Australian Gay and Lesbian Law Blog –“Surrogacy: Family Court Guide” by Stephen Page

Stephen Page, who is one of the best GLBTI legal bloggers around continues his excellent series of posts relating to  Surrogacy in Australia (and for Aussies heading overseas for Surrogacy).  This posting by Stephen relates to the Family Court cases relating to Surrogacy in Australia, and is a great read (albeit full of legal aspects).  Stephen’s blog can be found here (http://lgbtlawblog.blogspot.com)

In 2008 there were amendments to the Family Law Act to recognise children born in Australia as children of the parties under the Family Law Act, but only if there were State or Territory laws allowing a parenting order, and that order had been made. It should be noted at this point that different rules may apply in Western Australia to the rest of Australia. As seen below, there have been some nightmare cases involving surrogacy.
As Justice Crisford stated in the Family Court of Western Australia:

In recent years the use of artificial insemination procedures has risen dramatically, both here and overseas. They were once procedures of last resort for infertile heterosexual married couples. They have now become a mainstream solution for various reproductive challenges including absence of a heterosexual partner. New groups such as single women seeking to raise a child alone, same sex couples and gay men who have arranged for a mother to carry their child have used these procedures.

Whilst technology has grown and the ambit of artificial insemination procedures has expanded the legal system lags behind. This can lead to complicated child custody disputes between the parties.

Some of the cases refer to leave to adopt. Getting leave to adopt is a first step in the adoption process. Leave can only be obtained form the Family Court.

The cases I have written about are from the Family Court. I was unable to find any Federal Magistrate Court cases.

Re Evelyn (1998) - the nightmare case, where two couples agreed that the wife in one couple would be the surrogate for their friends. One couple lived in South Australia, where surrogacy was illegal. The other couple lived in Queensland, where it was also illegal. Re Evelyn is the classic demonstration as to the benefits of extensive regulation and counselling with surrogacy. This is because the surrogate mother decided to keep the child, and not hand her over. Ultimately the Family Court considered that this was in the best interests of Evelyn.

Re Mark(2003)
In 2003, Mr X and Mr Y approached the Family Court for orders concerning their child, Mark. They were a gay couple who lived in Victoria. At the time, it was illegal in Victoria to engage in commercial surrogacy, and the ban extended outside Victoria (including overseas).
This ban didn't stop Mr X and Mr Y. They went to a commercial surrogacy clinic in California, and ultimately Mark was conceived and born. It was gestational surrogacy agreement: the sperm was Mr X's, but the egg was not the surrogate's but that of an anonymous donor.
In accordance with Californian law, the surrogate relinquished all rights, and Mr X and Mr Y were deemed to be the parents. A court order was made in California that Mr X was the father. By virtue of that order, and Mr X's DNA, Mark was an Australian citizen by descent, and therefore able to migrate and live, as an Australian citizen here.
Mr X and Mr Y were granted joint parenting orders by the Family Court. Justice Brown said that the fact that the surrogacy agreement would be  illegal in Victoria was "irrelevant".

Cadet and Scribe (2007)
A gay couple, Mr Cadet and Mr Camden, again apparently from Victoria, where it was an offence to enter into surrogacy, including outside Victoria, went to a clinic in Ohio. A child was born through a surrogacy agreement. An order was made in an Ohio court that the child was that of Mr Cadet. The child was considered to be an Australian citizen by descent.
The matter came before Justice Brown, who made an order for joint parental responsibility.

Raines and Curtin (2007)
Mr Raines and Ms Banner had a child through an altruistic surrogacy arrnagement with Ms Curtin. The arrangment was illegal in Victoria. The child was conceived from the sperm of Mr Raines and the egg of Ms Curtin. Justice Brown made an interim order granting parental responsibility to Mr Curtain and Ms Banner. Her Honour also indicated that she would make final orders to allow them leave to adopt.

Justice Brown stated:
The court has an obligation to make it clear that surrogacy agreements are not able to be enforced pursuant to the laws of Victoria. That is a matter within State law. I say nothing further on that subject. The court’s jurisdiction is to make parenting orders in respect of children, on application by a parent, grand parent or other interested party. I am satisfied the applicants have the status to bring the application and the court the jurisdiction to make the orders sought....On the evidence now before me, there is no reason to doubt the bona fides of all the parties to this application. No doubt each will understand that the court must ensure it is not being used to “rubber stamp” inappropriate arrangements, which may not be in the best interests of the children involved.

G and G (2007)
This was strictly a surrogacy case, but shows some of the complications that can arise when mixing IVF and family breakdown. Mr and Mrs G had split up. Before they split up, Mrs G's embryos had been stored at an IVF clinic. By the time they got to the Family Court of Western Australia, Mr G sought ownership of the eggs. He wanted them to be donated to an infertile couple or used in a surrogacy. At the time, surrogacy was illegal in Western Australia. Mrs G wanted them discarded. The dispute got ugly:

Mrs G] says that ...she had a telephone conversation with [Mr G] in which he told her words to the effect that he will agree to the destruction of the embryos if she agreed to give him 80% of the assets. [Mr G] denies this.
[Mr G] was also cross-examined on several remarks he has made in relation to the embryos. He admits that at a barbeque he told one female, in response to her offer to be surrogate, that he preferred her other friend because she had big hips and would be able to carry triplets. He inferred that for this purpose all six embryos should be implanted in the woman. This comment shows [Mr G] ignorance in relation to issues surrounding implantation of the embryos. [Dr P] gave evidence that in a woman under 35 years only one embryo would be implanted at a time. In a woman over that age two embryos would be implanted. He also admits that he left a message on [Mrs G]’s phone threatening that he would send the “right to lifers” over to her work in attempt to change her mind about allowing the embryos to succumb.
In my opinion [Mr G] has enjoyed the notoriety which has arisen as a result of the dispute over the embryos. I have serious doubts about his motives in seeking, at all costs, that the embryos not be destroyed.
In cross-examination [Mrs G] admits that she did at one point reluctantly agree with [Mr G] that she would donate the embryos but only because [Mr G] threatened her that he would take the matter to the Supreme Court. [Mrs G] says that after reading the donation form and the conditions she did not want to go through with donation.

