Mr PETER BESSELING (Port Macquarie) [10.58 a.m.]: I wish to speak briefly on the Adoption Amendment (Same Sex Couples) Bill (No. 2). The overriding consideration of members of Parliament in relation to this bill is whether or not the amendments proposed today are in line with the objectives of the current legislation, and particularly whether or not the best interests of a child that is the subject of an adoption order are maintained or advanced. In considering this bill many in this Parliament have been forced to challenge our beliefs and practices and to understand how those beliefs and practices relate to the bill that is before us. My personal commitment to my family, my wife and two children has weighed heavily in my consideration of this issue. I have also sought counsel and opinion from a wide variety of sources.
If nothing else, this legislation has forced many in our community to analyse their current relationships and how they relate to their feelings about other relationships that are different to their own. People have also gained a much broader understanding of the adoption process and perhaps even a new-found respect for the wonderful gift of parenting that many in our community provide to children other than their own. Adoptions within Australia are divided into two categories: unknown and known adoptions. In unknown adoptions the child concerned generally has not had any prior contact with the adoptive parents. This usually occurs when the child has been relinquished by his or her birth parents and is available for adoption by suitable applicants. Known adoptions are where a child has an existing relationship with the prospective adoptive parents, such as relatives, step-parents and carers, including foster carers. In the case of known adoptions, the child is usually not available for adoption by other people.

The Standing Committee on Law and Justice report entitled "Adoption by same-sex couples" notes that from 1 July 2007 to 30 June 2008 a total of 125 adoption orders were finalised in New South Wales. Of those adoptions, 73 were inter-country. Of the remaining 52 local adoptions, 15 were unknown and 37 were known adoptions. Known adoptions for this period comprised 10 step-parent, 22 foster carer, three other relative and two special case adoptions. During this period 19 children were placed for adoption in the local adoption program.

Therefore, using these statistics as a guide to local adoptions, known adoptions outnumber unknown adoptions by a factor of more than two to one. In the local adoption program run by NSW Community Services a rigorous assessment process by accredited adoption agencies is undertaken to determine suitability to adopt, following which prospective parents enter a pool and have a profile prepared for consideration by the birth parents. There is no waiting list or date priority system. The birth parents have an opportunity to consider a full range of criteria that they may deem most suitable for the upbringing of their child. Consideration of the child's physical and emotional needs and age and maturity are such examples.

Under the proposed legislation this opportunity would remain to consider the nature of the prospective parents' relationship. Single, married, heterosexual, homosexual or de facto can all be taken into account. There is no evidence in relation to unknown adoptions that this bill will weaken the current objective of the Adoption Act to act in the best interests of the child concerned. It is also important to recognise that under current legislation homosexual individuals can and do adopt children in New South Wales. It is therefore beyond the comprehension of a reasonable person to submit that an individual in a safe, loving relationship can provide a better environment than the same couple working together in a safe, loving relationship.

In relation to known adoptions, there are certainly inconsistent approaches to the way society deals with same-sex couples and, in particular, to their roles as parents. Same-sex couples are currently entitled to be foster parents to children in need, fulfilling a much-needed and valuable community service. The role that same-sex couples play as foster parents goes far beyond mere tokenism and can be judged by the fact that they are actively sought through targeted advertising programs. What does it say about our society that we deem same-sex couples as good enough and suitable enough to be parents for both short-term and long-term care, yet we are unwilling to allow the bonds of family to be legally recognised through adoption based solely on the fact that they are homosexual? This bill under consideration would allow these same couples to establish a more permanent, legally recognised relationship with their foster children should they be deemed appropriate through the adoption process.

If the support for same-sex foster parenting shows that our community deems same-sex couples as worthy of consideration as parents, then it follows that adoption should be available to those same couples. Surely the eligibility requirements for foster parents should reflect as closely as possible those of adoptive parents. I note the comments from both the Uniting Care and the Benevolent Society. In a letter dated 18 August 2010 Reverend Harry J. Herbert, Executive Director of Uniting Care, New South Wales and Australian Capital Territory, notes:

The key issue for us is the best interests of the child. In our view, the same approach should apply in regard to adoption as we apply in foster care, that is, the issues should be established on the basis of the best interests of the child and without discrimination in regard to the potential adoptive parents.

Richard Spencer, Chief Executive Officer of the Benevolent Society, notes:

During our many years experience working with children and families we have seen clear evidence that an individual or couple's sexuality has no impact on their ability to provide high-quality care and a nurturing environment for a child.

This Parliament acts in the best interests of all members of our society, including those who may not be able to speak up for themselves. I believe that the objects of this bill will advance the cause of children by allowing long-term loving relationships with their parents to be recognised legally, thus providing a more secure future for those children. I therefore support the bill.
 

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