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Our reference: COM 05698-2016

14 OCT 2016

Ms Leanne Linard MP Chair Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee Parliament House Alice Street BRISBANE QLD 4000

Dear Ms Linard

~2/) ~ Queensland Government

Office of the

Director-General

Department of

Communities, Child Safety and Disability Services

Thank you for the opportunity to respond to submissions received by the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee (the Committee) regarding the Adoption and Other Legislation Amendment Bill 2016 (the Bill).

Please find enclosed for your consideration, a response to the written submissions received by the Committee in relation to the Bill.

If you require any further information or assistance in relation to this matter, please do not hesitate to contact Ms Megan Giles, Executive Director, Legis lative Reforms, Department of Communities, Child Safety and Disability Services, on

I trust this information is of assistance.

Yours sincerely

Enc (1)

13th Floor 111 George Street Brisbane Queensland 4000 GPO Box 806 Brisbane Queensland 4001 Austra lia General Enquiries Telephone Facsimile Email Website www.communities.qld.gov.au

Attachment 1

Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee

Issues raised in further written submissions regarding the Adoption and Other Legislation Amendment Bill 2016

The Department of Communities, Child Safety and Disability Services (the department) was provided with 45 submissions from:

1. Jill Antuar 2. Simon Tinkler 3. Yolande Stiffel 4. Janelle Patch 5. Mark Northage 6. Confidential 7. Janice de Bruyn (Mrs) 8. Liz O'Keefe 9. Ian and Claire Murray 10. Brisbane LGBTIQ Action Group 11. Confidential 12. Adopt Change 13. Family Voice Australia 14. Family Inclusion Network Queensland

(Townsville) Inc 15. Australian Marriage Forum

16. Australian Family Association 17. Queensland Family and Child Commission - QFCC

18. John Chapman

19. Robert Ferguson 20. Anonymous 21. Confidential 22. Tavia Seymour 23. Adrian Watter 24. Alastair Lawrie 25. Anna Fabian 26. Judith Glover 27. Anti Discrimination Commission Qld 28. Sharan Hall 29. Peter Nally 30. Australian Christian Lobby - ACL 31. Griffith University 32. Jolea Rogers 33. Legal Aid Queensland 34. LGBTI Legal Service 35. Robyn Stout 36. Gary 37. Queensland Law Society 38. Paul Byrne 39. Bridget (Marie) McCullagh 40. Kerri-Ann Caswell 41. Frankie Pepper 42. AASW 43. Kevin Zagami-Late Submission 44. FINseq 45. Leo Goggins

Note: the submission numbering above reflects the numbering on the submissions as provided by the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee.

Summary The majority of submissions were generally supportive of the Bill and its objectives. Some of the overarching issues raised in submissions focussed on the following common themes: The broadening of the eligibility criteria to allow same-sex couples and single people to have their names entered into and remain on the expression of

interest register. A number of submissions stated a belief this was not in the best interests of a child. o It is noted:

The Act will continue to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of their lives, are paramount.

Inclusion of a person’s name in the expression of interest register does not confer an entitlement on the person to be selected to have his or her suitability to be an adoptive parent assessed.

The department will only select couples for assessment if, based on their profile, they are likely to be able to meet the anticipated placement needs of children requiring adoptive placements (section 88(4)). The same rigorous suitability assessment process applied to heterosexual couples will apply to same-sex couples and single people.

Part 7 Division 2 of the Adoption Act 2009 outlines other factors that are to be considered when making a decision about which couple to select for an adoptive child such as the preferences of birth parents. Prior to a placement decision being made, birth parents are provided with de-identified profiles of a number of couples to allow them to engage in the matching process and for them to have a say in which family they feel best aligns with their preferences.

The removal of the offence and associated penalty for a breach of contact statements for adoptions which occurred before June 1991. o It is noted:

Stakeholders impacted by past forced adoption policies and practices expressed strong views about contact statements, including that the offence provision and its penalties may cause considerable fear and trauma.

The Bill does not propose amendments to limit the ability of a person to put a contact statement in place. Those already in place will continue.

A contact statement does not prevent a person from receiving adoption information. It allows a party to an adoption to express their wishes as to whether (or not), and how, the person should be contacted in the future.

Section 271 of the Adoption Act 2009 requires a qualified officer to conduct an interview with an applicant for information where there is a contact statement in place, to advise of the person’s wish not to be contacted and the reasons for the contact statement, if known. The Bill retains this provision.

A number of submissions referred to matters provided for by the Adoption Act 2009 that are further directed by the department’s Adoption Practice Manual. The Adoption Practice Manual, utilised by departmental officers, aims to facilitate standardised practice across the state by providing a comprehensive set of procedures that guide and inform the delivery of adoption services by the department.

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Issue No. Submitter No. and Submitter

Clause Section of Adoption Act

2009

Support or comments from submitters Department of Community Services, Child Safety and Disability Services

(the department) response

Eligibility for inclusion on the expression of interest register (EOI register)

1. Expanding the eligibility criteria to allow same-sex couples to have their name entered and remain in the EOI register.

No. 1 Jill Anutar

13; 18. 76; 92. Does not support the expansion of the eligibility criteria to apply to same-sex couples because they are not legally married in Australia.