The effect of the agreement with the IVF clinic was to ensure that Mrs G became pregnant. Mrs G did not want to become pregnant. Justice Penny ordered that the embryos were not property, and that sole decision making about the embryos was vested in the wife.

King and Tamsin (2008) involved the Family Court making an order for joint parental responsibility for a child born by a friend acting as a surrogate. The case was decided in Melbourne, where surrogacy was illegal, but it is unclear if the parties came from Victoria, or whether the child was born in Victoria.

Re Michael (2009) - another nightmare case, which demonstrated that an altruistic surrogacy in NSW did not lead to an adoption, due to the failure of NSW to properly regulate altruistic surrogacy. (It would not have prevented a Re Mark type order, if that had been sought, but apparently it wasn't.)

Rusken and Jenner (2009) was the first case of a couple who had had a child by surrogacy, and had then split up. Mr Rusken and Ms Jenner were married and lived in South Africa. They entered into a commerical surrogacy agreement with Ms Woedene, paying her 50,000 to 60,000 Rand. It was unclear, ultimately (and it appears no one did a DNA test) as to whether the egg that was fertilised that resulted in the birth of the child was Ms Jenner's or Ms Woedene's. Mr Rusken and Ms Jenner were shown on the birth certificate.
Mr Rusken, Ms Jenner and the child subsequently migrated to Australia, and later split up. Ms Woedene had contacted South African authorities to ensure that the birth certificate was altered to ensure that the father was changed to "unknown" and that she was shown as the mother. Justice Bell had to determine whether Mr Rusken was the father. He had no doubt that he was. He treated Ms Jenner as the mother.
Justice Bell stated:

 

It is not Ms Woedene’s rights which may be fair under the South African law. It is not here. We have jurisdiction. We apply our laws. It has been set as long ago as 1979 in Gronow that being a mother does not give you a preferential position. It is a factor, an important factor but it does not give the mother a preferential position. The Court has to consider all matters, an important factor which is the mother. That leads me then on to Ms Woedene.
Ms Woedene was paid to become pregnant. She indicated to me she received some 50,000 to 60,000 rand. I have not been informed of the exchange rate but it is something like 6 or 5 rand to the Australian dollar. That is on the bank rate. She was paid something like nine to $10,000. She indicates that, as a result of that, as a result of her being the birth mother, the child should return to South Africa, should be wrenched away from his father, should be wrenched away from the environment which he has known since 2002, even though he was only a baby at the time, be wrenched away from his emotional mother, his emotional father, be wrenched away from his school, from whatever friends he has, and returned to South Africa where Ms Woedene has four children of her own, all of whom are adult and has fostered two other children. She runs a shop.
She has not put before me one jot of evidence which would convince me that the child’s welfare would be advanced by his being wrenched away, not from Australia but from his present environment and I cannot, for one moment, accept that that would be to his benefit. In fact, I reject her claim totally. It may be I might be persuaded to allow her to be able to contact the child when he is with his mother but not otherwise.

Justice Bell made an order for the child to live with Ms Rusken, spend time with Ms Jenner, and that a copy of the orders be sent to South African authorities.

Hutchens and Franz (2009)
Mr and Mrs Hutchens entered into an altruistic surrogacy agreement with Ms Franz, resulting in the birth of a child. The child was conceived by Mr Hutchens' sperm, and Ms Franz' egg. All parties lived in South Australia, where altruistic surrogacy was illegal and void. Justice Strickland ordered that Mr and Mrs Hutchens, who had cared for the child since it was 2 days old have leave to start adoption proceedings. An order had previously been made giving Mr and Mrs Hutchens parental responsibility.

[Source: Original  Article]

Read More

Australian Gay and Lesbian Law Blog “Federal Government hasn't warned about surrogacy risks” by Stephen Page

The Federal Government in its how to websites has not warned Australians that they might risk prosecution in Australia  for engaging in overseas surrogacy arrangements.

The risk of prosecution was highlighted again a week ago when Queensland passed new surrogacy laws, which criminalise those ordinarily resident in Queensland from accessing overseas commerical surrogacy clinics.

Similarly, if residents of the ACT access overseas commerical surrogacy clinics, they also commit an offence and are at risk of being prosecuted.

No doubt because these are the countries that Australians go to the most for commerical surrogacy, the Federal Government has set up websites at theAustralian Embassy in Washington and the Australian High Commission in New Delhi containing  how to guides for those contemplating overseas commercial surrogacy.

On neither of the sites is there any mention that it is an offence for a resident of Queensland or the ACT to engage in a commerical surrogacy agreement overseas, nor whether the Department of Immigration and Citizenship will refer people to Queensland or ACT authorities for prosecution. The Department in its Australian Citizenship Instructions likewise makes no mention that ACT or Queensland residents accessing commercial surrogacy clinics overseas commit offences in the ACT or Queensland respectively, nor whether these residents will be referred by Departmental officials to ACT or Queensland authorities for investigation and/or prosecution. 

Australian Embassy, Washington DC

This is what the Australian Embassy says. It makes no mention of possible criminal charges or of whether ACT or Queensland authorities will be notified:

Children born through surrogacy arrangements applying for Australian Citizenship by Descent 
Information about applying for Australian Citizenship by Descent 
Please access our website for information and instructions related to Australian citizenship by descent.

Please access our checklist for instructions for how to lodge an Australian citizenship by descent application in Washington.

Children born through surrogacy arrangements 

Anyone considering entering into a surrogacy arrangement outside Australia is urged to exercise extreme caution. They should make sure they are well informed of the Australian legislative requirements for registering such a child as an Australian citizen by descent, and should ensure they are aware of the legal status of surrogacy in the country in which the arrangement is to occur. 

Australia is a party to the United Nations Convention on the Rights of the Child and the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, which include obligations to ensure the best interests of the child are a primary consideration in relevant actions, and aim to prevent the abduction, sale and trafficking of children. 

Applications for Australian citizenship by descent for children born outside Australia as a result of surrogacy arrangements are assessed according to legal requirements set out in the Australian Citizenship Act 2007 (the Citizenship Act), and the policy guidelines set out in the Australian Citizenship Instructions. 

