a lesbian couple were given permission to adopt a child has only reinforced our argument. Britain, unlike Australia, is not generally recognised for its tolerance, especially toward lesbians and gay men. The changes in world opinion as regards lesbians and gay men highlighted in our original submission are also reinforced by this case.

The Gay and Lesbian Rights Lobby was established in 1988 as a non- Government funded community organisation. The Lobby promotes and protects the rights of lesbians and gay men in NSW. Most recently, the Lobby was the lead organisation in the work to have anti-homosexual vilification included in the provisions of the NSW Anti-Discrimination Act. As you will be aware, this campaign was successful and resulted in the law being amended in March this year.

?This second submission has been prepared by the Adoption and Fostering subcommittee which is composed of people from a diverse range of backgrounds including social work and law. In this further submission, the Lesbian and Gay Rights Lobby:

• Identifies some of the changes in society which have a direct bearing on attitudes towards lesbians and gay men and as a result, the perceived 'normalcy' of these people and their suitability to make application for adoption;
• Advocates that the intent of the Anti-Discrimination Act 1977 should be a guiding principle, whether or not the provisions of this Act can legally be applied to the issue of adoption;
• Discusses whether being raised in a lesbian or gay household adds a level of 'difference' for the child and offers some research findings which disprove this fallacy;
• Reiterates points made in the original submission regarding the paramount issue being the welfare of the child and the 'right' to adopt being a dangerous premise;
• Highlights the need to build active support through strong community structures and looks at the 'communities of care' concept raised by the International Year of the Family committee; and
• Dispels the myths and fallacies in relation to parenting by lesbians and gay men and questions the assumptions about the stability of marriage.