Hooray! Qld to allow same sex couples, singles to adopt

Hooray! Qld to allow same sex couples, singles to adopt

Last night the Queensland Parliament passed amendments to the State’s Adoption Act 2009 to allow same sex couples, singles and those undergoing fertility treatment to be eligible to adopt.

This was an historic moment. For the first time in history, this discrimination will be removed- and will enable the assessment of who is to be an adoptive parent for a child to be decided purely on the best interests of the child, and without discrimination based on the sexuality of the intended parents, or whether the intended parents are single as opposed to a couple, and stops the cruel choice for couples of either undergoing IVF OR adoption, but not both.

I and others were critical when the Adoption Act 2009 was enacted- because it was discriminatory. It is pleasing to see this change.

To get this Bill through required real courage on the part of the Palaszczuk government. The two independents voted in favour, as did the casting vote of Speaker Peter Wellington. His voted was needed was because the two Katter Party members voted against, as did, sadly,  the whole of the LNP.

And what was the rationale of the LNP? Quite simply- there aren’t enough children to be adopted. They are right. There aren’t. But that is no reason to discriminate. The assessment for every child should be based on the best interests of that child, consistent with our international obligations under the International Convention on the Rights of the Child. To do otherwise is unfair, discriminatory, unequal – and wrong. As my 2C teacher Mrs Bray taught me all those years ago: “Two wrongs don’t make a right.”

The Bill commences when it receives the Royal assent, which should be in the next few days. 

The Government’s position is also in line with Australia’s position to the world under the Turnbull government. Last year Australian went to the UN in Geneva, and after being roundly chastised by 100 odd other countries about its discriminatory practices with LGBTI people, said that it would stop allowing exemptions to the Sex Discrimination Act for State legislation. Those exemptions came to an end on 31 July.

What is also important from these changes is that for the first time in legislation that I have seen, there is a definition of infertility- and it is non-discriminatory. This definition is consistent with a non-discriminatory definition of infertility proposed by the World Health Organization. The message is clear- that those undergoing infertility treatment can include singles and LGBTI people.  Here is the definition:

Infertility, of a person, means-
               
(a)   An inability, for a reason beyond the person’s control, to conceive; or
(b)   A genetically transmitted disorder giving rise to a significant risk that, if the person was a biological parent of a child, the child would not survive or the child’s health would be seriously impaired; or
(c)    A condition giving rise to a significant risk that, if the person fell pregnant, the child would not be carried until the child could be delivered alive; or
(d)   A condition giving rise to a significant risk that, if the person fell pregnant, the person would not survive or the person’s health would be seriously impaired.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Hugh Jackman Won’t Sign a Pre-Nup — Here’s Why That Matters

Hugh Jackman’s reported decision not to sign a pre-nuptial agreement with Sutton Foster has generated plenty of media attention, and for good reason. When a person has substantial wealth, children from an earlier relationship, and is entering a new relationship later in life, the question of asset protection becomes more than celebrity gossip. It becomes… Read More »Hugh Jackman Won’t Sign a Pre-Nup — Here’s Why That Matters

Marching for Rainbow Families at Sydney Mardi Gras: A Gay Dad’s Story

Some events stay with a person long after the music fades, the costumes are packed away, and the sore feet finally recover. For Stephen Page, marching in the Sydney Gay and Lesbian Mardi Gras with his husband Mitchell and their daughter Elizabeth is one of those experiences. This was his fourth time marching, and by… Read More »Marching for Rainbow Families at Sydney Mardi Gras: A Gay Dad’s Story

Australian Donor Registries: What Are the Lessons Learnt? Stephen Page Presents at Canadian Fertility Law Conference

Stephen Page, Director at Page Provan Family & Fertility Lawyers and Australia’s leading surrogacy lawyer, was honoured to present at the Fertility Law: Current and Emerging Issues conference at Osgoode Hall Law School, York University, Toronto on 13 April 2026. As part of an international panel on DNA, databases and disclosure, Stephen joined Jo-an van… Read More »Australian Donor Registries: What Are the Lessons Learnt? Stephen Page Presents at Canadian Fertility Law Conference

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board