The best available evidence indicates that meeting the best interests, needs and welfare of a child is not dependent on whether a child has a mother and father, same-sex parents or a single parent. For example, a 2014 cross-sectional survey of Australian children with same-sex attracted parents found these children scored higher than population samples on a number of parent-reported measures of child health (Crouch et al, 2014). In an overarching research paper conducted for the Australian Government’s Child Family Community Australia information exchange, a vast array of studies and literature were reviewed to reach the conclusion there is strong evidence that same-sex parented families constitute supportive environments in which to raise children (Dempsey, 2013). The 2009 New South Wales Standing Committee on Law and Justice: Adoption by same-sex couples (inquiry) concluded, based on their extensive research, that ‘evidence is weighted in favour of family functioning as the primary determinant of outcomes for children, regardless of gender and sexuality’. This committee also provided that ‘research demonstrates that the development of positive relationships, and the provision of a supportive, nurturing and loving environment, benefit children most in both the short and longer term’.

No.4 Janelle Patch

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Notes a study conducted by Dr Paul Sullins and published in Education Society and Behavioural Science and suggests that children raised by same sex-couples have double the risk of emotional, mental health or developmental problems.

No.7 Janice de Bruyn

Does not support the expansion of the eligibility criteria to apply to same-sex couples.

No 15. Australian Marriage Forum

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that: There is a need to preserve the natural context for a

child’s development and having a mother and a father.

There are many childless married couples and few children.

There is the need to minimise trauma on the child on the basis of: o The peer stress of being in an a-typical

household. o Instability of same sex couples. o Substance abuse and depression.

Notes the following in reference sections: Barwick H., “Dear gay community, your kids are

hurting,” The Federalist, March 17, 2015, accessed July 1, 2016, http://thefederalist.com/2015/03/17/deargay-community-your-kids-are-hurting/ (opinion piece, does not cite any literary sources).

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(the department) response Life without Father Compelling New Evidence That

Fatherhood and Marriage Are Indispensable for the Good of Children and Society (New York: The Free Press, 1996).

Most recently, a study from the US used data from the 2011 – 2012 National Survey of Children’s Health to compare children in households of female same-sex parents with those in different-sex households. The study found there were no differences in outcomes for children from these different family structures (Bol et al, 2016). Regardless of these findings, the Act will continue to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of their lives, are paramount. The remaining criteria in section 76 of the Act, which are not proposed to be amended by the Bill, must be satisfied for a person to be eligible to enter or remain in the expression of interest register. The same rigorous assessment process applied to heterosexual couples will apply to same-sex couples and single people who express interest in adopting a child. In deciding whether a couple is likely to meet children’s anticipated placement needs (section 88(4)), the couple’s profile, including their characteristics and the preferences they have expressed relevant to adopting a child, are taken into account. Part 7 Division 2 of the Adoption Act 2009 outlines other factors that are to be considered when making a decision about which couple to select for an

No. 16 Australian Family Association

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that eligibility criteria should include: Married couples only Increasing the marriage duration requirement Suggests that allowing single persons and same-sex couples to adopt: Destroys the notion of having a married mother and

a father and depriving the child, highlights benefits of being raised by a biological family

Damages culture in society. Violates the rights of the child.

No. 18 John Chapman; No. 45 Leo Goggins

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that a child should have a mother and a

father.

No.20 Anonymous; No. 25 Anna Fabian; No. 39 Bridget (Marie) McCullagh

Does not support the expansion of the eligibility criteria to apply to same-sex couples.

No. 22 Tavia Seymour

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that couples should be married and that children should be raised by two people of different genders.

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No. 23 Adrian Watter; No. 32 Jolea Rogers; No. 35 Robyn; No. 38 Paul Byrne Stout; No. 40 Kerri-Ann Caswell; No. 41 Frankie Pepper

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that children should have a mother and a father.

adoptive child. This includes the preferences of parents in relation to matters such as the child’s religious upbringing, characteristics of the adoptive parents and family and the degree of openness they would like in any adoption arrangement. Sections 66 and 67 outline how the department must plan each year on the number of couples it will select for assessment based on the likely number of children requiring an adoptive placement, the characteristics and therefore the number of couples to meet the need. The department’s ‘Queensland and Intercountry Adoption Handbook’ (section 3.1) outlines this for couples. This ensures the child is matched and placed with persons who will best meet the child’s wellbeing and best interests. Once a couple is selected for assessment, a rigorous assessment process is undertaken (Part 6). The first stage of the assessment involves: personal history checks including

criminal, domestic violence, traffic and child protection history for all adult household members to ensure there is no unacceptable risk of harm to a child

health checks to determine whether a couple can provide stable, high-level care for a child until they reach adulthood.

If couples are assessed as meeting these bases of suitability, the department will ask a couple to provide further documentation and participate in a home study assessment which involves a

No.28 Sharan Hall Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that it is not in the best interests of the child as it will lead to disadvantage.

No. 29 Peter Nally Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that the best start in life is with male and female adoptive parents and that there is an oversupply of heterosexual couples who want to adopt a child.

No. 30 Australian Christian Lobby

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that the eligibility criteria are amended to include the requirement that adoptive parents are together in a heterosexual marriage.

No. 13 Family Voice Australia

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that a child should have a mother and a father and that a married family is the best environment for raising children.

