Submission re Queensland Adoption and Other Legislation Amendment Bill 2016

The Queensland Labor Government has proposed legislation to finally allow adoption by same-sex couples in that state. The Adoption and Other Legislation Amendment Bill 2016 is currently being considered by a Parliamentary Committee, before being debated and voted upon later in 2016.

My submission to the Committee is included below. If you are reading this post on Wednesday 12 October, you can also watch the Committee’s public hearings about the Bill here.

**********

Research Director

Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee

Parliament House

George St

Brisbane QLD 4000

c/- hcdsdfvpc@parliament.qld.gov.au

Tuesday 4 October 2016

To the Committee

Submission re Queensland Adoption and Other Legislation Amendment Bill 2016

Thank you for the opportunity to provide a submission regarding the Adoption and Other Legislation Amendment Bill (‘the Bill’).

In this submission, I will focus on one aspect of this legislation – the proposed reform to allow same-sex couples to adopt children.

This reform is outlined in clause 13 of the Bill, which would amend section 76 of the Adoption Act 2009 to remove the requirement that a person expressing an interest in being assessed for suitability as an adoptive parent has a spouse, and that their spouse is not of the same gender as themself.

I strongly support this reform, for two reasons.

First, it removes unjustifiable discrimination against lesbian, gay, bisexual, transgender and intersex people.

The overwhelming majority of credible research shows that children raised in same-sex parented families are as healthy, and as happy, as those raised by mixed-sex couples.

As Deborah Dempsey found in the 2013 research paper “Same-sex parented families in Australia”[i]:

“[o]verall, research to date considerably challenges the point of view that same-sex parented families are harmful to children. Children in such families do as well emotionally, socially and educationally as their peers from heterosexual couple families”.

This conclusion was supported by research in the following year, by Dr Simon Crouch and others, that:

“children with same-sex attracted parents in Australia are being raised in a diverse range of family types. These children are faring well on most measures of child health and wellbeing, and demonstrate higher levels of family cohesion than population samples.”[ii]

These findings accord with reputable studies from overseas, with evidence consistently revealing that children from same-sex parented families experience the same levels of physical and mental health as their peers, if not better.

Based on this research, continuing to impose legal criteria that restricts prospective adoptive parents to those who have a spouse of a different gender, can be seen for what it really is – discrimination against LGBTI people that is both unnecessary, and completely without foundation.

It is time such discrimination was removed from the statute book, and I am grateful that the Bill will accomplish this.

Second, and even more importantly, removing this discrimination is in the best interests of children because it will help ensure an adopted child has the best possible adoptive parents.

As the research demonstrates, parenting ability has nothing whatsoever to do with sexual orientation, gender identity or intersex status.

Some cisgender heterosexual people make wonderful parents, while others do not. The same is undoubtedly true of members of the LGBTI community.

But to determine that only people who are in mixed-gender relationships may apply to become adoptive parents, while the LGBTI people who would make wonderful parents may not, carries with it the inherent risk that a child misses out on being adopted by more suitable parents solely because past Queensland Parliaments have determined that those people do not have the ‘right’ sexual orientation, gender identity or sex.

After all, it is only logical that, if the pool of prospective adoptive parents is reduced because of irrelevant criteria, the overall depth and quality of that pool is diminished.

Indeed, this argument was explicitly acknowledged in the second reading speech by Minister Fentiman, who noted that:

“[t]he bill recognises the need to provide fairness and equity and amends eligibility criteria to enable same-sex couples, single people and people undergoing fertility treatment to adopt a child. This will result in a broader and more flexible pool of people from which to select for assessment as suitable adoptive parents. Importantly, this change will mean more options will be available for matching a child to prospective adoptive parents who will best meet the child’s individual needs.”

On the basis of the above two reasons – that the Bill will remove unjust discrimination against LGBTI people, and that the proposed changes are in the best interests of children who are adopted – I urge the Committee to recommend that the Adoption and Other Legislation Amendment Bill 2016 be passed.

Ultimately, I call on the Queensland Parliament to support this reform as a matter of priority, thus recognising the diversity of modern families, and ensuring that they are treated equally under the law.

Thank you again for the opportunity to provide a submission on this important Bill. Should the Committee want any additional information, or wish to clarify any of the above, I can be contacted at the details provided below.

