Second Class Families: Interstate Recognition of Queer Adoption

Second Class Families: Interstate Recognition of Queer Adoption

US law student Christine Olson has written a scholarly article-Second Class Families: Interstate Recognition of Queer Adoption [PDF]- about how in the US same sex adoptions are recognised in some States, and not recognised in others. She asserts that they should be recognised in every State, and if necessary be recognised through the US Supreme Court.

The article resonated with me, because same sex adoptions are recognised here in WA, ACT and in limited circumstances in Tasmania. A parliamentary committee has recommended that they be allowed in NSW. They are banned in the other States and Territory. Queensland, which has just reviewed its adoption laws specifically excluded same sex adoptions.

Would an adoption in one State or Territory be recognised in another? At some level it is a moot point because of recognition of adoption for the definition of “parent” under the Family Law Act – but there are other laws where it might be a critical point.

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

Breaching parenting orders: what you can do

When parenting orders are not being followed, it is understandable to feel frustrated, powerless and eager to take immediate action. A parent may miss time with their children, be denied communication, or find that arrangements which were meant to provide certainty are simply not working in practice. However, taking an ex-partner back to court is… Read More »Breaching parenting orders: what you can do

Sri Lanka surrogacy: what Australian intended parents must know

Sri Lanka is an often overlooked overseas surrogacy destination for Australians, particularly for people with a genuine connection to the country. It can offer comparatively low IVF and legal costs, prompt surrogate matching and a practical pathway to parentage recognition. However, it also comes with strict eligibility requirements and important Australian legal, citizenship and criminal… Read More »Sri Lanka surrogacy: what Australian intended parents must know

Overseas surrogacy births are 4 times that of domestic surrogacy births

When talking to colleagues, judges and policymakers, it is assumed that the norm of Australian surrogacy is that of domestic surrogacy births. However, as the most recent figures demonstrate, yet again, domestic surrogacy births are the exception. The norm remains that of Australian children being born through surrogacy overseas. That norm and the exception have… Read More »Overseas surrogacy births are 4 times that of domestic surrogacy births

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