Adoption and Family Law are complex areas of Law particularly when it comes to same sex couples.
Whilst same sex couples are currently treated the same as hetorosexual couples under the Family Law Act when it comes to Orders for parenting, this only relates to parenting orders that already have a relationship with one of the parties. This could be a child or grandchild.
The Family Law Act is governed by the Federal Government.
Adoption however is governed by each State and Queensland has been behind the other states in adoption law for many years. However, same sex couples in Queensland may soon be legally allowed to adopt children. Much of the Queensland community supports the change. If the Law is passed in Queensland, then it will bring the rights of same sex couples into line with other States.
The only other State that will not allow adoption by same sex couples is the Northern Territory.
It is well recognised in social research that gender itself does not have any bearing on whether you can be a good parent. The focus of all parenting Orders is the best interests of the child and should not be based on the sexuality of the parents.
Shelley Argent, National Spokeswoman for Parents and Friends of Lesbians and Gays welcomed the move, saying that extended family members, not just parents, will enjoy the official recognition of family ties.
If you have a questions about Family Law, call Ruth Single, Family Lawyer on 4324 7699.