Sincerely

Alastair Lawrie

 

[Update 10 January 2017: Queensland Parliament passed legislation to allow for adoption by same-sex couples on Wednesday 2 November 2016, removing a major barrier to the equal treatment of LGBTI people, and relationships, under Queensland law. The Brisbane Times reported on this long-overdue law reform success here.]

 

Footnotes:

[i] Dempsey, D, “Same-sex parented families in Australia”, Child Family Community Australia, Research Paper No. 18, 2013.

[ii] Crouch, S, Waters, E McNair, R, Power, J, Davis, E, “Parent-reported measures of child health and wellbeing in same-sex parented families: a cross-sectional survey”, BMC Public Health, 21 June 2014.

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Submission to Review of the Queensland Adoption Act 2009

Update 16 January 2017:

Queensland Parliament passed legislation to allow for adoption by same-sex couples on Wednesday 2 November 2016, removing a major barrier to the equal treatment of LGBTI people, and relationships, under Queensland law.

The Brisbane Times reported on this long-overdue law reform success here.

Update 11 August 2016:

On Saturday 6 August, the Queensland Government announced that, in response to this review, it will be proposing legislation to ensure that single people, and same-sex couples, will be able to adopt legally in Queensland.

The consultation report can be found here.

This is obviously wonderful news for rainbow families – both existing and prospective – and for LGBTI Queenslanders generally. I am thankful to have played a small part through this consultation. Please see my own submission to this review below.

Original Post:

The Queensland Government is currently undertaking a review of the Adoption Act 2009.

This is an important opportunity for the LGBTI community to let the Government know that the current discriminatory provisions contained in the Act – which prevent same-sex couples from together adopting children, and which also prevent a same-sex partner from adopting their partner’s child – must be removed as a matter of priority.

Full details of the consultation can be found here. Public submissions close 5pm Friday 11 March 2016. The following is my submission:

Department of Communities, Child Safety and Disability Services

Child and Family Legislative Review

PO Box 806

Brisbane QLD 4001

adoptionactreview@communities.qld.gov.au

Sunday 6 March 2016

To whom it may concern

Submission to Review of the Queensland Adoption Act 2009

Thank you for the opportunity to provide this submission as part of the five-year review of the operation of the Queensland Adoption Act 2009.

In this submission, I will primarily focus on one of the nine questions posed by the Discussion Paper, namely:

  1. Do you consider the eligibility criteria provisions of the Act to be fair and continue to meet the needs of children who require adoptive families?[i]

In my view, the answer to this question is unequivocally no.

As stated in the Discussion Paper, the Adoption Act 2009 currently requires that “To be eligible to express an interest [in adopting] a range of criteria must be met: [including]

The person has a spouse who:

  • is also eligible
  • is not the same gender as the person
  • has been the person’s spouse for at least two years”[ii] [emphasis added].

This is clearly neither fair, nor is it in the best interests of the child(ren).

To begin, including a requirement that prospective adoptive parents must be in mixed-gender relationships, rather than in a relationship with someone of the same gender, is unfair in its discriminatory approach toward the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, excluding the majority of LGBTI people from even applying to adopt children in Queensland.

This discrimination is not supported by evidence showing that children are ‘better off’ being adopted exclusively by cisgender heterosexual couples.

In fact, the overwhelming majority of credible research shows that children raised in same-sex parented families are as healthy, and as happy, as those raised by mixed-sex couples.

As Deborah Dempsey found in the 2013 research paper “Same-sex parented families in Australia”[iii]:

“[o]verall, research to date considerably challenges the point of view that same-sex parented families are harmful to children. Children in such families do as well emotionally, socially and educationally as their peers from heterosexual couple families” [emphasis added].

This conclusion was supported by research in the following year, by Dr Simon Crouch and others, that:

“children with same-sex attracted parents in Australia are being raised in a diverse range of family types. These children are faring well on most measures of child health and wellbeing, and demonstrate higher levels of family cohesion than population samples.”[iv]

These findings accord with reputable studies from overseas, with evidence consistently revealing that children from same-sex parented families experience the same levels of physical and mental health as their peers, if not better.

The criteria which restricts prospective adoptive parents to those who have a spouse of a different gender should be removed from Queensland’s Adoption Act 2009 as it unnecessarily, and completely without foundation, discriminates against members of the LGBTI community.

Even more importantly, it should be removed because it potentially denies an adopted child from having the best possible adoptive parents.