Under these guidelines, a child born overseas as a result of a surrogacy arrangement may be eligible for Australian citizenship by descent if at least one of the biological parents is an Australian citizen who has been granted full parental rights by a court of law. 
In addition to the general documents required for applications for Australian citizenship by

descent, applications for Australian citizenship by descent for children born as a result of surrogacy arrangements need to be accompanied by: 
• evidence that the child is the biological child of the intended parent; and 
• evidence that this parent is also recognised as the legal parent of the child and that the surrogate mother and her husband or partner (if applicable) has relinquished all parental rights over the child. 

Evidence of the above must be in the form of: 

A statement from the doctor to the court stating clearly that genetic material from one or both of the intended parents has been implanted in the surrogate mother (note: the court may require DNA tests to confirm the genetic material of all parties); AND
a confirmation of the doctor’s statement regarding the person/s donating the genetic material; AND
court documentation stating clearly the legal custody of the surrogate child and waiving the rights of the surrogate mother and her husband or partner (where applicable).
This office may request that a client undergo DNA testing to confirm parentage. Please DO NOT undergo DNA testing prior to having it been specifically requested by this office. Further information regarding the procedures and arrangements will be provided by a case officer.

If you require additional information, please contact the Information Service for Australian Visas.

Australian High Commission, New Delhi

This is what the High Commission says. It also makes no mention of possible criminal prosecution in the ACT or Queensland, nor whether there willbe a referral to ACT or Queensland authorities:

Children born through Surrogacy Arrangements applying for Australian Citizenship by Descent 
Information about applying for Australian Citizenship by Descent 

For general information on Australian citizenship by descent, please see: http://www.citizenship.gov.au/applying/how_to_apply/descent/. 
For information on how and where to lodge an Australian citizenship by descent application in India, please see:www.india.embassy.gov.au/ndli/vm_citizen.html

Children born through surrogacy arrangements in India 

Anyone considering entering into a surrogacy arrangement outside Australia is urged to exercise extreme caution. They should make sure they are well informed of the Australian legislative requirements for registering such a child as an Australian citizen by descent, and should ensure they are aware of the legal status of surrogacy in the country in which the arrangement is to occur. 

Indian legislation in respect to surrogacy is limited and Indian laws are expected to change in response to the growing demand for surrogacy arrangements. 

Australia is a party to the United Nations Convention on the Rights of the Child and the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, which include obligations to ensure the best interests of the child are a primary consideration in relevant actions, and aim to prevent the abduction, sale and trafficking of children. 

Applications for Australian citizenship by descent for children born outside Australia as a result of surrogacy arrangements are assessed according to legal requirements set out in the Australian Citizenship Act 2007 (the Citizenship Act), and the policy guidelines set out in the Australian Citizenship Instructions. 

Under these guidelines, a child born overseas as a result of a surrogacy arrangement may be eligible for Australian citizenship by descent if at least one of the biological parents is an Australian citizen who has been granted full parental rights by a court of law. 

In addition to the general documents required for applications for Australian citizenship by descent, applications for Australian citizenship by descent for children born in India as a result of surrogacy arrangements need to be accompanied by: 
•evidence that the child is the biological child of the intended parent; and 
•evidence that this parent is also recognised as the legal parent of the child and that the surrogate mother and her husband or partner (if applicable) has relinquished all parental rights over the child. 

Evidence of the above can be given in the form of: 
(a) court documentation OR 
(b) DNA testing and written advice confirming legal parentage 

Further information on (a) and (b) is given below. 

(a) Court documentation 
This evidence must be in the form of: 
•a statement from the doctor to the court stating clearly that genetic material from one or both of the intended parents has been implanted in the surrogate mother (note: the court may require DNA tests to confirm the genetic material of all parties); 
•a confirmation of the doctor’s statement regarding the person/s donating the genetic material; and 
•court documentation stating clearly the legal custody of the surrogate child and waiving the rights of the surrogate mother and her husband or partner (where applicable). 

(b) DNA testing and written advice confirming legal parentage 
Where a client is unable to obtain the court documentation listed in (a) above, they will be requested instead to undergo DNA testing and to provide an independent legal advice confirming the validity of their surrogacy contract and their status as the legal parents of the child. More information on these requirements is given below. 
DNA testing – Surrogacy cases – Australian citizenship by descent - general information 
The child and the Australian citizen biological parent will be requested to undergo DNA testing. In this regard, please note: 
• You will need to meet all costs associated with DNA testing. 
• The Australian citizen biological parent is required to undergo DNA testing in Australia. Processing delays will result if the Australian citizen biological parent undertakes DNA testing while in India. 
• In India, DNA tests for the child must be carried out by specified Panel Doctors in New Delhi or Mumbai (more details below). 
•Only those Panel Doctors are authorised to carry out the DNA test. You should not make appointments for a DNA test with any other Panel Doctor, as the results will not be acceptable for the purposes of the citizenship application and will have to be repeated, with consequent delays to processing and extra cost for applicants.

• Whilst the newborn child may undertake their DNA test in Mumbai by an authorised Panel Doctor, the Australian citizen biological parent will need to travel at their own cost to New Delhi to undergo DNA testing so that it may be witnessed by an Australian Government official.

• Travel costs associated with the DNA tests are at the applicant’s own expense. 
• Panel Doctors are required to use specific testing kits, which must be provided to them via a DNA laboratory in Australia with which arrangements are in place to do DNA testing for immigration and citizenship purposes. Details of these laboratories are copied below. 
• If the DNA test will be carried out in New Delhi, an appointment with a Panel Doctor will be arranged by the Australian High Commission in New Delhi. The DNA test must be witnessed by an Australian Government official from the Australian High Commission in New Delhi. You must give the Australian High Commission at least three working days’ notice to arrange an appointment. 
• If the DNA test (for the newborn child only) will be carried out in Mumbai instead of New Delhi, you may arrange an appointment directly with Dr Jayant Rele whose contact details are athttp://www.immi.gov.au/contacts/overseas/i/india/panel-doctors.htm. 
• The DNA sample and completed forms will be couriered to the DNA laboratory in Australia for assessment. 
• Fact Sheet 1259i 'Information about DNA testing for visa and citizenship applicants' contains further information on DNA testing. This fact sheet is available online at:http://www.immi.gov.au/allforms/pdf/1259i.pdf . 
• If you undertake DNA testing, it is your responsibility to contact one of the recommended laboratories to make arrangements for the testing (further details below). 
• Once you have selected and contacted a DNA laboratory, you must advise the Australian High Commission in New Delhi of the details of the laboratory you have selected. The Australian High Commission will then liaise with you and the laboratory regarding testing arrangements. We will provide you and the laboratory with a reference number which you should include in any correspondence with the Australian High Commission in New Delhi. 
• More specific information about arranging DNA testing in India is given below. 
• If you choose not to undertake DNA testing the application will be decided based on the information provided. 

