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

Cheap Surrogacy in Armenia? The Hidden Legal Traps You Must Know

Surrogacy in Armenia may look attractive at first glance. The price point is lower than many other international programs, and Armenia does have a legal framework permitting surrogacy. But low cost is not the same thing as low risk. For intended parents, especially Australians, this is one of those jurisdictions that demands very careful scrutiny… Read More »Cheap Surrogacy in Armenia? The Hidden Legal Traps You Must Know

ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

Stephen Page Joins Final ALRC Advisory Committee Meeting on Surrogacy Law Reform Our Legal Practice Director, Stephen Page, recently took part in the third and final meeting of the Advisory Committee to the Australian Law Reform Commission’s (ALRC) surrogacy inquiry. The ALRC is due to report to the federal government by 29 July. This is… Read More »ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

No Laws, High Risks: The Truth About Albanian Surrogacy

Albanian surrogacy is the kind of topic that should make intended parents stop and think very carefully before doing anything at all. When a country has no clear surrogacy framework, no proper safeguards, and no settled legal pathway for parentage, the risks do not sit at the edges. They sit right at the centre. At… Read More »No Laws, High Risks: The Truth About Albanian Surrogacy

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