Adoption in Australia - Same Sex Couples

Same Sex Couples

Adoption for same-sex couples is currently available in Australian Capital Territory (since 2004), New South Wales (since 2010), Western Australia (since 2002), and in Tasmania (since 2013). In Queensland, Northern Territory, Victoria and South Australia, same-sex couples cannot legally adopt a child under their adoption legislation, but can become foster parents. Single LGBT people may adopt in all states/territories (except in South Australia and Queensland, which have bans on single people registering for an adoption), but individuals seeking to adopt are considered less of a priority than couples and lengthy waiting lists for adoption make it virtually impossible. Individuals may usually only adopt a child with special needs or in cases of exceptional circumstances. Only South Australia is considered legislation allowing the adoption of children for same-sex couples after elections won by the Labor party, which promised to "review" the adoption legislation.

The Queensland, Victoria and Northern Territory governments have no plans to review or change the law, to allow same sex couples the right to adopt children.

Western Australia became the first Australian state to allow same-sex adoptions when its Labor government passed the Acts Amendment (Lesbian and Gay Law Reform) Act, 2002 which in turn amended the Adoption Act, 1994 (WA). This allowed same-sex couples to adopt in accordance with criteria that assesses the suitability of couples and individuals to be parents, regardless of sexual orientation.

Australia's first legal gay adoption, by two men, occurred in Western Australia in June 2007. Subsequently, on 2 August 2007, the federal government under Prime Minister John Howard announced it would legislate to stop same-sex couples adopting a child from overseas, and would further not recognise adopted children of same-sex couples. The federal Coalition’s proposed Family Law (Same Sex Adoption) Bill would amend the 1975 Family Law Act and override state and territory laws that currently cover international adoptions. The bill was due to be introduced in the spring 2007 session of parliament, but has been taken off the agenda following the 2007 federal election.