Documents in relation to donors of genetic material 

If applicable, please provide copies of any documents or records in relation to donated genetic material (for example, anonymously donated egg or sperm). 

Written advice confirming legal parentage 
Where a client is unable to obtain court documentation stating the legal parentage of the child, as outlined in (a) above, clients will be requested to provide written advice from a lawyer expert in Indian family law and/or contract law that their surrogacy contract is legal and confirming they are the legal parent(s) of the child. 

This advice should include comment on the general legality of the contract (with reference to the provisions of Indian legislation that make it valid) and whether the contract confirms the legal parentage of the child (with reference to the relevant provisions of Indian legislation). It should also include comment on the following elements and state the grounds on which the lawyer is satisfied that these elements are met. 
•whether all parties consent to the contract; 
•whether the contract is legally enforceable; 
•whether the contract gives full legal parental rights to the Australian citizen parent; 
•whether the contract waives the parental or any other rights of any other parties to the contract; and 
•whether the contract includes evidence that all parties are still consenting and still agree to the contract after the birth of the child concerned. 
The lawyer should also state their level of experience and accreditation in the field, and declare any potential conflict/s of interest, such as whether the lawyer or their firm was involved in drafting the surrogacy contract. 

Recommended DNA Laboratories 
DNALABS Sydney IVF 
Level 3, 321 Kent Street, Sydney 
NSW AUSTRALIA 2000 
GPO Box 4384, Sydney NSW 2000 
Sydney: phone +61 2 9229 6495 
Melbourne: phone +61 3 8414 0605 
Perth: phone +61 8 9460 0810 
Canberra: phone +61 2 6210 0915 
Brisbane: phone +61 7 3811 0961 
Adelaide: phone +61 8 8220 0786 
Darwin: phone +61 8 8989 0820 
Hobart: phone +61 3 6218 0790 
Fax: +61 2 9221 9272 
Email: dnalabs@sydneyivf.com
Website: http://www.dnalabs.com/

Genetic Technologies Corporation Pty Ltd 
60-66 Hanover Street 
FITZROY VIC 3065 
PO Box 115, Fitzroy Vic 3065, Australia 
Phone: +61 3 9415 7688 
Fax: +61 3 9416 4076 
Email: immigration@gtg.com.au
Website: http://www.genetictechnologies.com.au/
Information pamphlets for these laboratories can be downloaded from their websites. 
DNA testing - procedure for India 

Before you leave Australia 
1. Choose the laboratory you would like to use – DNALabs or Genetic Technologies. 
2. Contact the laboratory and ask about the testing procedure, the expected timeframe for obtaining the results, the cost involved and any other questions you have. The Australian High Commission is unable to provide this information. 
3. Arrange for the Australian citizen biological parent to undergo DNA testing in Australia. 
Note: Australian citizen biological parents should undergo DNA testing in Australia and before travelling to India. Processing delays will result if the Australian citizen biological parent/s undertakes DNA testing while in India. This is because DNA testing of Australian citizen biological parents must be witnessed in New Delhi under the supervision of an Australian Government Official from the Australian High Commission. It is only the newborn child/children that may undertake DNA testing in Mumbai. If the Australian citizen biological parent chooses to be tested in India, then they will need to travel at their own cost to New Delhi to undergo DNA testing so that it may be witnessed by an Australian Government official from the Australian High Commission in New Delhi. 
4. Decide whether you would like your child to undergo DNA testing in New Delhi or Mumbai. 
After you arrive in India 

If the DNA testing will be done in New Delhi: 
1. Contact the Australian High Commission at Citizenship.NewDelhi@dfat.gov.au and request an appointment with a Panel Doctor. You must give the Australian High Commission at least three working days notice to arrange an appointment. 
2. The Australian High Commission will confirm an appointment day and time and send you some forms to complete prior to your arrival at the panel doctor's office. Please bring at least two passport photos for each person being tested. 
3. You will be met at the Panel Doctor's office by an Australian Government official, who will guide you through the testing process. 
4. The Australian Government official will take the DNA sample/s and completed forms back to the Australian High Commission and dispatch by courier on the same day. It will take approximately three working days for the samples to arrive in Australia. 

If the DNA testing (for the new born child/children) is to be done in Mumbai: 
1. Contact Dr Jayant Rele at jayant.rele@releclinic.com or on +91 22 2361 3838 and request an appointment. 
2. If you have not received the required forms for completion, please request these from the Australian High Commission atCitizenship.NewDelhi@dfat.gov.au and complete as much of the relevant forms as possible before your appointment. 
3. Please bring (a) the forms and (b) at least two passport photos for each person being tested to the Panel Doctor’s clinic. 
4. The Panel Doctor will guide you through the testing process.
5. The Panel Doctor will dispatch the DNA sample(s) and completed forms by courier on the same day. It will take approximately three working days for the samples to arrive in Australia. 

What will happen next? 

The laboratory will advise the Australian High Commission once the test results are completed. It usually takes 5-8 working days for the laboratory to provide the test results to this office. 
The Australian High Commission in New Delhi is responsible for deciding all applications for citizenship by descent in relation to children born via surrogacy arrangements in India. 
This means that whether your child/ren have undertaken DNA tests in New Delhi or Mumbai, the application for citizenship by descent must be forwarded to the Australian High Commission in New Delhi for assessment and decision. 
If the child meets all the requirements, the High Commission will grant the child citizenship and provide a citizenship certificate. 

