Victorian Adoption Amendment (Adoption By Same-Sex Couples) Bill 2015
Thursday 8 October 2015 @ 8.55 a.m. | Legal Research
On 6 October 2015, the Victorian Legislative Assembly introduced the Adoption Amendment (Adoption By Same-Sex Couples) Bill 2015, which would enable the adoption of children by same-sex couples and would amend the Equal Opportunity Act 2010 to remove the exception to the prohibition to discriminate in relation to religious bodies providing adoption services.
Background to the Bill
According to the Second Reading Speech, the Adoption Act 1984 (VIC) (Adoption Act) currently discriminates against same-sex couples based on their marital status and sexual orientation by only permitting couples in heterosexual relationships to make a joint application to adopt, and against couples in which either partner does not identify as a specific gender. The Adoption Act also discriminates against children in same-sex families based on the gender identity, marital status and sexual orientation of their family members by preventing them from being adopted by those family members.
The purpose of the Adoption Amendment (Adoption by Same-Sex Couples) Bill 2015 is to remove discrimination against same-sex couples and children in relation to adoption. Clause 7 of the bill amends section 11 of the Adoption Act to allow partners in a domestic relationship, regardless of the sex or gender identity of the partners, to have adoption orders made in their favour. Clause 17 of the bill inserts a new section 82(3) in to part 5 of the Equal Opportunity Act 2010 (VIC)(EO Act) to remove the exception to the prohibition to discriminate in relation to religious bodies providing adoption services.
According to Mr Foley, the Minister for Equality, in the Compatability Statement, the bill addresses the following issues:
- Equality before the law;
- Protection of families and children; and
- Freedom of thought, conscience, religion and belief.
Community Reaction to the Bill
According to the ABC News, The Australian Christian Lobby has pushed for faith-based exemptions allowing religious groups to refuse to place a child with same-sex couples. But the Government has said the law would not include religious exemptions.
According to the Sydney Morning Herald, Opposition Leader Matthew Guy is set to give Coalition MPs a conscience vote on the issue and he is personally supportive of same-sex adoption. Mr Guy recently said he would not be in favour of any move that undermined religious institutions.
If passed, the laws would bring Victoria into line with NSW, Western Australia, Tasmania and ACT.
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Sources:
Adoption Amendment (Adoption By Same-Sex Couples) Bill 2015 as reproduced on TimeBase LawOne
