Same sex adoption bill divides parliament

Same sex adoption bill divides parliament

A private members bill which will allow same-sex couples to adopt in NSW was passed by state parliament’s Lower House last week with the slimmest of margins at 46 votes to 44.

The bill, proposed by independent MP and Lord Mayor of Sydney Clover Moore, also contains amendments modifying anti-discrimination provisions which would allow faith-based agencies to refuse services to gay couples without fear of legal action so that the preferences of birth parents can be met.

Same-sex parent and owner of Flying Penguin toys, Vicki Harding, says the bill represents a huge step in the rights of same-sex couples in NSW.

“We’re very happy about the fact the bill has made it this far,” she said.

“This feels so much more personal than a lot of the previous reforms.”

Ms Harding’s daughter Brenna lives with her and her partner, Jackie and the issue is an important one for this family.

“For Jackie to be able to adopt her is not just symbolic, it’s also about security, it’s about legitimacy,” Ms Harding said.

The bills creator, Lord Mayor Clover Moore is quoted in a 2009 Legislative Council of Australia report on same-sex adoption, ‘Report 39’ as stating excluding same-sex parents from adopting is discriminatory.

“This [law] encourages the community to view gay men and lesbians as lesser people who deserve lesser rights,” she is quoted.

“[And] it disrespects the value of parent-child bonds between same-sex couples and their children.”

One of the most common questions raised about same-sex adoption relates to the right of the child to have both a mother and a father.

This point was raised by Christian Democratic Party leader, Reverend Fred Niles when he spoke against the bill at NSW Parliament House last month.

“If we wish to discuss human rights, we should discuss the human rights of the adopted child,” he said.

“Who has a basic human right to a have [both] male and female parents.”

This assertion is questioned by a recent study published in the American Journal of Marriage and Family who’ analysis of 81 parenting studies found parent’s genders have little impact on children’s development.

There is also the curious inconsistency of same-sex couples being allowed to function as foster-carers as no specific legislation exists to prevent them from doing so, unlike the adoption act.

As noted by the Department of Community Services in its answers to questions on notice: “people in same-sex relationships have been included in foster care programs and have demonstrated  themselves as being very capable of providing sound parental care for children in need.”

The amendment to the Adoption Act was passed by the NSW Upper House on September 8 by a margin of 22 votes to 15.

You can find more information about Flying Penguin Toys at www.flyingpenguin.com.au