Processing times 
Tips to make the process as quick and easy as possible 
1. Read all the information atwww.india.embassy.gov.au/ndli/vm_citizen.html andhttp://www.citizenship.gov.au/ before contacting this office. 
2. Download form 118 Application for Australian citizenship by descent from www.immi.gov.au/allforms/pdf/118.pdf before your child is born and complete the form as soon as your child is born. 
3. Obtain passport sized photos of your baby as soon as possible. You will need photos for the citizenship application, DNA testing forms and passport application. 
4. Obtain a bank demand draft (bank cheque) for the citizenship application fee. To find out the current fee please go towww.immi.gov.au/allforms/pdf/1298i.pdf . Please note that if you are lodging more than one citizenship application at the same time (for example if you have twins) the fee for the second application is less than the first. To convert the Australian dollar amount to Indian rupees, please use the currency converter at www.immi.gov.au/allforms/990i/converter.htm . Please note that a bank demand draft is the only acceptable form of payment for the citizenship application fee. The demand draft should be made payable to the 'Australian High Commission New Delhi', payable in New Delhi. 
5. You can lodge your child's citizenship application as soon as you have completed it. You do not need to wait for the DNA testing to lodge the application. Seewww.india.embassy.gov.au/ndli/vm_citizen_lodge.html . You do not need to lodge you child's citizenship application in person. You can send the application via our service delivery partner (preferred), by courier or by post. See www.india.embassy.gov.au/ndli/vm_howtoapply.html . If you choose to lodge the application in person you need to make an appointment by sending an email to appointments.newdelhi@dfat.gov.au or calling +91 11 4122 1000. 
6. For any further queries regarding Citizenship or DNA testing which are not covered in the website please contact us by email atcitizenship.newdelhi@dfat.gov.au. 
7. For any further queries regarding passport applications which are not covered in the website please contact the Consular section of the Australian High Commission New Delhi by email atausthighcom.newdelhi@dfat.gov.au.
Contacting the Australian High Commission 
• Please forward ALL QUERIES to Citizenship.NewDelhi@dfat.gov.au. 
• This mailbox is cleared daily and surrogacy queries are dealt with as a priority. Therefore using the mailbox will ensure the quickest possible response. 
• Please DO NOT contact individual officers for information as this will slow the process

Australian Citizenship Instructions

The instructions are the administrative basis for deicsions by the Department of Immigration and Citizenship. Aside from warning about "extreme caution" about overseas surrogacy arrnagements, the Instructions mention nothing about surrogacy being an offence in the ACT or Queensland, nor whether the Department will refer the matter to Queensland or ACT authorities. This is what the instructions say:

This part comprises:
Is a surrogate child eligible for citizenship by descent?
If there is no genetic link to the Australian parent.
As a party to the United Nations Convention on the Rights of the Child and the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, Australia is committed to protecting the fundamental rights of children. These Conventions include obligations to ensure that in all actions concerning children, the best interests of the child are a primary consideration. The Hague Convention focuses on the need for countries to work to prevent the abduction, sale, or trafficking of children. The ACIs seek to support Australia’s international obligations in this area.
Extreme caution should be exercised in cases involving surrogacy arrangements entered into overseas to ensure that Australia’s citizenship provisions are not used to circumvent adoption laws and other child welfare laws. Commercial surrogacy arrangements are illegal in Australia at this time.
Section 8 of the Act does not apply to surrogacy arrangements entered into overseas. Section 8 of the Act applies to couples who use artificial conception procedures or surrogacy  arrangements occurring under a prescribed law of an Australian state or territory to become parents to a child.
IS A SURROGATE CHILD ELIGIBLE FOR CITIZENSHIP BY DESCENT?
A surrogate child will generally be eligible for Australian citizenship by descent if at least one of the biological parents is an Australian citizen, who has been granted full parental rights by a court of law.
In the case of a child born as a result of surrogacy arrangements, it is a requirement for registration of citizenship by descent that there be a genetic link between a parent and the child in question and that that parent be recognised on the birth certificate.
Documents required to register a surrogate child as an Australian citizen by descent are:
a statement from the doctor to the courts stating clearly that genetic material from person A
and/or person B has been implanted in person C; and
court documentation stating clearly the legal custody of the surrogate child and waiving the
rights of the surrogate mother. The statement must also confirm the doctor’s statement
regarding the person/s donating the genetic material.
Family situation is not relevant to registration of citizenship by descent, provided at least one
biological parent is an Australian citizen who has been granted full parental rights by a court of law.
When the biological parent is an Australian by descent they will need to meet the requirement to have been lawfully present in Australia for a total of two years before the child can be registered as an Australian citizen by descent.
IF THERE IS NO GENETIC LINK TO THE AUSTRALIAN PARENT
It is possible for a birth certificate to be issued where neither parent has a genetic link to the child but their names are included on the child’s birth certificate. If there is no genetic link with either parent, then in spite of the fact that the birth certificate is in their names, they should be requested to seek an adoption order and sponsor the child for an adoption visa. DNA testing can be considered to establish the genetic link if appropriate documentation is not available.

[Source: Original Article]

Read More

Press Release - “Babies Born to HIV-Positive Growing Generations Surrogacy Clients to Double in 2010” by Growing Generations

This is excellent news for HIV positive Gay and Lesbian Australians wanting to have children.  I am sure Growing Generations is not the only agency offering this service, but it is certainly the only one I am aware of.

Babies Born to HIV-Positive Growing Generations Surrogacy Clients to Double in 2010
Obama Administration's Lifting of Restrictions on Visas for HIV-Positive Foreigners Opens Program to International Clients

LOS ANGELES, Feb. 16 /PRNewswire/ -- The nation's largest surrogacy agency announced today that the number of babies born to HIV-positive clients is expected to more than double in 2010 as its program for HIV-positive men using their own sperm to create embryos continues to expand in the U.S. and abroad.  In 2009, Growing Generations had 5 babies born to HIV-positive parents working with surrogates and in 2010 more than 10 babies are expected.

"It is so amazing for us to see these babies being born to loving, healthy parents who have dreamed of this opportunity for years," said Growing Generations CEO Stuart Miller.  "As the first agency to create a program specifically for clients with HIV, our expertise and guidance of this process is unparalleled."

Participants in Growing Generations' HIV program go through the same process as other clients with the addition of an extensive health screening and preparation process for the sperm which virtually eliminates any risk of exposure to the surrogate or embryo.  Many men with HIV show no material trace of the virus in their semen.  The sperm preparation process has been used for more than a decade in non-surrogacy related pregnancies and, as is the case with all of Growing Generations surrogates and babies, no one has become infected with HIV.