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minimum of four to five face-to-face interviews in a couple’s home. The home study assessment report enables the department to make a final decision about a couple’s suitability (section 109). Part 6, Division 5 of the Act provides for how the chief executive must decide whether a person is suitable to be an adoptive parent. These provisions require the chief executive to decide whether a person or a member of the household would pose an unacceptable risk of harm to a child adopted by the person; that the person has good health; and is of good character. The provisions require the chief executive to have regard to the guiding principles in the Act; the person’s capacity to be an adoptive parent; their attitudes to children and parenting, as well as adoptive parenting; the quality of the person’s relationship with their spouse; and the person’s adjustment and acceptance of their infertility (if this is the case). This assessment includes the person’s attitude to and understanding about children and their physical and emotional development and the responsibilities and duties of parenthood, including a need a child may have to form or maintain relationships with significant persons. For the Queensland adoption program, the department considers all couples entered in the Suitable Adoptive Parents Register to match and place a child with a person or couple who will best meet the needs of the particular child requiring adoption. If a child has particular needs such as a disability and no one listed in the

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(the department) response Suitable Adoptive Parents register can meet the needs to the child the department can select another couple or single person (section 89).

Recommends if same-sex adoption is permitted, the legislation should account for faith-based concerns and exempt both current and potential future service providers from placing children with same-sex couples.

An exemption for service providers is unnecessary as adoption services in Queensland are administered by the department and post-adoption support service providers do not have a role in matching and placing children requiring adoption.

Recommends if same-sex adoption is permitted, the legislation should not discriminate against professionals participating in the adoption process who have conscience or professional issues with same-sex adoption.

The Act provides a high level of guidance, including factors to be considered regarding selection and assessment of suitable adoptive parents to ensure that any decisions made are in the best interests of the child. Adoption Services has a robust process which involves a number of stages and panels to select the most appropriate couple. The decision is clearly documented with the delegation for placement decisions sitting with the Manager. Prior to a placement decision being made birth parents are provided with a number of couples de-identified profiles to allow them to engage in the matching process for them to have a say in which family they feel best aligns with their preferences. This is part of contemporary open adoption practices. A further safeguard is that the Children’s Court is required to make an interim adoption order before a child can be placed with a couple and the requirements of making an interim adoption order (section 183) require the court to only make an order if satisfied that the department has complied with

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(the department) response the relevant sections in selecting the couple.

Due consideration should be given to the rights of parents to determine the religious and moral upbringing of children and giving due weight to their values and beliefs.

The Act requires the chief executive to have regard to a birth parent’s preferences, including the child’s religious upbringing and characteristics of the child’s prospective adoptive parents and adoptive family (section 157). Consideration of the birth parent’s preferences is important to promote a positive relationship between all parties to an adoption and facilitate open adoption where appropriate. Birth parents can choose to contribute to the decision-making process about the placement of their child and be provided with de-identified profiles of prospective adoptive parents which describe their family make up, family environment and the lifestyle that applicants plan to provide for a child who may need an adoptive placement.

Current and potential parents should not suffer any adverse discrimination as a result of their faith or their support for the traditional family unit.

Adoption provides a mechanism for children who require an adoptive placement with a family who can best meet their needs. Some intercountry adoption programs have specific requirements regarding a person’s religion which are outside of the control of the department.

No.5 Mark Northage

Does not support the expansion of the eligibility criteria to apply to same-sex couples. States that “the best environment for the raising of children is with their married biological parents – not ‘perfect’ but better, on average, than all other alternatives” and “married heterosexual couples can most readily and closely replicate the environment of loving parents and ‘belonging in a family’ that the adopted children need.”

Unfortunately, not all children can remain living at home with their biological parents. Adoption is a way to provide a permanent family for children who, for various reasons, cannot live with their birth family. Adoption is one of a range of legal options for meeting a child’s long-term permanency needs and there are very

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No.9 Ian and Claire Murray

Does not support the expansion of the eligibility criteria to apply to same-sex couples. Suggests that: every child has the right to be raised by his or her

biological parents so to legislate a ruling to make this impossible is a breach of that right.

research shows that children raised by their biological parents do better emotionally, mentally and developmentally in the long term.

few children who require a long-term permanent legal arrangement in Queensland, for whom adoption is the most suitable option.

2. Expanding the eligibility criteria to allow single persons to have their name entered and remain in the EOI register.

No.1 Jill Anutar

7; 10; 13.

68; 71; 76. Does not support the expansion of the eligibility criteria to apply to single persons on the basis that they are not legally married in Australia.

The Act will continue to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of their lives, are paramount. Single persons will be selected and assessed for suitability as adoptive parents on the same basis as couples are assessed (part 6 of the Act). This includes considerations of financial stability; the person’s willingness and ability to ensure a child’s safety and wellbeing; and attitudes to children and parenting. Section 89 of the Act recognises that in some cases, the needs of a child requiring adoption may best be met by a particular single adoptive parent, if the person is determined to be the most suitable adoptive parent for the child. The Australian Institute of Family Studies Family Matters, 2009 Issue No. 82 acknowledged that being a single parent family doesn’t necessary lead to adverse outcomes for children.

No.7 Janice de Bruyn

Does not support the expansion of the eligibility criteria to apply to single persons.

