View Full Version : Discriminatory Proposed Adoption Laws
28th April 2009, 08:40 PM
Just wondering if ppl are aware that the Adoption Bill 2009 proposed in QLD states that de facto couples will be eligible to adopt (previously you needed to be married to adopt in QLD) HOWEVER same sex couples will be excluded from adopting. Given that same sex couples are now recognised as de facto, I suspect the new legislation is actually illegal in that is blatantly discriminates against people based on sexuality......
Maybe if you are keen you could send Mr Reeves a nice letter telling him how crap his legislation is??? :)
28th April 2009, 11:34 PM
are de factos classed as 'spouse's? they must be because how else would a person have a 'spouse of the same gender'?
Eligibility for inclusion in register
(1) A person is eligible to have his or her name entered or remain
in the expression of interest register if—
(a) the person is an adult; and
(b) the person or the person’s spouse is an Australian
(c) the person is resident or domiciled in Queensland; and
(d) for a woman, the person is not pregnant; and
(e) the person is not undergoing fertility treatment and has
not undergone fertility treatment within the previous 6
(f) the person does not have custody of—
(i) a child aged less than 1 year; or
(ii) a child who has been in the person’s custody for
less than 1 year; and
(g) the person has a spouse who—
(i) is also eligible under paragraphs (a) to (f); and
(ii) is not the same gender as the person; and
(iii) has been the person’s spouse for at least 2 years;
(h) the person and the person’s spouse—
(i) are living together; and
(ii) lived together for a continuous period of at least 2
years up to the time they made an expression of
interest under division 2.
(2) Subsection (1)(f) does not include children of whom the
person is an approved carer.
Selection to meet needs of particular child
(1) This section applies if the chief executive anticipates a
particular child will need an adoptive placement.
(2) To ensure the child’s placement needs are met, the chief
executive may select 1 or more persons under this section to
be assessed for suitability to be an adoptive parent of the
(3) If the child has an approved carer, the chief executive may
select the approved carer.
(4) If a sibling of the child has been adopted, the chief executive
may select a person who adopted the sibling.
(5) If the chief executive considers there is no-one listed in the
suitable adoptive parents register who is likely to meet the
anticipated placement needs of the child, the chief executive
may select anyone who the chief executive considers is likely
to meet the anticipated placement needs of the child.
Examples of persons who may be likely to meet the anticipated placement
needs of a child—
• for a child with a disability, a person who has previously expressed
an interest in adopting a child with a disability
• for an Aboriginal or Torres Strait Islander child, a person from the
child’s community or language group
(6) A person may be selected under this section even if the
(a) does not have a conforming expression of interest; or
(b) is not listed in the expression of interest register; or
(c) does not have a spouse.
(a) the chief executive may select a person listed in the
expression of interest register who does not have a
conforming expression of interest only if the person
agrees to being selected; and
(b) the chief executive may select a person who is not listed
in the expression of interest register only if—
(i) the person agrees to being selected; and
(ii) the person is an adult; and
(iii) the person is an Australian citizen or has a spouse
who is an Australian citizen; and
(iv) the person is resident or domiciled in Queensland;
(v) for a person who has a spouse—
(A) the spouse is not the same gender as the
(B) the person and the spouse are living together.
(8) In this section—
conforming expression of interest, in relation to a child,
means a current expression of interest that—
(a) relates to a local adoption or an intercountry adoption
from a particular country, whichever is relevant to the
(b) contains preferences that are consistent with the child’s
90 Joint selection of spouses
If a person has a spouse, the chief executive may only select
the person for assessment jointly with the person’s spouse.
to adopt stepchild
Division 1 Making an application
92 Who may apply
(1) A person may apply to the chief executive to arrange an
adoption by the person of a stated child if—
(a) the person is the spouse of a parent of the child; and
(b) the person, the person’s spouse and the child are living
(c) paragraphs (a) and (b) have applied for a continuous
period of at least 3 years up to the time of the
(d) the person has been granted leave under the Family Law
Act 1975 (Cwlth), section 60G(1); and
(e) the person is an adult; and
(f) the person or the person’s spouse is an Australian
(g) the person is resident or domiciled in Queensland; and
(h) the person’s spouse is not the same gender as the person;
(i) the child is at least 5 years old and has not yet turned 17.
(2) Despite subsection (1)(i), the chief executive may accept an
application relating to a child who has turned 17 if the chief
28th April 2009, 11:41 PM
part of parlimentary speech
Eligibility to lodge expressions of interest to adopt will be extended from married couples to de
facto couples who have been in a relationship for at least two years. The bill’s objective is to ensure that
all children who require adoption, whether locally or through intercountry adoption programs
administered by the Australian government, receive the best possible care. It will also enshrine that the
child’s wellbeing and best interests, both through childhood and into adulthood, are paramount in all the
department’s deliberations. These reforms are in line with the Bligh government’s vision for a fairer
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