Page 633 - Week 02 - Thursday, 16 February 2017
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strengthen vital links between agencies, adopting parents, birth parents and support services. The second recommendation is to improve the availability and quality of information online about domestic adoption. This change is aimed at providing greater clarity around time frames and making the adoption process more easily understood.
The third recommendation concerns a major issue affecting timeliness of the adoption process—the consent process. Further work is proposed to explore dispensation of consent provisions in the Adoption Act 1993. When the consent process goes smoothly, both birth parents are easily identified, have had contact with the Community Services Directorate and agree that the adoption is in the child’s best interests. These adoptions are usually processed within 12 months. However, when the consent process does not go so smoothly, it may take up to three years to resolve, significantly delaying the adoption outcome.
Issues involving consent that may cause a delay include, for example, where multiple partners have been identified by the birth mother and limited information is available about the location, identity and the paternity of the child. In other situations a birth parent may deny that any abuse of their child has occurred and refuse to consent to the adoption on the basis that the removal of their child is unjustified. In domestic or family violence circumstances the safety of either the child or birth parent may be at serious risk if the other birth parent or relative were to be informed of the adoption.
The task force found that current requirements for dispensing with consent from birth parents are restrictive and that other jurisdictions have taken a different approach on some of the issues that arise. Changes could allow the ACT to better respond to the range of circumstances involved in adoption, but we recognise that this is a complex issue.
I know my colleagues across the floor may continue to raise questions about the timeliness of the adoption process, but I would like to remind them that we are dealing with the lives and identities of children, often some of our most vulnerable. Adoption requires time and support, particularly where it involves dispensing with consent from birth parents. It is important that we do not shy away from consent issues. However any consideration of adding or amending provisions to dispense with consent will involve extensive consultation, compliance with the Human Rights Act 2004 and balancing the rights of birth parents with the rights and best interests of children and young people.
The task force has found that the provision of specialist resources within Child and Youth Protection Services would help improve the assessment process and the delivery of adoption services. Process improvements will also require collaboration between government directorates and the community sector.
The final recommendation of the report is to continue to transition the delivery of adoption support services to the community sector, as outlined under A step up for our kids.
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