Wednesday, 4 November 2009

Second Class Families: Interstate Recognition of Queer Adoption

US law student Christine Olson has written a scholarly article-Second Class Families: Interstate Recognition of Queer Adoption [PDF]- about how in the US same sex adoptions are recognised in some States, and not recognised in others. She asserts that they should be recognised in every State, and if necessary be recognised through the US Supreme Court.

The article resonated with me, because same sex adoptions are recognised here in WA, ACT and in limited circumstances in Tasmania. A parliamentary committee has recommended that they be allowed in NSW. They are banned in the other States and Territory. Queensland, which has just reviewed its adoption laws specifically excluded same sex adoptions.

Would an adoption in one State or Territory be recognised in another? At some level it is a moot point because of recognition of adoption for the definition of "parent" under the Family Law Act - but there are other laws where it might be a critical point.

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