As the research referred to above demonstrates, parenting ability has nothing whatsoever to do with sexual orientation, gender identity or intersex status.

Some cisgender heterosexual people make wonderful parents, while others do not. The same is undoubtedly true of members of the LGBTI community.

But to determine that only people who are in mixed-gender relationships may apply to become adoptive parents, while the LGBTI people who would make wonderful parents may not, carries with it the inherent risk that a child misses out on being adopted by more suitable parents solely because the Queensland Parliament has determined that those people do not have the ‘right’ sexual orientation, gender identity or intersex status.

After all, it is only logical that, if the pool of prospective adoptive parents is reduced because of irrelevant criteria, the overall depth and quality of that pool is diminished.

If adoption laws are to be based on the best interests of the child, and nearly all people agree that should be the case, then this is another compelling reason to remove eligibility criteria based on the gender(s) of the prospective adoptive parents.

These factors – the discriminatory impact of the Queensland Adoption Act 2009 on LGBTI people, and the failure to take into account the best interests of the child – are both exacerbated in the current denial of the ability of people who are in same-gender relationships to apply to be the adoptive parents of their partner’s child (ie step-parent adoption)[v].

In this situation, and based on the other eligibility criteria contained in the Act, the applicant, their partner and the child(ren) involved would have been living together for at least three years. That’s three years of sharing a home and living together, for all intents and purposes, as a family.

What possible justification could there be to say that an LGBTI step-parent should be denied the ability to adopt their partner’s child, where they would otherwise be able to if they were cisgender and heterosexual?

In my view, and I would hope the view of the majority of the Queensland Parliament, there can be no justification for discriminating in this way, and denying these families – because they are families, irrespective of what the current law says – the legal protections that they require, and that they deserve.

Introducing adoption equality – by removing restrictions on the ability of LGBTI people to adopt, both ‘unknown’ children and their partner’s child(ren) – would also bring Queensland laws into line with the majority of other Australian states and territories, thereby aiding national consistency in this important area of family law and legal recognition[vi].

As the Discussion Paper notes[vii], NSW, Western Australia, Tasmania and the ACT all have existing adoption equality laws. In the time since the Discussion Paper was released, Victoria has also amended its laws to ensure that LGBTI people have the ability to adopt children[viii].

With South Australia currently reviewing its adoption laws, and the realistic prospect that adoption equality will be introduced there in the near future, that would leave the Northern Territory as the only other jurisdiction in Australia continuing to discriminate against adoptive parents on the basis of their sexual orientation, gender identity or intersex status.

By passing amendments to the Adoption Act 2009 to remove discrimination against LGBTI people, Queensland Parliament would therefore be helping to recognise the 21st century reality – that rainbow families exist, and that lesbian, gay, bisexual, transgender and intersex people can be just as good parents as cisgender heterosexual people.

Thank you for taking this submission into account as part of the five-year review. If you would like more information, or to clarify any of the above, please do not hesitate to contact me at the details provided.

Sincerely

Alastair Lawrie

Shannon Fentiman

Queensland Minister for Communities, Women and Youth, and Child Safety, the Hon Shannon Fentiman MP.

[i] Discussion paper: Public consultation for the review of the operation of the Adoption Act 2009, page 9.

[ii] Ibid page 8.

[iii] Dempsey, D, “Same-sex parented families in Australia”, Child Family Community Australia, Research Paper No. 18, 2013.

[iv] Crouch, S, Waters, E McNair, R, Power, J, Davis, E, “Parent-reported measures of child health and wellbeing in same-sex parented families: a cross-sectional survey”, BMC Public Health, 21 June 2014.

[v] The Discussion Paper states on page 12 that: “A person may apply to the Chief Executive to arrange an adoption of a stated child if: the person’s spouse is not the same gender as the person.”

[vi] Which is relevant to question 7 on page 16 of the Discussion Paper: “Are there approaches in other jurisdictions that Queensland could consider?”

[vii] Discussion Paper, Appendix: Adoption in Australia – Inter-jurisdictional analysis of legislative provisions.

[viii] ABC News, “Same-Sex Adoptions Laws Pass Victorian Parliament” December 9 2015.