The program is now available not only to citizens of the U.S. but to international clients as well due to the Obama administration's lifting of the restriction on visas for HIV-positive foreigners.  In January of this year, the Department of Health and Human Services and the Centers for Disease Control and Prevention removed HIV infection from the list of diseases that prevent non-U.S. citizens from entering the country.

"We are extremely pleased that the Obama administration has removed a restriction that should have been removed a long time ago," added Miller.  "Our company has always been at the forefront of fighting against discrimination and our ability to now serve clients with HIV from around the world is something we are very proud of.  We anticipate that as people with HIV learn of this opportunity, we will continue to see more of them choose surrogacy as their family building option." 

To learn more about Growing Generations, please visit www.growinggenerations.com.
About Growing Generations, LLC

Since 1996, Growing Generations has been a company passionately dedicated to the vision of creating life and, in the process, changing the world. Founded by gay and lesbian parents, our mission is simple — to build families of choice for communities around the globe through surrogacy, egg donation, and sperm donation.
SOURCE Growing Generations
RELATED LINKS
http://www.growinggenerations.com

Read More

Brisbane Times – “Surrogacy reforms should not exclude gay couples: group” by AAP

A push to decriminalise altruistic surrogacy in Queensland should not exclude same-sex couples, the Queensland Association for Healthy Communities says.

Queensland MPs will get a conscience vote on Wednesday about whether to follow other states and decriminalise altruistic surrogacy, where a woman has another couple's child for no payment.

Under the proposed reforms, legal parentage of a child born under such an agreement would be transferred from the birth mother to the parent, or parents, who commissioned the birth.

The association, which promotes the health and wellbeing of lesbian, gay, bisexual and transgender Queenslanders, called on MPs to support making non-commercial surrogacy legal for all.

MPs should also agree to legally recognise both parents in same-sex headed families, it says.

"The only test of parenthood should be whether a loving, nurturing and safe environment can be provided for the child, not the gender of the parents," the association's general manager Paul Martin said in a statement on Wednesday.

"Numerous studies from Australia and around the world show that children raised by same-sex couples develop equally as well as those raised by opposite sex couples.

"We call on all members of parliament to be respectful in the debate today."

The opposition is adamant that same-sex couples and single parents must be excluded from any reforms to surrogacy arrangements.

Some church and family groups agree, saying the reforms, as they're currently proposed, will threaten the traditional family model and normalise same-sex parenting.

Queensland is the only Australian state in which altruistic surrogacy is a criminal offence, punishable by a $10,000 fine or three years' imprisonment.

Commercial surrogacy will remain illegal under the bill.

[Source: Original Article]

Read More

Courier Mail - “Surrogacy Bill 'could lead to same-sex parenting'” by Rosemary Odgers and Margaret Wenham

CONTROVERSIAL laws giving same-sex couples and sole parents the right to have a child through surrogacy are set to divide State Parliament in a landmark debate today.

Queensland's 89 MPs will get a rare conscience vote on whether to legalise altruistic surrogacy in Queensland and allow the legal parentage of a child to be transferred from the birth mother to its intending parents. But church and family groups were last night urging the State's 89 MPs to scuttle the Bill, angry it will allow gay couples and single parents to access surrogacy.

Family Council of Queensland president Alan Baker called the Bill "a trojan horse for the normalisation of same-sex parenting", saying it established in law "the absurd proposition that two men or two women are the same as a mother and father."

He accused the Government of "trampling on the rights of children".

The Opposition is also angry the Government has tied the issue of surrogacy to gay parenting and has introduced its own Bill that, if passed, would restrict altruistic surrogacy to heterosexual married and de facto couples.

"The Government banned same-sex and singles from adopting . . . why is it different for surrogacy?" Liberal National Party deputy leader Lawrence Springborg said.

But gay and lesbian rights organisations have waged their own campaign, urging Parliament to pass the laws.

Queensland Association for Healthy Communities general manager Paul Martin said: "Lesbian and gay people are already having children ... what this legislation brings is certainty and clarity for same-sex parents and their children."

The LNP's 34 MPs are expected to toe the party line and vote against the Government while getting a conscience vote on their own Bill.

Only two Labor MPs – Margaret Keech and Michael Choi – have expressed concerns about the Government's position, making it unlikely the laws will be blocked.

[Source: Original Article]

Read More

News.com.au - “Australian Christian Lobby want gays banned from surrogacy” by AAP

A Christian lobby group says surrogacy should be a last resort for infertile married couples, not a solution for gay and lesbian couples who want children.

The Australian Christian Lobby has called on Queensland MPs to amend or reject a new bill to decriminalise altruistic surrogacy, where a woman carries another couple's child for no payment.

Heated debate is expected in parliament as MPs debate the issue this week, with the opposition hoping to restrict access for same-sex couples.

The ACL says children are not pets and should not simply be given to anyone who wants one.

ACL managing director Jim Wallace says the surrogacy bill should have been directed at permitting surrogacy as a last resort for infertile married couples.

Instead it represents a piece of radical social engineering which will alter the natural make-up of the family by permitting single adults and same-sex couples to have children via surrogacy, he said.

"The Bligh government knocked back same-sex adoption, but is now going against the logic in that decision by creating situations where a surrogate child could end up with two mummies or two daddies or even just one parent - right from birth," Mr Wallace said in a statement on Tuesday.

"This is experimenting with children's lives and at this stage they have no way of really knowing just how devastating the effects on the children will be, or the extent of identity confusion that will result.

"We've already had to make amends to a Stolen Generation and a Forgotten Generation - is this the next one?"

He said the state had a moral duty to act in the best interest of all children.

"The state should not be accommodating the desires of single men, single women, two men or two women to do what is not possible in nature - that is to have babies," he said.

"We urge all Queensland parliamentarians to consider the needs of children and reject this bill or at the very least to split the bill so that MPs can have a true conscience vote on the separate issue of whether to permit single people and same-sex couples to have children via surrogacy."

Queensland is the only Australian state in which altruistic surrogacy is a criminal offence, punishable by a $10,000 fine or three years' imprisonment.

