Page 4305 - Week 12 - Tuesday, 13 October 2009
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The ACT has a reputation for being progressive and supportive of Canberrans seeking to adopt a child from overseas. This was commented upon by the House of Representatives Standing Committee on Family and Human Services in its 2005 inquiry into overseas adoption in Australia. However, for some time the ACT’s adoption services have been delivered within an outdated legislative framework. This bill fills in a number of existing gaps in providing guidance about intercountry adoption practice and responsibilities under national and international covenants.
I am sure we have all heard similar stories about the complexities of intercountry adoption from bewildered and sometimes distressed constituents, family and friends. This bill clearly sets out the obligations upon the ACT government to ensure that the rights of all children from overseas joining a new family in Canberra are properly protected. It clearly identifies linkages to Australian government legislation and the international governance of intercountry adoption, ensuring that these adoptions are carried out properly and ethically. The legislation also provides for a guide for prospective adoptive parents, explaining the range of processes involved in adopting a child from different countries.
A new division 4 has been added to the bill and it describes the additional legal requirements for families seeking to adopt a child from overseas. The bill includes in its schedules the Hague convention on child protection and cooperation in respect of intercountry adoption. Australia ratified this convention in 1998 after the current Adoption Act was enacted.
The bill explains the role assigned to governments, referred to as central authorities, under the Hague convention. Australian central authorities facilitate adoptions only from countries that have signed the Hague convention or with whom Australia has a bilateral arrangement in relation to adoptions. Even so, each of these countries has its own unique laws that mean that the legal status in Australia of children adopted from overseas varies from country to country.
Furthermore, approximately a quarter of children adopted from overseas are adopted in their country of birth by parents who are living overseas at the time. With overseas postings being a feature of many Canberrans’ lives, this option is often taken up. The legislation also explains the involvement of the Australian Department of Immigration and Citizenship and the Department of Foreign Affairs in managing the entry into Australia of children adopted overseas.
It is clear that overseas adoption is a complex process and may take several years to complete. The legislation will not speed up these processes, but for the first time it will explain them clearly and help to prevent inadvertent and sometimes painful errors along the journey.
Overseas adoption programs are rapidly changing. As domestic adoption programs become more established in many countries, there is a declining need for overseas children to be adopted. Many overseas authorities are now seeking adoptive homes for children with complex medical and social backgrounds, older children and children in sibling groups.
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