Letter to Prime Minister Abbott re Intercountry Adoption by Same-Sex Couples Part 2

In early March I wrote to Prime Minister Abbott about the review, then being undertaken by his department, of Australia’s inter-country adoption arrangements. Specifically, I asked that same-sex couples be included in any potential reforms to be considered at the Council of Australian Governments (COAG) meeting scheduled for Friday 2 May (see original letter here: <https://alastairlawrie.net/2014/03/08/letter-to-prime-minister-abbott-re-inter-country-adoption-by-same-sex-couples/ )

I did not receive a response to my letter until after the COAG meeting (on Monday 5 May), although it was dated 1 May. The reply stated:

 

Dear Mr Lawrie

 

Thank you for your letter of 8 March 2014 to the Prime Minister regarding overseas adoption. I have been asked to reply on the Prime Minister’s behalf. I apologise for the delay in replying.

 

This is an issue that could benefit from attention at the highest levels of government. That’s what it will be getting between now and the next meeting of the Council of Australian Governments.

 

As you note, at present there is no consistency across Australia on whether same-sex couples can adopt a child. The requirements of foreign countries are also relevant, with most of Australia’s current partner countries not allowing adoption by same-sex couples.

 

The Commonwealth Government is committed to working with our state and territory colleagues and stakeholders in this area, including the non-government sector, to deliver reform.

 

Thank you for letting the Government know your views on this issue.

 

Yours sincerely

 

Name Withheld

Assistant Secretary

Which, it has said to be said, was a pretty underwhelming response, especially given the paucity of firm details or commitments. I also cracked a wry smile at the statement that the issue would be getting attention between now (ie the time of writing) and the next COAG meeting – which was held the following day.

In any event, the issue of inter-country adoption was discussed at COAG on Friday 2 May. The Prime Minister, and State Premiers and Territory Chief Ministers, agreed to the following in the official Communique:

Intercountry adoption of children

 

Adopting a child from overseas is an emotional and complex undertaking. Different requirements across Australia can create even more difficulty for families wanting to adopt a child from overseas.

 

COAG supports adoption conducted in the best interests of the child and consistent with the safeguards of the Hague Conventions.

 

COAG agreed in principle to the Commonwealth’s proposal to provide a new national intercountry adoption service for all Australians wanting to adopt a child from overseas.

 

Under the new service, the Commonwealth will fund either a new accredited non-government organisation or organisations, or a Commonwealth agency, to provide services for intercountry adoption by early 2015.

 

The Commonwealth and the States and Territories will work closely together to make sure there is a smooth transition to the new system.

So, some more detail (albeit only a little bit), but also some unanswered questions (including whether same-sex couples are to be included), as well as some new questions (if a non-government organisation contracted to provide inter-country adoption services was religious, could they refuse to provide those services to same-sex couples – but more on that particular issue later).

On the following Monday, 5 May, Prime Minister Abbott issued a Media Release, which revealed a little bit more:

REFORM AND ACTION ON INTERCOUNTRY ADOPTION

 

The Commonwealth Government is committed to adoption reform to enable more people to find families.

 

A new report has identified significant barriers facing Australian families wanting to adopt from overseas.  Inconsistent rules, costs and the lengthy wait to adopt currently deter many people from even starting the adoption process.

 

Last Friday, COAG agreed to a national system for intercountry adoption. The Commonwealth will work vigorously with the States and Territories to have a new system operating by early 2015.

 

The report into intercountry adoption also recommended establishing new country programmes to help more Australian families to adopt.  A new intercountry adoption programme between Australia and South Africa is now in place.

 

South Africa has a strong commitment to finding families within its borders to care for children in need. Where, for whatever reason, a South African family cannot be found, Australian families will be able to help provide permanent loving homes to South African children.  Many of these children will have health needs, and would benefit from the caring environment that Australian families can provide.

 

The Government will introduce amendments to the Australian Citizenship Act so that obtaining Australian citizenship can happen in a child’s country of origin. As well, we will fix the problems associated with the visa system. It is too complicated at the moment and processing times are too long.

 

For too long children who legitimately need a safe and loving home and Australians who dream of providing this home have been hindered by red tape and confusion. The Government is pleased to be able to undertake real action to bring families together.

The accompanying Report of the Interdepartmental Committee on Intercountry Adoption provided some additional information (see link to report here: <http://www.dpmc.gov.au/publications/docs/idc_report_intercountry_adoption.pdf ), although undoubtedly would have provided more had pages 41 onwards, which contained Options for Reform and Recommendations to Government, not been deliberately withheld from the public.