Commercial surrogacy will remain illegal under the bill.

[Source: Original Article]

Read More

Australian Gay and Lesbian Law Blog - “Surrogacy Guide: State by State” by Stephen Page

Stephen Page, my absolute favourite Gay/Lesbian Legal Blogger has been busy and put together the following summary of Surrogacy laws in each state and territory.  Stephen is a prolific blogger and tweeter….and Gays and Lesbians in Australia are better for his sterling efforts.  Once again, check out his summary below or here.

Each Australian state and territory has its own rules as to surrogacy. Currently all the states, territories, Commonwealth and New Zealand governments are considering reviewing arrangements as to surrogacy, so that all laws are consistent with 15 principles. Those principles are currently secret.

All the states and territories are opposed to commercial surrogacy arrangements. There are no commercial surrogacy clinics in Australia.Australians travel overseas for commerical surrogacy arrangements. Commercial arrangements overseas can lead to complications. The states have moved or are moving to allow altruistic surrogacy.

When a court order for transfer of parentage is made, as it can be in Victoria, the ACT and WA, that order is recognised under the Family Law Act, theChild Support (Assessment) Act and the Australian Citizenship Act. A foreign order may not be recognised under those Acts.

Queensland
Legislation: Surrogate Parenthood Act 1988
Is commercial surrogacy allowed?
No. It is a criminal offence for any commercial surrogacy arrangment to be entered into in Queensland. It is also a criminal offence for a person ordinarily resident in Queensland to enter into a commercial surrogacy arrnangment anywhere in the world.
Is altruistic surrogacy allowed?
No. The same rules that apply to commercial surrogacy apply to altruistic surrogacy.
Are there any proposed changes?
Yes. Following the Parliamentary Committee's inquiry into altruistic surrogacy, the Bligh government announced that altruistic surrogacy would be decriminalised. There are now two bills: the Government's  and the Opposition's. They are identical, except in two respects. Both propose to allow altruistic surrogacy in Queensland for Queenslanders.  The key features are:

• traditional surrogacy and gestational surrogacy would be allowed
• altruistic surrogacy would be allowed
• surrogacy agreements would not be enforceable
• there would be a transfer of legal parentage
• resident parents must reside in Queensland
• commercial surrogacy would remain a criminal offence- both in Queensland and by those ordinarily resident in Queensland throughout the world.

Where they don't agree:

• the Government's bill proposes to cover single people and same sex relationships, as well as married and heterosexual de facto couples; and
• would also recognise lesbian co-mothers as parents on birth certificates; but
• the Opposition's bill excludes single people, those in same sex relationships, and those in heterosexual de facto relationships that are less than 2 years; and
• excludes lesbian co-mothers from being recognised.

The Government has allowed a conscience vote. We shall see how it develops.

New South Wales
Legislation: Assisted Reproductive Technology Act 2007
Is commercial surrogacy allowed?
No. It is an offence. It is not an offence for a NSW resident to arrange a commercial surrogacy outside NSW.
Is altruistic surrogacy allowed?
Yes, but other than the regulation of IVF clinics it is not regulated.
Can legal parentage be transferred?
No - other than through adoption. Generally the ability to transfer parentage is seen as a preferable approach. If unable to transfer, then the usual complications arise as to prior parentage, such as child support.
Are surrogacy agreements binding?
No. They are void.
Who is covered?
Everyone. As altruistic surrogacy arrangements are not specifically regulated, therefore everyone has coverage: married and de facto couples, same sex couples and singles.
Do the intended parents have to live in NSW?
No.

Australian Capital Territory
Legislation: Parentage Act 2004
Is commercial surrogacy allowed?
No. It is an offence. Like Queensland, it is also an offence for an ACT resident to go anywhere in the world to obtain a commercial surrogacy.
Is altruistic surrogacy allowed?
Yes.
Can legal parentage be transferred?
Yes, but only to intended parents from the ACT.
Are surrogacy agreements binding?
No, but an agreement is required for a transfer of parentage.
Who  is covered?
Anyone, but: to have a transfer of parentage, it applies to couples only, not singles. Married, de facto and same sex couples are included.
Do the intended parents have to live in the ACT?
No, but there cannot be a transfer of parentage unless they do.

Victoria
Legislation: Assisted Reproductive Treatment Act 2008
Status of Children Act 1974
Is commercial surrogacy allowed?
No. It is an offence. There is no international ban as there is in Queensland and the ACT.
Is altruistic surrogacy allowed?
Yes.
Can legal parentage be transferred?
Yes.
Are surrogacy agreements binding?
Unlikely.
Who is covered?
Everyone: married couples, de facto and same sex couples and singles

Tasmania
Legislation: Surrogacy Contracts Act 1993
Is commercial surrogacy allowed?
No. It is an offence. It is not an offence for Tasmanians to go overseas to commercial surrogacy clinics.
Is altruistic surrogacy allowed?
No. It is an offence.

South Australia
Legislation: Family Relationships Act 1975
Is commercial surrogacy allowed?
No. It is an offence. There is no restriction on South Australians attending overseas commercial surrogacy clinics.
Is altruistic surrogacy allowed?
No. It is declared illegal and void.
Are there any changes on the horizon?
Yes. The Statutes Amendment (Surrogacy) Act 2009 commences on 26 November, 2009. Its effect:

• commercial surrogacy remains illegal
• altruistic surrogacy is permitted, but there needs to be compliance with a recognised surrogacy agreement
• it is unlikely that agreements are binding
• coverage is limited to South Australian residents, who are married or in a heterosexual de facto relationship for 3 years
• the intended mother must be infertile or there is a risk of a genetic disease being passed on otherwise
• there appears to be some suggestion (although it is unclear) that the surrogate must be the mother, sister, step-sister or first cousin of one of the intended parents
• there can be transfer of legal parentage

Western Australia
Legislation: Surrogacy Act 2008
Is commercial surrogacy allowed?
No. It is not an offence to enter into a commercial surrogacy arrangement, but the clinic would be committing an offence. It is not an offence for a Western Australian to go to an overseas commercial surrogacy clinic.
Is altruistic surrogacy allowed?
Yes.
Can legal parentage be transferred?
Yes, but the intended parent or parents must be WA residents, and one or both must be at least 25.
Are surrogacy agreements binding?
Unlikely.
Who is covered?
Everyone, but: married, heterosexual and same sex de facto couples and singles can be intended parents, provided all are WA residents and one or both are 25 or older.

