BLIGH ANNOUNCES MAJOR OVERHAUL OF ‘OUTDATED’ ADOPTION LAWS

Published Monday, 14 July, 2008 at 03:23 PM

JOINT STATEMENT

Minister for Child Safety and Minister for Women
The Honourable Margaret Keech

Premier
The Honourable Anna Bligh

Queensland Premier Anna Bligh today announced her Government would overhaul the State’s adoption laws, some of which are over 40 years old.

Ms Bligh said reform of the Adoption of Children Act 1964 was well overdue, with a review remaining dormant since 2001.

“I am taking this issue out of the ‘too-hard’ basket where it’s been for far too long,” Ms Bligh said.

“Our adoption laws, which have not been comprehensively reformed in over four decades, are the most restrictive in the country and that’s not good enough.

“I want Queensland adoption legislation to reflect modern Queensland and we will have a Bill before the Parliament before the end of the year,” she said.

Ms Bligh said as part of the reform, the Government would examine the best way to give adopted people and birth parents equal access to information about their history.

“Under current laws, anyone involved in adoptions before June 1991 are denied identifying information if the child or birth parent has lodged an objection. This objection remains in place even after their death,” Ms Bligh said.

“That means an adopted child seeking information about their family origin, including medical history, is denied access to it and with close to 3000 adopted Queenslanders affected by this outdated legislation – there are a lot of unanswered questions.

“It’s time we took a good look at the nature of these laws that essentially deny a small group of people the right to their identity.

“This is a complex and sensitive issue and there are many considerations, especially around a person’s right to privacy – but that is not a reason to ignore this. We can do better,” she said.

Child Safety Minister Margaret Keech said a consultation paper released today would examine the best way to give people involved in adoption prior to 1991 the same access to information as those post-1991, while maintaining the right to privacy.

It seeks public comment on:
• whether Queensland should adopt the Western Australian model, which would remove past objections to the release of identifying information;
• whether current objections to the release of identifying information should have to be renewed every five years; and
• whether objections to the release of identifying information should expire when a person who lodged them dies.

“Under the Western Australian model, all objections to the release of identifying information were converted to objections to contact in 2005,” Mrs Keech said.

“Information is only released if the person seeking the information signs a legally enforceable undertaking not to contact the other party.

“This is an emotive issue and people will have firm opinions, which is why we’re asking the people of Queensland for their thoughts on how we can best strike a balance.”

Mrs Keech said proposed changes to information provisions were one aspect of wider reform, which would also look at ensuring birth fathers have equal rights to mothers in the adoption process.

Copies of the Balancing privacy and access: Adoption Consultation Paper are available at www.getinvolved.qld.gov.au or by free-call 1800 811 810. Consultation closes on Friday, 19 September 2008.


Monday, 14 July 2008

Media: 3224 4500 (Premier’s office) or 3224 7081 (Minister Keech’s office)