The table on page 30 of the section of the Report that was released at least acknowledged that in four Australian jurisdictions – NSW, Western Australia, Tasmania and the ACT – adoption by same-sex couples is already legal.

On page 32, Table 11: Country of Origin Requirements then spelled out all the different countries where agreements exist, but which deem same-sex couples to be ineligible. Sadly, none of the countries listed currently permit inter-country adoption that does not discriminate on the basis of sexual orientation.

The discussion on page 31 helpfully (or should I say rather unhelpfully), noted that “[r]estrictions on same-sex couples adopting was raised by several submissions as a problem… [But] It seems that changes to these criteria would probably have limited impact on intercountry adoption given the country of origins’ criteria.”

Which is absolutely correct. But still does not answer the question of what would happen if Australia were to sign an inter-country agreement which did allow same-sex adoption (or even, as I suggested in my original letter, if Australia were to actively seek to include non-discrimination as a key clause in all of our inter-country agreements)?

And the media release, and accompanying IDC report, didn’t even address the most obvious question of all – given South Africa already allows same-sex couple adoption, and Prime Minister Abbott announced a new inter-country adoption program with South Africa, would Australian same-sex couples be able to adopt under that program?

The mainstream media didn’t appear to follow up on this question – although fortunately, Benjamin Riley of the Star Observer newspaper stepped into the breach to report the following:

SAME-SEX COUPLES INCLUDED IN OVERSEAS ADOPTION AGREEMENT FOR THE FIRST TIME

 

BEJAMIN RILEY – May 5, 2014

 

SAME-sex couples are included in Australia’s new agreement with South Africa on overseas adoption announced today by Prime Minister Tony Abbott, after being excluded from every previous intercountry adoption agreement between Australia and another country.

A spokesperson for the Department of Prime Minister and Cabinet told the Star Observer the agreement with South Africa is the first such arrangement with a country that allows same-sex couples to adopt children.

 

Although there is currently inconsistency across Australian states and territories around same-sex adoption, same-sex couples can legally adopt in NSW, ACT, Tasmania and Western Australia. However, until now this has been irrelevant due to the explicit exclusion of same-sex couples from Australia’s intercountry adoption agreements.

 

The Prime Minister announced the agreement with South Africa today along with a range of reforms to streamline the overseas adoption process, allowing children to obtain Australian citizenship in their country of origin, and simplify visa processes. These reforms have come out of a new report by the Interdepartmental Committee on Intercountry Adoption.

 

The Prime Minister’s office confirmed the eligibility of same-sex couples to adopt under the new agreement with South Africa, and told the Star Observer these reforms will consider inconsistencies between the states and territories on same-sex couples adopting.

 

“Current eligibility requirements vary across Australia via states and territory requirements. We will most be certainly considering this issue — together with other eligibility criteria — as we finalise the new national approach to intercountry adoption,” press secretary Sally Branson said.

 

“This just isn’t an issue for the home country of the adoptive parents — the requirements of overseas countries are also relevant. The South Africa agreement will allow for same sex couples to adopt.”

 

A Council of Australian Governments (COAG) meeting on Friday also flagged the development of a new national service for intercountry adoption by early-2105. The service would be either a funded non-government organisation or a Commonwealth agency.

 

The announcement prompted calls by the NSW Gay and Lesbian Rights lobby to ensure a new national framework would operate with equality for LGBTI people looking to adopt, and said the same should be true for any organisations assisting in the adoption process.

 

The Prime Minister’s office told the Star Observer there is no detail yet around how the national service would operate, but said the Federal Government would “ensure non-discriminatory service is provided to all stakeholders, and work with all stakeholders in a the same manner”.

 

Rodney Chiang-Cruise from Gay Dads Australia said the streamlined citizenship and visa processes wouldn’t change a great deal for Australian same-sex couples looking to adopt from overseas, but was glad the issue was being discussed.

 

“The Federal Government has not done anything on overseas adoption for decades… It sounds like a positive move, and hopefully it’s an indication of further moves in regards to what is a complex and difficult area,” Chiang-Cruise told the Star Observer [emphasis added, abridged]. Link to original article here: <http://www.starobserver.com.au/news/local-news/same-sex-couples-included-in-overseas-adoption-agreement-for-the-first-time/122370

As the article reports, this is a potentially significant breakthrough in terms of LGBTI equality – provided this agreement is implemented in line with state and territory requirements, for the first time ever, same-sex couples in NSW, WA, Tasmania and ACT will be treated equally in terms of overseas adoption.

