Adoption and Parenting
Currently there are no specific barriers to gay individuals adopting children, except that men cannot adopt female children. However gay couples cannot adopt as couples. In recent years, Government white papers and Law Commission Reports have suggested inclusive reform is advisable, although wider reform of adoption generally appears to be possible.
On 21 May 2006, Green List MP Metiria Turei raised the issue of gay adoption, arguing that New Zealand's Adoption Act 1955 did not meet the complexities of contemporary New Zealand society. She argued following the enactment of the Civil Union Act in particular that eligible lesbian and gay prospective parents should be enabled to legally adopt. At present, gay Green List MP Kevin Hague has taken over this member's bill, which is currently awaiting being drawn from the ballot for member's bills Parliament holds from time to time. With the recent abolition of the provocation defence, the Adoption Act 1955, and the denial of marriage-proper, have now become the sole remaining areas of substantive LGBT-related inequality within New Zealand law.
Many lesbian couples are now raising children in New Zealand. Where these children are conceived through donor (sperm) insemination both of the lesbians are recognised on the children's birth certificates (the birth mother as 'mother', the other mother as 'other parent'). This is following the Care of Children Act 2004, which modified the Status of Children Act 1969 (see Part 2). Fostering and guardianship are also recognised in New Zealand law and regulation, and reproductive technology has been accessible since 1994.
The current status of New Zealand adoption law is that while it is possible for the former coparent to individually adopt the child of her (or his) partner if she (or he) has had predominant parental responsibility during the absence of that partner, it is not similarly possible for a long-term lesbian (or gay) coparent within an ongoing relationship to do likewise, although guardianship orders are available in this context. Ironically, the cited case would have been superseded by the Care of Children Act 2004, given that the children had been parented through donor insemination (see below)
The donor is not recognised as a legal parent in New Zealand law. However, parents and donors can make formal agreements as to how things will work but the Courts do have flexibility as to whether they recognise these agreements or not (see section 41 of the Care of Children Act 2004).
As well, lesbians who may have trouble conceiving using artificial means may be eligible, as other NZ women are, to help through publicly funded in vitro fertilisation (IVF). However, there are conditions on this and every woman needing IVF are scored as to their eligibility.
Read more about this topic: LGBT Rights In New Zealand
Famous quotes containing the words adoption and/or parenting:
“Frankly, I adore your catchy slogan, “Adoption, not Abortion,” although no one has been able to figure out, even with expert counseling, how to use adoption as a method of birth control, or at what time of the month it is most effective.”
—Barbara Ehrenreich (b. 1941)
“In a famous Middletown study of Muncie, Indiana, in 1924, mothers were asked to rank the qualities they most desire in their children. At the top of the list were conformity and strict obedience. More than fifty years later, when the Middletown survey was replicated, mothers placed autonomy and independence first. The healthiest parenting probably promotes a balance of these qualities in children.”
—Richard Louv (20th century)