Page 3231 - Week 12 - Wednesday, 18 November 1992

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Consistent with the thrust to open up the adoption process, to provide adopted persons with a sense of their biological identity and to recognise the rights of birth parents, the Bill also provides for the granting of open or conditional adoption orders. This will allow the court to make orders which allow for right of access and/or the provision of information by adoptive parents to birth parents as agreed by all parties to the adoption process. The notion of open adoption is consistent with the openness and honesty preferred in modern adoption and ultimately benefits all parties to the process. It is also consistent with developments in most of the other Australian jurisdictions. Another fundamental reform is the principle, supported by legislation, that it is preferable for a child's relationships with step-parents or natural relatives not to be altered by reason of an adoption order.

As I have earlier stated, the existing ACT adoption law was primarily designed to provide for children relinquished soon after birth by single mothers for placement with unrelated adoptive parents. With the changing pattern of family relationships over the past 20 years, more and more applications for adoption have come from step-parents and birth relatives. Many such applications are made in order for the step-parent or relative to demonstrate a level of commitment and financial stability to the child. A guardianship or custody order can equally provide this demonstration of commitment in most cases, is less confusing and is more desirable for the child.

This principle of "adoption to be in the best interests of the child" is consistent throughout the Bill. An example is the incorporation of child placement principles for Aboriginal children. By recognising the unique nature of Aboriginal family relationships and the foreign notion of child ownership to Aboriginal culture, the Bill requires the court to be satisfied that the choice of adoptive parents has had regard to the desirability of the child being in the custody of an Aboriginal person and being able to maintain contact with his or her birth parents and Aboriginal community.

MADAM SPEAKER: Mr Connolly, it is 4.30 pm; so I have to propose the question that the Assembly do now adjourn.

MR CONNOLLY: I table the remainder of my speech and seek leave to have it incorporated in Hansard.

Leave granted.

Document incorporated at Appendix 2.

ADJOURNMENT

MADAM SPEAKER: The question is:

That the Assembly do now adjourn.

Question resolved in the affirmative.

Assembly adjourned at 4.30 pm


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