However, the notes of caution expressed by Mr Chiang-Cruise also seem to be appropriate. After all, that still leaves LGBTI-inclusive couples in four Australian jurisdictions (Victoria, Queensland, South Australia and the Northern Territory) out in the cold.

And, as described earlier, there is genuine concern that, should a religious organisation be awarded the contract to deliver inter-country adoption services, they might discriminate against same-sex couples and then use the (incredibly broad) religious exemptions offered under the Sex Discrimination Act 1984 to essentially ‘get away with’ such discrimination.

Which means, while some questions have been resolved – and the South African agreement is indeed a big step forward for same-sex couple adoption in Australia – there are still plenty of issues to be worked through in coming months. It also means there was certainly plenty of material to write a follow-up letter to Prime Minister Abbott on this subject. As always, I will post any reply that I receive.

The Hon Tony Abbott MP

Prime Minister

PO Box 6022

House of Representatives

Parliament House

CANBERRA ACT 2600

Thursday 29 May 2014

Dear Prime Minister

INTER-COUNTRY ADOPTION BY SAME-SEX COUPLES

Thank you for the reply, from your Department, to my letter of 8 March, concerning the issue of inter-country adoption by same-sex couples.

Unfortunately, some of the issues raised in my letter were not answered. Additional issues have also arisen from the Communique of the COAG meeting on Friday 2 May, and from your media release on Monday 5 May, which was accompanied by the release of some sections of the Report of the Interdepartmental Committee on Intercountry Adoption.

First of all, however, I wish to congratulate you on your commitment, as expressed by your office to the Star Observer newspaper on Monday 5 May, that same-sex couples will be eligible to adopt under the newly-finalised agreement with South Africa. This is a major step forward for the equal treatment of lesbian, gay, bisexual, transgender and intersex-inclusive families.

Nevertheless, as highlighted in my original letter, and confirmed in the Report of the Interdepartmental Committee, it is highly unlikely that, due to differing legislation, same-sex couples in Victoria, Queensland, South Australia and the Northern Territory will be able to take advantage of this new agreement.

This is obviously an unsatisfactory outcome – that arrangements entered into by the Commonwealth will only provide benefit to couples in Sydney, not Melbourne, Perth not Brisbane, and Hobart but not Adelaide.

I therefore reiterate my call that you should use the process of establishing new inter-country arrangements over the coming year to urge those states and territories that have not yet made adoption non-discriminatory on the basis of sexual orientation, gender identity or intersex status to finally do so.

Second, I wish to ask you about the proposal being considered that a non-government organisation may be funded to provide inter-country adoption services on behalf of the Commonwealth and states and territories. Specifically, if this organisation is itself, or is run by, a religious body, will you guarantee that they will not be able to deny these services to same-sex couples?

Again, it would be a deeply unsatisfactory outcome if, despite the successful inclusion of same-sex couples in formal arrangements between Australia and South Africa, these were undermined in practice because of the exemptions offered to religious organisations under the Sex Discrimination Act 1984.

Please ensure that whichever non-government organisation is funded to provide inter-country adoptions services on behalf of the Australian Government, and therefore the Australian people, they are legally bound not to discriminate on the basis of sexual orientation, gender identity or intersex status.

Third, and finally, I return to a point made in my initial correspondence and that is that I believe the Australian Government should be actively seeking to include non-discrimination clauses in all future inter-country adoption agreements. This stance should apply irrespective of whether the country is like South Africa, and itself already recognises same-sex adoption, or another country that does not.

I acknowledge that it may not be possible to secure the inclusion of such a clause in every single signed agreement – because it is dependent on the response of the other country – but I can see no reason why Australia should not be directly and firmly putting forward the principle that all couples are able to be loving and nurturing parents, irrespective of their sexual orientation, gender identity or intersex status.

Congratulations again on the inclusion of same-sex couples in the inter-country adoption agreement with South Africa.

I look forward to your response to the other matters raised in this correspondence.

