Victoria has moved closer towards equal adoption rights for same-sex couples, with the state government starting the process of removing discrimination from the adoption system.
The government has commissioned a review, to be headed by Eamonn Moran QC, to establish what legal changes were needed to allow the adoption of children by same-sex couples in the state.
The review should open the way for legislation to change adoption laws by the middle of the year, also addressing inequalities such as the inability of same-sex couples to adopt a child conceived via IVF and a bar on step-parents adopting their partner’s child.
At present, gay couples in Victoria are not allowed to legally adopt children. Removing this barrier would bring Victoria into line with New South Wales, the Australian Capital Territory, Western Australia and Tasmania.
Victoria’s Labor government said it would “honour its election commitment and remove discrimination against same-sex couples and their children” but would make any legal changes based on the best interests of children.
Martin Foley, Victoria’s minister for equality, said: “Many same-sex couples and their families find themselves unrecognised under the law, leaving parents and children facing long-term insecurity about their future with the people they love.
“Our review will tell us the best ways to legislate for adoption equality, to make sure we get it right.
“I am committed to working with Victoria’s LGBTI communities to abolish every last bit of discrimination from our laws and services.”
Labor will have to rely on the votes of the diverse crossbench in Victoria’s upper house to legislate any changes to the state’s adoption laws.
The Victorian Gay & Lesbian Rights Lobby said all MPs should listen to their constituents and consider the legislation on its merits.
“There are hundreds of children living in rainbow families across Victoria who will positively benefit from this important reform,” said Corey Irlam, co-convener of the lobby group.
“Children on permanent care orders who may become eligible for adoption by their carers; children with step-parents; children who may need to be adopted by family members – Victoria needs to provide these children the legal certainty of two parents.
“These kids don’t deserve to be discriminated against because the person who loves them and parents them happens to be in a same-sex relationship.”
In January, the Victorian premier, Daniel Andrews, become the first serving premier to lead the state’s gay pride march. Speaking at the event, Andrews vowed to ensure “every bit of bigotry will be removed from the Victorian statue books”.
