Adoption and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill modernises Queensland's adoption laws after a five-year statutory review. It opens adoption to same-sex couples, single people and people undergoing fertility treatment, improves access to adoption records (including information about possible birth fathers), and removes an old criminal offence for breaching pre-1991 contact statements. It also tightens the step-parent adoption process and allows in-person contact between adopted children and their birth families during interim orders.
Who it affects
Adopted people, birth parents and prospective adoptive parents — especially same-sex couples, single people and those in fertility treatment who were previously ineligible. Step-parents seeking to adopt, and adopted people from pre-1991 adoptions looking to access records, are also directly affected.
Key changes
- Same-sex couples, single people and people undergoing fertility treatment can now apply to be adoptive parents
- The two-year relationship and cohabitation requirement for couples is removed
- Adopted people can now get information about a possible biological father even if he doesn't meet the strict legal definition
- The criminal offence (up to 2 years jail or 100 penalty units) for breaching a pre-June 1991 contact statement is abolished
- Courts must keep an adopted child's existing first name unless there are 'exceptional circumstances'
- Step-parents must apply for a final adoption order within one year of getting their suitability report
- The definition of 'relative' now includes grandparents, grandchildren, and kin recognised under Aboriginal tradition and Torres Strait Island custom
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Sept 2016View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined this bill to modernise Queensland's adoption framework, including broadening eligibility to same-sex couples and single persons, improving access to adoption information, and removing the offence for breaching contact statements. The committee was unable to reach a majority decision on whether the bill should be passed. Government members supported the amendments, while non-government members did not support a recommendation for passage, primarily over concerns about same-sex couple eligibility.
Key findings (4)
- The proposed amendments to eligibility criteria for same-sex couples were the dominant focus of submissions, with strongly contested research cited on both sides regarding child outcomes
- Submitters broadly supported improvements to access to pre-adoption information, including provisions for birth father records and consent by adult relatives where a person cannot be located
- The removal of the criminal penalty for breaching contact statements was widely supported, with contact statements retained as a mechanism for expressing contact preferences
- The bill was informed by a comprehensive government review of the Adoption Act 2009 and aimed to align Queensland with adoption laws in other Australian jurisdictions
Committee report tabled
▸Second Reading2 Nov 2016View Hansard
▸12 members spoke9 support3 mixed
As Minister for Communities, Women and Youth, moved the second reading of the bill to remove the last discriminatory barrier preventing LGBTI Queenslanders from adopting, expand eligibility to single persons and persons undergoing fertility treatment, and improve access to adoption information.
“I am so proud that the Palaszczuk government with this debate today is moving to overturn discriminatory laws to make it legal for same-sex couples to adopt children in Queensland.”— 2016-11-02View Hansard
As shadow minister for child safety, supported the second reading but indicated the opposition would divide on clauses expanding eligibility to same-sex couples and single people, arguing there is no demand for adoption in Queensland to justify the expansion.
“Whilst supporting the passing of the bill through the second reading, the opposition will divide on specific clauses that seek to expand the eligibility criteria for adoption to single people and same-sex couples.”— 2016-11-02View Hansard
Supported the bill on behalf of the committee, noting that research from Australian law reform commissions and the Australian Institute of Family Studies shows children in same-sex families are healthy and well adjusted.
“Arguments such as those received by the committee that single-parent families lack a relationship model and complementary parent dynamic or the necessary family stability and security to provide an ideal environment for an adoptive child are incorrect.”— 2016-11-02View Hansard
As Minister for Environment, strongly supported the bill, recounting the story of a same-sex couple raising a foster child who could not be adopted under existing law.
“For children, that is so important. They do not care if their parents are gay; they care whether their parents love them.”— 2016-11-02View Hansard
Expressed disappointment that the government has not demonstrated the need to expand eligible adoptive parents given low numbers of children needing adoption, and complained of rushed consultation.
“It is disappointing that the government has not demonstrated the need to expand or grow the number of eligible adoptive children based on the very limited numbers of children needing adoption each year in Queensland.”— 2016-11-02View Hansard
As Minister for Housing and Public Works, supported the bill as part of Labor's reforms to remove discrimination against LGBTI people from Queensland law.
“There should be no roadblock to gay couples adopting children, just like any other couple. What counts—and this is always the important thing—is the love that parents give to their kids.”— 2016-11-02View Hansard
Supported the bill, arguing that as a modern society we should allow same-sex couples and single parents to adopt, as the core of raising a child is providing a loving, caring and nurturing environment.
“These amendments go to same-sex couples and single parents, and I say why not? As a modern society, we should, as I said in the committee process, just get on with it.”— 2016-11-02View Hansard
Supported the bill as another strike against discrimination, reinforcing the Palaszczuk government's message that everyone is considered equal in Queensland.
“This bill is another strike against discrimination in our state ... we are saying with this bill that members of the LGBTI community are equal, that they do have the same rights as anyone else to adopt a child, and it is about time.”— 2016-11-02View Hansard
Supported the bill, drawing on personal experience of adopted cousins from Colombia raised by her aunt and uncle, and emphasising that family is defined by love rather than blood.
“The happiness of family is not dependent on the gender mix of the family. A happy family is not about a man and a woman; a family is about love and safety.”— 2016-11-02View Hansard
Raised concerns about the rushed consultation and committee reporting process and the lack of demonstrated need to expand eligible adoptive parents.
“There has been no demonstration for the need to expand or grow the number of eligible adoptive parents based on the limited number of children needing adoption in Queensland each year.”— 2016-11-02View Hansard
Supported the bill, arguing the evidence suggests a family's overall functionality is much more important than its form and drawing on his personal experience of same-sex families in his community.
“The evidence suggests that, when it comes to ensuring the interests of a child are well met, a family's overall functionality is much more important than its form.”— 2016-11-02View Hansard
As Minister for Employment and Industrial Relations and the mother of an adopted daughter, strongly supported the bill as being about basic human rights and equality.
“This is about equality. This is about human rights. This is not about whether there are enough children to go around ... This is about basic human rights—equality out there for everybody.”— 2016-11-02View Hansard
▸In Detail2 Nov 2016View Hansard
▸4 clause votes (all passed)
Vote on clause 13
Vote on retaining clause 13, which relates to the expanded eligibility criteria for same-sex couples, single people and persons undergoing fertility treatment; tied 43-43 and carried by Speaker's vote.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (43)
Noes (43)
Vote on clause 7
Vote on retaining clause 7, which expands the eligibility to adopt (removing the requirement for opposite-gender spouses); tied 43-43 and carried by Speaker's vote.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (43)
Noes (43)
That clauses 17 and 18, as read, stand part of the bill
Vote on retaining clauses 17 and 18, which are related to the expanded eligibility provisions for adoption; tied 43-43 and carried by Speaker's vote.
The motion passed.
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Ayes (43)
Noes (43)
That clauses 28 and 29, as read, stand part of the bill
Vote on retaining clauses 28 and 29, which relate to the expanded eligibility provisions for adoption; tied 43-43 and carried by Speaker's vote.
The motion passed.
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Ayes (43)
Noes (43)
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Sectors Affected
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