Sincerely

Alastair Lawrie

Letter to Prime Minister Abbott re Intercountry Adoption by Same-Sex Couples

The Hon Tony Abbott MP

Prime Minister

PO Box 6022

House of Representatives

Parliament House

CANBERRA ACT 2600

Cc Dr Ian Watt

Secretary

Department of Prime Minister & Cabinet

PO Box 6500

CANBERRA ACT 2600

Saturday March 8 2014

Dear Prime Minister

INTER-COUNTRY ADOPTIONS BY SAME-SEX COUPLES

I am writing regarding the issue of inter-country adoptions. Specifically, I call on you to ensure that the processes governing inter-country adoptions treat all couples equally, regardless of sexual orientation, gender identity or intersex status.

I note that you announced in December 2013 that the Department of Premier and Cabinet would be investigating the issue of inter-country adoptions, reporting to you on ways the processes governing inter-country adoptions can be streamlined ahead of the Council of Australian Governments (COAG) meeting, now scheduled for Friday 2 May in Canberra.

I also note recent reports about the potential for new arrangements for recognising adoptions by Australians with respect to children from Taiwan and South Korea.

However, I am unaware of any reports about work underway to ensure that all bilateral and, where relevant, multilateral, agreements concerning adoption entered into by Australia recognise the equal rights of all couples, including same-sex couples, to adopt.

There is no legitimate reason to prevent couples that may include lesbian, gay, bisexual, transgender or intersex (LGBTI) individuals from adopting.

In fact, the most recent report on the issue of same-sex parenting, commissioned by the Australian Institute of Family Studies, reaffirmed independent research over the past decade in finding that “there is now strong evidence that same-sex parented families constitute supportive environments in which to raise children.”

The report – Same-Sex Parented Families in Australia by Dr Deborah Dempsey (December 2013) – further confirmed that “children in such families do as well emotionally, socially and educationally as their peers from heterosexual couple families.”

Speaking about the report to the Sydney Morning Herald in February 2014, author Dr Dempsey said “[i]t’s not the family structure that matters so much as the kind of care; that children are loved, and are taken care of.” In practice, same-sex couples are just as capable of providing for the best interests of the child as opposite-sex couples.

Given these and other research results, I seek your commitment to ensure there is no discrimination against same-sex couples contained in any inter-country adoption agreement which Australia signs.

On a related issue, one of the administrative barriers to efficient inter-country adoption processes must be the variety of different, often conflicting, adoption criteria that operate in Australian states and territories.

For example, while my fiancé Steven and I would likely be eligible to adopt in Sydney, we would not be eligible to adopt were we to relocate to Melbourne. I doubt that our suitability as parents would differ simply because we moved 1000km to the South.

As before, there is no legitimate reason to prevent couples that include LGBTI individuals from adopting, and that must include within and between Australian jurisdictions.

The report which you have commissioned and will be presenting to the COAG meeting in May is an ideal opportunity for you to call on the states and territories to adopt uniform adoption laws, in particular to ensure that all Australian states and territories allow all couples to adopt, irrespective of sexual orientation, gender identity or intersex status.

This would be a benefit not just to the administrative efficiency of Australia’s inter-country adoption processes, but also to the equal rights and status of lesbian, gay, bisexual, transgender and intersex Australians.

Finally, I note during the week reports of disagreement within the Coalition partyroom on the subject of single and same-sex couple parenting. Specifically, it was reported that Senator Cory Bernardi expressed his support for Minister Kevin Andrews’ defence of so-called ‘traditional families’.

In response, Liberal MP for Herbert, Ewen Jones, defended families headed by single people, and same-sex couples, saying that what was more important was that children were loved, not what gender their parents were. Mr Jones later told Fairfax Radio “I think it’s the quality of the role model, male or female, not the sexuality of the parents that maters” – a sentiment similar to that expressed by Dr Dempsey, above.

It was also reported that you responded to the debate by saying “[w]e need to be as supportive of people as possible, regardless of their circumstances.”

Taking you at your word, I sincerely hope that you will be supportive of all Australian couples, including same-sex or otherwise LGBTI-inclusive couples, having the same rights to adopt children from other countries.

You have the chance to demonstrate this support through the review of inter-country adoption which you have commissioned, and through your advocacy at the upcoming COAG meeting which will discuss this issue. I and other same-sex couples around the country will be watching which approach you take.

Thank you in for your consideration of this correspondence.

Sincerely,

Alastair Lawrie