Page 4308 - Week 12 - Tuesday, 13 October 2009
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participation and engagement of children and young people during difficult family times.
We know from the evidence and adoption best practice that an adoptee’s sense of history and identity is vital to their stability and wellbeing. It is vital to their relationships with their families, both birth and adoptive. As many speakers have reflected on in this debate, a child’s name is central to their identity. The right to retain name and identity is enshrined in the United Nations Convention on the Rights of the Child. Clause 45 of this bill stipulates that an adopted child has a right to retain their first name given at birth. The bill also gives adoptive parents the option of giving their child additional names. As Mrs Dunne and Ms Hunter have touched on, it does allow name change applications in exceptional circumstances.
Under existing legislative arrangements, non-continuing birth parents are able to initiate proceedings in the Family Court after an adoption order has been made in favour of the partner of the birth parent caring for the child. This can destabilise relationships and a child or young person’s place in a successfully blended family. The bill provides certainty for children and young people. Clause 15 provides certainty to step-parents who adopt. Adoption by the step-parent must be beneficial and in the best interests of the child or young person, and the non-continuing birth parent must be consulted.
Importantly, we are amending a requirement for the consent of the birth father to adoption, whether they are known to the adoptee or not. It is important that, wherever possible, the identity of the birth father is determined and that he is involved in the decision to adopt his child. But if the birth father is unknown, this will no longer be a barrier to the adoption of a child or young person in need of a permanent family.
As other speakers have noted, the act is based on the principle of open adoption. Removal of section 58 from the 1993 act will allow the disclosure of information about a child being born as a result of sexual assault or incest. Whilst it would be distressing to learn of this currently prohibited information, it is important for an adopted adult to have the opportunity to understand the circumstances of their birth and to have access to medical history.
We are delivering practical help for all children and young people, and practical help for adoptive families. This bill takes into account the changing nature of adoption in our community. It makes the processes and procedures surrounding adoption, particularly overseas adoption, easier to understand for all families. We are also providing further support for adopting families.
Mr Speaker, adoption laws around the world vary greatly. In some cases, the legal standing of overseas adoptions has resulted in considerable confusion and legal uncertainty within Australia. The bill simplifies these processes. First, it identifies the different types of adoption orders made overseas. Second, it explains the procedures for obtaining full recognition of them in the ACT where this is necessary. This provides further certainty and support for adoptive families in the territory. In addition to simplifying processes, the bill provides for financial support to adoptive parents in special circumstances. This may be needed, for example, where a child has complex
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