No. 13 Family Voice Australia

Supports adoption by single persons in extraordinary cases. Suggests that such cases should be restricted to instances where a child has an existing relationship with a potential adoptive parent.

No. 15 Australian Marriage Forum

Does not support the expansion of the eligibility criteria to apply to single persons. Suggests that: There is a need to preserve the natural context for a

child’s development and having a mother and a father.

There are many childless married couples and few children.

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No. 16 Australian Family Association

Does not support the expansion of the eligibility criteria to apply to single persons. Suggests than an eligibility criteria should include: Married couples only Increasing the marriage duration requirement. Suggests that allowing single persons to adopt: Destroys the notion of having a married mother and

a father and depriving the child, highlights benefits of being raised by a biological family.

The Australian Institute of Health and Welfare, in its A picture of Australia’s children 2012 report found that family functioning and the relationships that children have with their families are the most important influences on child development and psychological wellbeing. The emphasis is placed on the benefits living in strong and stable families, irrespective of family types.

No.20 Anonymous; No 22 Tavia Seymour; No. 23 Adrian Watter; No.28 Sharan Hall; No. 29 Peter Nally; No. 32 Jolea Rogers; No. 35 Robyn Stout; No. 38 Paul Byrne; No. 39 Bridget (Marie) McCullagh; No. 40 Kerri-Ann Caswell; No. 41 Frankie Pepper; No. 43 Kebin Zagami.

Does not support the expansion of the eligibility criteria to apply to single persons.

3. Expanding the eligibility criteria to allow persons undergoing fertility treatment to

No. 31 Griffith University

13 76. Does not support the expansion of the eligibility criteria to include persons undergoing fertility treatment. Suggests that it is not in the best interest of the adopted children to pursue adoption at a time when their goal is to create a biological family. Recommends that the Act is amended to make it clear

The Bill removes the requirement that people are not undertaking fertility treatment to have their name entered and remain in the EOI register. This recognises the significant period of time a person may remain on the EOI

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(the department) response have their name entered and remain in the EOI register.

that individuals must have completed fertility treatment before having their name on the EOI register and applies at all stages of the adoption process. Recommends that the department ‘close a loophole arising from section 76(1)(e) of the Adoption Act 2009 QLD. It should be made clear that the requirement for individuals or couples undergoing fertility treatments to have completed treatments before having their name entered into the EOI register applies at all stages of the adoption process.’

register, and, if assessed as suitable, the suitable adoptive parents register before a child may be placed with them. It is considered unreasonable to prevent a person from pursuing parenthood through other means, such as fertility treatment, during this time when there is no certainty of adoption. The existing requirement in the Act to have regard to the person’s adjustment to, and acceptance of, their infertility, when assessing the person’s suitability to become an adoptive parent will continue. Consideration is commonly given to how a person has dealt with infertility in the past, including loss and grief; and that the person has processed the fact emotionally that they may be unable to conceive their own biological child. The following existing eligibility requirements, however, will remain: a person may not be added to or

remain on the EOI register if the person is pregnant (sections 76 and 80)

a person may not be added to or remain on the EOI register if the person has custody of a child under one year of age (existing section 76)

a person may not remain on the suitable adoptive parents register if the person is pregnant (section 146)

a person is not eligible to be selected as a prospective adoptive parent if the person is pregnant (section 159)

an interim adoption order cannot be granted to a person who is pregnant (sections 183 and 196).

No. 39 Bridget (Marie) McCullagh; No. 40 Kerri-Ann Caswell; No. 41 Frankie Pepper

Does not support the expansion of the eligibility criteria to include persons undergoing fertility treatment.

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4. Expanding the eligibility criteria –adoption by relatives


N/A N/A Recommends that the eligibility criteria are amended to grant those seeking to adopt a child from within their own extended family an exemption from the rules around being pregnant or having a baby.

Adoption by relatives does not usually occur in Queensland as relatives are generally able to care for a child without a change to the child’s legal identity. Adoption by relatives is allowable under s89(5) of the legislation in limited circumstances, whereby the chief executive may, if there is no-one in the suitable adoptive parent register likely to meet the anticipated needs of the child, select anyone who the chief executive considers likely to do so. However, it is not common practice for a relative, other than a step-parent, to adopt a related child due to the altering of legal relationships between the child and their extended families. The Family Law Act 1975 (Cth) provides a range of options allowing a person who has parental responsibility for a child to make legal decisions to ensure their wellbeing and bests interests are met. Family law orders legally acknowledge the responsibilities of people providing parental care without legally changing a child’s relationships with their biological relatives. This means the child’s legal identity is preserved as they develop relationships with various family members over time, whereas adoption severs a child’s legal relationship with their biological parents and extended family. A child’s identity and preservation of relationships are important issues that must be considered in all adoptions to make sure the best interests of the child are met throughout their life. A person is not eligible to be selected as a prospective adoptive parent if the person is pregnant, as the first year of

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(the department) response placement is a critical time for an adopted child to bond and form a secure attachment to their adoptive parents.

Contact statements and associated penalty

5. Removal of offence and associated penalty for a breach of contact statement for adoptions which occurred before June 1991.

No. 39 Bridget (Marie) McCullagh

55; 56. 271; 272. Does not support the removal of the offence and associated penalty. Suggests that the existing penalty may have some deterrent effect and the penalty is needed to protect the privacy of individuals.

