Gay adoption a step too far for Bligh

We’re sorry, this feature is currently unavailable. We’re working to restore it. Please try again later.

Advertisement

This was published 12 years ago

Gay adoption a step too far for Bligh

By Daniel Hurst

The Bligh government refuses to change the law to allow same-sex couples to adopt, despite yesterday trumpeting its efforts to remove roadblocks to equality.

Treasurer Andrew Fraser last night introduced a bill into Queensland Parliament that would allow same-sex couples and heterosexual couples to register their relationship as a civil union.

Premier Anna Bligh has stopped short of backing adoption rights for gay and lesbian couples.

Premier Anna Bligh has stopped short of backing adoption rights for gay and lesbian couples.Credit: Michel O'Sullivan

Premier Anna Bligh hailed the move as an important step forward to recognise committed, loving same-sex relationships, but stopped short of backing adoption rights for gay and lesbian couples.

“This was considered by the government in August 2009 and it was decided this would not go ahead,” Ms Bligh told brisbanetimes.com.au in a brief statement last night.

“The government has no plans to revisit this issue.”

Same-sex couples are already allowed to foster children and were last year granted access to altruistic surrogacy, whereby a woman agrees to have a baby for another couple for no money.

But Queensland's adoption law, last reviewed in 2009, automatically disqualifies a person from lodging an expression of interest to adopt if they have a spouse of the same gender.

Equality advocates have previously criticised the Queensland government over the inconsistency between its policies, saying same-sex foster carers who look after a child for a long time may wish to apply to adopt that child but are legally barred from doing so.

Ms Bligh yesterday did not respond to specific questions about the rationale for not following the lead of New South Wales regarding adoption law changes.

Advertisement

Earlier yesterday, Ms Bligh said her government had an “unwavering commitment” to a fair go and equality for all Queenslanders.

“A 'fair go' cannot elevate one type of love above another, or recognise one relationship but not another,” she said while supporting the civil unions bill yesterday.

“The 'fair go' embraces dignity, recognition and acceptance for all.”

Mr Fraser last night unveiled his private member's bill allowing Queensland couples to register their relationships as civil unions.

The Liberal National Party, which dismissed the proposal as a “cheap political stunt”, criticised the relaxation of parliamentary rules to allow Mr Fraser to introduce the private member's bill last night rather than during the normal Thursday night session.

LNP MPs opposed the bill's first reading last night, with politicians voting 46-30 to allow the procedural step. The vote followed party lines but several MPs from both major parties were absent.

Mr Fraser said the bill would provide a mechanism for couples, of the same or opposite sex, to declare their relationship before family and friends in a civil partnership ceremony, but such an event would not be compulsory for registration to occur.

To be eligible to enter into a civil partnership, the two parties would have to be adult residents of Queensland who were not married or already in a civil partnership and not related to each other.

The couple would have a “10-day cooling off period” during which time the parties could withdraw their application to the Registrar-General.

Under the proposed changes, definitions in Queensland laws would be changed so that wherever the word 'spouse' appeared this would also include a civil partner.

Queensland's anti-discrimination law would also change to include civil partnership within the definition of 'relationship status', a ground on which discrimination could be proven.

Civil partnerships would be terminated automatically on the death or marriage of either party, or if one or both parties made an application to the District Court.

The court would terminate the partnership if it was satisfied the relationship had broken down and there was no chance of reconciliation. This would be proven if the parties had lived separately and apart for a continuous period of 12 months.

Mr Fraser said it was important to recognise, validate and celebrate committed relationships and the time had come for the Queensland Parliament to take action on the matter, dismissing claims the bid was election-related.

“It will allow Queensland to legally cater for what no-one can deny is the reality – that there are same-sex couples amongst us, that many of them share committed, long-term relationships, and that they deserve the same rights as the rest of us,” Mr Fraser said.

The bill was referred to the parliamentary health and disabilities committee for consideration.

It is unclear how soon the bill will be debated and voted on, but Labor MPs will be allowed to vote in line with their individual consciences rather than along party lines.

LNP leader Campbell Newman is yet to make a decision on whether his MPs will be allowed a free vote on the issue, but dismissed Mr Fraser's bill as a distraction. Mr Newman personally supports allowing gay marriage but says this is not the position of his party and he will not push for it.

LNP and independent MPs yesterday described the civil unions bid as a stunt designed to help save Mr Fraser's inner-west city seat at the looming election, due early next year.

However, campaigners for gay and lesbian rights, who came to State Parliament to hear the discussion yesterday, called on opposition politicians to “open their hearts”.

The Australian Christian Lobby, meanwhile, vowed to distribute the details of how MPs vote on the issue during the upcoming election campaign.

The move comes as the Labor party prepares to debate same-sex marriage at its looming national conference, amid growing signs of majority community support.

The NSW Parliament passed changes to that state's adoption laws last year.

Loading

Then-New South Wales premier Kristina Keneally and then-opposition leader Barry O'Farrell both backed a bill to allow same-sex couples to adopt, saying the best interests of the children would still be the main criteria in placing children with prospective parents.

They argued gay and lesbian couples should not be automatically disqualified from that assessment process.

Most Viewed in National

Loading