The department is unaware of any prosecutions for the statutory offence under the current provision; however, stakeholders impacted by past forced adoption policies and practices expressed strong views about contact statements, including that the offence provision and its penalties may cause considerable fear and trauma. The removal of the offence and associated penalty for breach of a contact statement for adoptions which occurred prior to June 1991 will allow for the consistent operation of all contact statements in Queensland. The obligation under existing section 271 on the chief executive to communicate information contained in a contact statement to a person affected by the statement who makes a request for information, is maintained. The changes proposed by the Bill will allow for the consistent operation of all contact statements in Queensland, regardless of when the adoption occurred and align Queensland with other states and territories that have made changes to their legislation in recent years. For example, in Western Australia the commencement of the Adoption Amendment Act 2012 (WA) removed the offence relating to breach of contact vetoes. More recently, on 25 August 2015, amendments to the Adoption Act

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(the department) response 1984 (Vic) commenced, which removed contact statements and related offences from the Victorian legislation.

No. 42 Australian Association of Social Workers

Supports and suggests the need for the provision of appropriate supports from qualified professionals when an applicant is requesting access to information contained in the contact statement.

Under section 271 of the Act, a qualified officer means an officer of the department who the chief executive is satisfied has appropriate qualifications or experience to carry out interviews under this section. The Bill retains these provisions. Adoption Officers providing services to clients under the Act are required to hold a relevant tertiary qualification in psychology, social work or human services. In addition, the department will continue to encourage affected persons to seek support from relevant support services, such as Post Adoption Support Queensland and Jigsaw Queensland Inc.

Access to information

6. Broadening the definition of ‘relative’ for access to information provisions


44. 249. Supports, however, recommends greater clarity in relation to the processes and guidelines in place when determining who may be deemed a relative under Aboriginal and Torres Strait Islander custom.

Relevant operational policies will be updated to assist in determining who may be deemed a relative under Aboriginal and Torres Strait Islander custom. This will include updating of the Adoption Practice Manual, chapter 9 (access to information, applications for identifying information).

44; 45; 48.

249; 256; 263. Proposes greater consideration should be given to broadening the concept of ‘relative’ to also include significant relationships for the child, which may not be covered by the amendments.

The Bill introduces discretion for the chief executive to consider the need for consent is not required (clauses 45 and 48). This will enable consideration to be given as to whether information should be released in circumstances, including where a relative cannot or unreasonably withholds the relevant consent.

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7. Discretion to consider the need for consent to release information is not required in exceptional circumstances

No. 14 Family Inclusion Network Queensland (Townsville) Inc

45; 48; 51.

256; 263; 265. Supports. Proposes this discretion is also applied to adopted persons under 18 years of age.

The Bill’s introduction of discretion for the chief executive to consider the need for consent is not required when providing information, is applied to adopted persons both under and over 18 years of age (clauses 45 and 48, new sections 256(8) and 263(5)).

Proposes supportive counselling is offered to all affected by the decision to consider the need for consent to release information is not required.

Where appropriate, the department may provide information, support and/or counselling to an adopted child, an adoptive parent or a birth parent who has applied for information or whose consent is sought for the release of information. The purpose of the information, support or counselling provided is to assist the person to decide whether to seek the information or consent to the release of information (section 259) and to ensure the person receives the required support considered necessary and appropriate in the circumstances. Post Adoption Support Queensland (PASQ) can also provide counselling and support to anyone affected by an adoption. PASQ is funded by the department and offers: telephone counselling and support face-to-face counselling support and information during the

search process mediation and assistance for people

wishing to make contact with relatives.

Proposes instances where consent to access information should be waived if the person is ‘heading towards mental ill health, self-harm, or anti-social behaviour’.

The examples of ‘exceptional circumstances’ provided in the Bill regarding when consent is not required to release information, are not exclusive and will be determined on a case-by-

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Supports, however, recommends that exceptional circumstances include medical reasons such as genetic information or donor needs, especially in the case of inherited disease or life threatening conditions.

case basis.

Retaining a child’s name after adoption

8. Retaining a child’s name after adoption

No. 14 Family Inclusion Network Queensland (Townsville) Inc

43. 215. Supports, but considers the circumstances in which a child’s name can be changed in a final adoption order should be ‘very’ exceptional.

The example of ‘exceptional circumstances’ provided in the Bill is included to provide guidance to the court in interpreting section 215 and is not exclusive. The specific example provided in the Bill is intended to include circumstances where the name is perceived as offensive. Exceptional circumstances will be determined by the court on a case-by-case basis. Existing provisions in the Act (section 215(2)-5)) are maintained in clause 43 (replacement section 215(3)), which require the court to make the order that will best promote the child’s wellbeing and best interests; have regard to the child’s right to preserve the child’s identity; and consider whether the child is generally known by, or identifies with, any of the child’s existing names.

No. 17 Queensland Family and Child Commission

Supports. Concerned, however, that the example of ‘exceptional circumstances’ to be introduced in s215(2) of the Act is ambiguous, and does not fully explain the intent of the provision. Recommends a more specific example, such as a situation where an adopted child’s first name is perceived as offensive.


Supports retaining a child’s name, however, recommends the example of ‘exceptional circumstances’ is reviewed. Believes that the example is too vague and would not usually meet a standard for ‘exceptional circumstances’. Recommends a set of criteria about what exceptional circumstances include and that key to this is maintaining the child's cultural identity and heritage and that wherever possible the child's views must be considered.

Contact during interim orders 9. Adoption plans No. 14 Family

Inclusion Network Queensland (Townsville) Inc

35. 170-173. Supports. Suggests that adoption plans are required for all adoptions and supports open adoption in all but exceptional circumstances. Recommends the introduction of post-adoption support services as per the model recommended by eminent UK researchers.

The guiding principles for the administration of the Act promote openness and honesty about the child’s adoption and encourage ongoing contact between a child and their family. An adoption plan is only compulsory and required to be in place before a final order is made in the following

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(the department) response circumstances (sections 170 – 173): when a child’s prospective adoptive

parents and birth parent/s wish to have in-person contact between the child and the child’s birth family after the adoption

the child to be adopted is, or has been, in out-of-home care

the child is an Aboriginal or Torres Strait Islander child to be adopted by a person or couple from outside of his or her community.

However, an adoption plan may not be appropriate in all cases, including where it is not considered in the child’s best interests. The process used in developing an adoption plan for a child is already very similar to the practice model recommended by the well-known ‘Contact after Adoption’ study that the submission references. The principles underpinning the model are that contact should be purposeful; individualised, and that contact is a relationship-based process that is dynamic across time.

Adoption by step-parents

10. General.

No.8 Elizabeth O’Keefe

42. 208. Supports, however in some cases appointing a step-parent as a guardian would be just as effective. Believes some families want child of another father to have the same name as future children and this should be, as much as possible, done with the consent of that child and the natural parent.

Under the Act (section 208) an adoption order can only be made in favour of a step-parent in ‘exceptional circumstances’ and with the consent of a birth parent, unless the need for consent has been dispensed by the court. When a child is able to express their views, the child’s views about the adoption are provided to the court for consideration when making an adoption order or discharging an adoption

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11. Suitability report. No. 36 Gary

24; 41. 138; 204. Recommends a 6-month timeframe for a suitability report to be provided to a step-parent by the department.

It is not possible to place a timeframe on providing suitability reports. The suitability report is only one component of the step-parent adoption process. Placing a timeframe on such an important, life altering decision for a child would not be in the best interests of a child. Step-parent adoption, like other forms of adoption, permanently changes the legal identity of a child. The department must ensure the same rigorous assessment is undertaken regardless of the diverse nature and complexities of different families.

Further review

12. Birth certificates No. 26 Judith Glover

N/A. 289. Made the following recommendations for the next review of the Act, regarding birth certificates: Recommended reinstating original birth certificates of adoptees, showing their name at birth and the names of their birth parents, and issuing an Order of Adoption to show change in guardianship, and hence identity. Recommended as a second preference that all adoptees are issued with integrated birth certificates showing both pre- and –post adoption information.

The Department of Communities, Child Safety and Disability Services will continue to work with the Department of Justice and Attorney-General (the department responsible for administering the Registry of Births, Deaths and Marriages) to investigate options regarding birth certificates for adopted persons.

13. Discharge of adoption.

No. 26 Judith Glover

N/A. Sections 219-226.

Made the following recommendations for the next review of the Act, regarding discharge of adoption: Legal, financial and mental health support for

adoptees wishing to discharge their adoptions. Note that the vast majority of adoptions were done

without the consent of the child. The current requirements for discharge of adoption are excessively onerous upon an adoptee and have the effect of entrapping them in a legal relationship which many do not desire.

The issue of discharge of adoption was explored by the department with post-adoption stakeholders and it was agreed that a change to the legislation is not required. However, the department is continuing to explore options for providing greater support to adoptees in discharging adoption orders. Post Adoption Support Queensland already provides emotional support to individuals affected by adoption, including those undergoing or

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(the department) response considering discharge of adoption.

14. A ban on advertising children for adoption.


N/A. N/A Made the following recommendation for the next review of the Act, regarding the advertising of adoption: Recommends a ban on advertising children for adoption is legislated so that it can never happen in Queensland, acknowledging it is not the practice of the Queensland Government to advertise children on the internet for adoption; however, other Australian states allow agencies to undertake this practice.

The Queensland Government does not advertise children on the internet for adoption.

15. Additional support for birth families after placing a child for adoption.


N/A. N/A. Made the following recommendation for the next review of the Act, regarding support for birth families: The provision of counselling and other supports for

birth families, including grief and loss counselling and support to maintain contact with their child under the adoption plan.

Birth parents are provided with the names of the post-adoption support services that can assist them after their child has been adopted. The department also offers support to birth families when they engage in the Mailbox service and can refer them to the support services again at this time.

16. Ongoing regulated outreach with the adopted family until a child turns 18 years old.


N/A. N/A. Made the following recommendation for the next review of the Act, regarding outreach with the adopted family until a child turns 18 years old: Recommend this is extended until a child turns 18 years old. Suggests a review and report at least once per year to ensure that the best interests of the child continue to be met.

At the time a final adoption order is made the adoptive parents are the legal parents of the child and are afforded all the rights and responsibilities of any other parent in the community. It would not be in the child’s best interests to continue to have a statutory agency involved in their life. Adoptive parents are encouraged to connect with the adoption community to access support and to help their child adjust to being adopted. Many adoptive families engage in post-adoption support or meetings with local adoption support groups.

Other issues

17. General No. 13 Family Voice Australia

N/A. 6. Believes that all policy discussion on adoption should be undertaken within the framework of always acting in the best interests of the child. Needs of the parents should

The Act will continue to be administered under the principle that the wellbeing and best interests of an adopted child, both

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(the department) response be considered only a secondary objective of policy formulation.

through childhood and the rest of their lives, are paramount. The best interests of a child will also continue to be the guiding principle for policy discussions and formulation.

18. General – Timeframes for adoption


N/A. 19. Recommends adoption from birth should, wherever possible, be completed within six months of a child’s birth to enable the baby to form attachments with their primary caregivers – their adoptive mother and father.

The department recognises it is generally in the best interests of a child requiring adoption to be placed as soon as possible. However, there are a number of essential safeguards in the Act to ensure birth parents provide informed consent that is free from coercion and that adoption is in the child’s best interests. The Act reflects contemporary practices and ensures that parents are afforded all the time and information they require to consider all their options. A rigorous selection and assessment process is necessary to determine who is most appropriate to become the child’s adoptive parents.

19. General – Jurisdictional


N/A. 139. Recommends a proposal to the Council of Australian Governments (COAG) to develop a mechanism that would allow a couple on the adoption register of one state to transfer their registration to a new state.

It is existing practice in Queensland to allow people on the suitable adoptive parents register in another state or territory to transfer their file to Queensland, provided they are eligible under section 76 of the Act, to have their name entered in the EOI register (section 139 of the Act). People on the suitable adoptive parents register in Queensland can also request to have their file transferred to another state or territory, with this process being facilitated by the department.

20. General – Abortion No. 30 Australian Christian Lobby

N/A. N/A. Recommends women considering abortion are provided with mandatory counselling, independent of abortion providers, in order to explore all the avenues available to them and their unborn baby, including adoption.

The department refers birth parents considering adoption for their unborn child to Children by Choice and encourages them to seek support from the hospital social worker or their general

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(the department) response practitioner to assist them in making an informed choice.

21. General – Surrogacy


N/A. 76(1)(ea)(i)-(ii). Believes pursuing surrogacy arrangements while proceeding with adoption may be incompatible with the best interests of the adopted child and should be included in the Bill. Recommends that: Surrogacy arrangements are treated in the same

manner as fertility treatments, and do not occur concurrently with pursuing adoption.

Surrogacy and donor information should be kept and also be available to the adoption person where it applies to them.

There should be a provision made for the collection and maintenance of statistical data relating to the adoption of surrogacy children.

A person who is an intended parent under a surrogacy arrangement is not eligible to have their name entered or remain in the EOI register.

22. General No. 39 Bridget (Marie) McCullagh

Schedule 1.

N/A. Does not support: The drafting of the Bill to remove gender-specific

language.

Gender-specific language has been removed in accordance with contemporary drafting practice.

23. General – consent No. 42 Australian Association of Social Workers (AASW)

N/A. 24; 25; 175. Believes that the Act provides little clarification at a legislative level about who is an approved counsellor; believes the Act has to ensure that those providing counselling have the necessary qualifications and experience. AASW recommends the approach in Queensland's Surrogacy Act 2010, which lists the appropriate qualifications and recommends including the word ‘accredited’ before the words ‘member of the Australian Association of Social Workers’.

Adoption Officers providing services to clients under the Act are professional officers who are required to hold a relevant tertiary qualification in psychology, social work or human services.

No. 44 FIN SEQ N/A. 23; 24; 26. Believes section 26 of the Act (Parents’ access to legal advice) is insufficient. Views the barriers for parents accessing legal advice as many, and asserts that without legal representation parents cannot provide true informed consent to adoption.

Section 26 of the Act is broad, to give birth parents sufficient choice in the adoption process. Extensive pre-consent information and counselling is provided to birth parents by an adoption officer or a child safety officer to ensure they can provide

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(the department) response informed consent. The pre-consent counsellor must, in line with section 23(2) and 24 of the Act: explain the prescribed information

under section 23(1) to the parent provide counselling to the parent

about the prescribed information provide the counselling in a way that

allows the parent to ask questions and discuss the prescribed information as it relates to the parents and the child’s circumstances.

24. General – support services


N/A. N/A. Believes that the government has responsibilities to provide adequate and appropriate life-long adoption services for families, adoptive families and adoptees. Believes that there is a significant need for legislation to recognise that individuals and families involved in the adoption process require varying forms of support at different stages throughout their lifespan.

People affected by adoptions in Queensland can access support through Post Adoption Support Queensland (PASQ) across their life span. PASQ is funded by the department and offers: telephone counselling and support face-to-face counselling support and information during the

search process mediation and assistance for people

wishing to make contact with relatives.

25. 129. Suggests that greater consideration should be given to persons undergoing fertility treatment. More support must be given to the needs of persons who have undergone unsuccessful fertility treatments and how this may impact on their ability to become an adoptive parent. Suggests that greater research and consultation is required.

There is a body of research that supports the importance of these matters in determining whether a person is ready to commit to an adoption and they will continue to be an important consideration in assessing a person’s suitability to become an adoptive parent. The department can refer persons who may have undergone unsuccessful fertility treatments to relevant counselling and support services if required (at their own expense). The grief and loss

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(the department) response associated with infertility is also incorporated in education sessions with prospective adoptive parents. The existing requirement in the Act to have regard to the person’s adjustment to, and acceptance of, their infertility, when assessing the person’s suitability to become an adoptive parent will continue. Consideration is commonly given to how a person has dealt with infertility in the past, including loss and grief; and that the person has emotionally processed the fact that they may be unable to conceive their own biological child.

25. Permanency/ Adoption from out-of-home care.

No. 12 Adopt Change

17. 89. Supports open adoption and developments in legislation that facilitate timely, positive outcomes for children. Encourages further reform regarding permanency planning; however, notes this would require increased support services with the increase in adoption that will follow.

Whether or not adoption is suitable for children in out-of-home care is dependent on the individual care needs of the child. There are many other potentially viable alternatives for securing permanency for children in long-term out-of-home care, such as a kinship care or a long-term guardianship order to a suitable person that is not the chief executive. The department is progressing a number of reforms and initiatives under the Supporting Families Changing Futures reform program which are designed to improve permanency outcomes for children in contact with the child protection system. A comprehensive review of the Child Protection Act 1999 is underway, which


Believes in adoption as a preference for permanency planning. Recommends that where an at-risk child’s parents have not significantly improved their ability to care for their child within the first six months of an order being made, the child’s permanent care or adoption is arranged. Recommends that additional support is given to families who adopt a child from care to account for the trauma of family disintegration and uncertain care.

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No. 33 Legal Aid Queensland

Note there may be a consequential effect on the Adoption Act 2009 due to the review of the Child Protection Act 2009 and recommendation in the Child Protection Commission of Inquiry that child safety services consider and pursue adoption in cases where reunification is not feasible.

considers a range of options for legislative change to improve permanency outcomes for children. The review is also considering and being informed by the permanency reforms and practices in other jurisdictions. The department is undertaking a dedicated project to respond to recommendation 7.4 from the Queensland Child Protection Commission of Inquiry recommendation that the department ‘routinely consider and pursue adoption (particularly for children aged under 3 years) in cases where reunification is no longer a feasible case plan goal.’ This work will focus on policy and practice changes, including workforce cultural change to respond to and implement this recommendation. The My Home care initiative is being implemented by the department to expand placement options for children who are unable to live permanently with their families. The initiative is designed to recruit a new cohort of permanent foster carers who can care for a child under a long-term guardianship order. Couples who are listed on the suitable adoptive parents register or who have committed to an adoption assessment, to consider becoming permanent foster carers for children can be invited to be assessed to become permanent foster carers.

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No. 44 FIN SEQ Does not support the amendments, including long-term guardians in provisions relating to approved carers.

The amendment to include long-term guardians in provisions relating to approved carers is in line with the original intent of the Act. This amendment is merely correcting an oversight.

Do not consider adoption as an alternative to the provision of care when parents are unable to provide for their children.

A comprehensive review of the Child Protection Act 1999 is underway, considering a range of options for legislative change for the regulation of out-of-home care.

Believes that carers should be required to undergo the same rigorous background and familial checks that all potential adoptive parents are required to undertake.

The Queensland Family and Child Commission (QFCC) is reviewing the assessment and approval processes for foster carers. The QFCC will report to government in early 2017 on the outcomes of the review. Any findings or recommendations from the QFCC review will further inform the options proposed for legislative changes to regulation of out-of-home care as well as policy and practice reforms.

Believe the current foster care assessment and approval process has proven to be insufficient; carers should be required to undertake the same process of adoption as any other potential adoptive parent, including supporting parental contact with children if requested.

Believes that independent legal advice for biological parents should be mandatory for parents who have children in the child protection system being considered for adoption.

All parents requesting adoption for their children are provided with contact details for Legal Aid and encouraged to seek independent advice as per section 26 of the Act. A mandatory requirement for birth parents to access and receive legal advice takes away a birth parent’s choice to seek advice and could present a range of challenges. For example, birth parent/s may be concerned about their privacy, particularly in regional and

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(the department) response remote localities and find it difficult to access specialist legal advice in the adoptions area. Requiring birth parents to seek legal advice may also slow the adoption process down further. This may have the unintended consequence of an adoptive child languishing in state care for a longer period of time than is necessary. Timely placement is critical given issues of bonding and attachment with any prospective adoptive parent/s. Requiring birth parents to seek legal advice may also present challenges in those circumstances where the birth parent/s are difficult to engage or have lifestyles that may impact upon their ability to access legal advice. Some of the parents that engage in the process already have dealings with the police/court system and are reluctant to further involvement.

Concerned about the inter-relationship of the possible amendments to the Child Protection Act 1999 and this Bill, particularly the recommendation in the Child Protection Commission of Inquiry that Child Safety consider and pursue adoption in cases where reunification is not feasible.

The department is undertaking a dedicated project to respond to recommendation 7.4 from the Queensland Child Protection Commission of Inquiry that the department ‘routinely consider and pursue adoption (particularly for children aged under 3 years) in cases where reunification is no longer a feasible case-plan goal.’ This work will focus on policy and practice changes, including workforce cultural change to respond to and implement this recommendation.

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