Northern Territory
Legislation: Nil
There appears to be no legislation in the NT covering surrogacy. It would not be an offence for a Territorian to attend an overseas commercial surrogacy clinic. The ability to adopt in the NT is restricted to married couples or Aboriginal traditional marriage couples, or single people in exceptional circumstances.
ART and IVF services in the Territory are only offered by South Australian doctors, who have to comply with South Australian guidelines. Therefore they do not offer surrogacy services. it is not know what might happen after 26 November, 2009.

[Source: Original Article]

Read More

Australian Gay and Lesbian Law Blog - “Australian adoption guidelines” by Stephen Page

Stephen Page from Harrington Family Lawyers, Brisbane, who is one of my favourite bloggers on all thing Gay/Lesbian Law in Australia, has put together a rather excellent summary of Adoption guidelines in Australia. 

 

It highlights the not-so-good nature of them for Gays and Lesbians in most states but provides a great overview.  Thanks Stephen.

 

Every State and Territory has a different set of rules as to who can adopt. This guide does not cover overseas adoptions or adoptions by expatriate Australians.

New South Wales
Legislation: Adoptions Act 2000
The people who can adopt are:

• a couple who have been married for two years;
• a heterosexual de facto couple, who have been together for two years;
• singles- if either they are at least 21, plus at least 18 years older than the child or in the special circumstances of the case the Supreme Court gives permission.

The Supreme Court cannot grant permission to one person to adopt if they have a spouse- husband or wive or heterosexual de facto relationship, and the spouse gives permission.
An adoption by a relative can occur, but only if the Supreme Court is satisfied that it is preferable to any other action, which may be a considerable hurdle.
An adoption by a step-parent can occur, but only if leave to adopt has occurred under the Family Law Act and the child is at least 5, and the consent of the parent is given or dispensed with, and only if the Supreme Court is satisfied that it is preferable to any other action.
Same sex couples cannot adopt. Recommendations by a NSW Parliamentary Committee to allow same-sex adoptions were rejected by the State Government.

Australian Capital Territory
Legislation: Adoptions Act 1993
People who can adopt:

• a couple, including a married couple, living together for 3 years.

There is a strong preference in the Adoptions Act 1993 to make guardianship and custody orders in matters involving stepparents and relatives rather than adoption orders.
Same sex couples can adopt.

Victoria
Legislation: Adoptions Act 1984
People who can adopt:

• a married or heterosexual couple who have been together for 2 years;
• a couple in an Aboriginal traditional marriage who have been together for 2 years.
• single people in special circumstances.

Same sex couples cannot adopt. The Victorian Law Reform Commission has recommended that this be changed, but it has not.

Tasmania
Legislation: Adoptions Act 1988
People who can adopt:

• married couples, and people in de facto relationships, who have been together 3 years.
• single people in special circumstances.

Qualifier: De facto couples, including same sex couples can adopt, but only if they have a registered relationship. Only married couples can adopt a child that is not a stepchild or relative (subject to the special circumstances for single people).

South Australia
Legislation: Adoption Act 1988
People who can adopt:

• couples who have been married for 5 years;
• couples in heterosexual de facto relationships for 5 years;
• single people in special circumstances.

Same sex couples cannot adopt.
Western Australia
Legislation: Adoption Act 1994
People who can adopt:

• is a step-parent of the child and has been married to, or in a de facto relationship with, a parent of the child for at least 3 years;
• is a carer of the child; 
• has, under the Adoption Act, had the child placed in his or her care with a view to the child’s adoption by him or her.

Same sex couples are able to adopt, due to the definition of de facto relationship. The country's only documented same sex adoption occurred in WA.

Northern Territory
Legislation: Adoption of Children Act
People who can adopt:

• a couple who have been married for 2 years.
• a couple in an Aboriginal traditional marriage of  2 years.
• a husband or wife of a parent of the child;
• a relative of the child.
• single people in exceptional circumstances.

De facto (unless in an Aboriginal traditional marriage) and same sex couples cannot adopt.

Queensland
Legislation: Adoption Act 2009
People who can adopt:

• a couple who have been married for 2 years.
• a heterosexual de facto couple who have been together for 2 years.
• a step-parent when the couple havebeen married or in a heterosexual de facto relationship for 3 years and the child has lived with them over that time;
• the child is between 5 and 17 years old (or there is enough time between 17 and 18 to complete the process).

Same sex couples and single people cannot adopt. Premier Anna Bligh andthe Government made plain that same sex couples need not apply. The previous 1964 Act preserved the inherent jurisdiction of the Supreme Court which may have allowed these adoptions. It is not known whether that inherent jurisdiction remains.

[Source: Original Article]

Read More

ABC Online - “Adoption double standards rile locals” by Annie Guest

Advocates for adoption want the Government to consider anomalies in the law that seem to give a special advantage to Australians living overseas.

New figures on adoption show that Australians are continuing to adopt more children from overseas countries than at home.

For people living here and adopting overseas there is one set of rules, but if you live elsewhere for a year or more, Australia's adoption laws do not necessarily apply.

Adoption advocates are using the new statistics to renew calls for more liberal laws, including allowing same-sex and single parents to apply.

A Federal Government review is currently underway.

It is well-known that there are many more Australians who would like to adopt children than there are children available for adoption.

But if there is any doubt, the situation is made clear in the latest report by the Australian Institute of Health and Welfare (AIHW).

Institute Child and Youth Welfare unit head, Tim Beard, says the number of children available for adoption has dropped significantly.

"The number of children overall - not just in Australia but also inter-country - has fallen quite dramatically from a peak of around about 10,000 in the early 1970s," he said.

"Now there's only just over 400 overall. There's a range of reasons and it's quite a complicated set of situations.

"But there's things such as more effective birth control available nowadays than there was say 25 to 30 years ago, also family planning centres and sexual education classes are becoming more prominent.

"There's also changing social views on the ideas of parenthood and raising children. For example, the idea of raising children outside of marriage in Australia nowadays is much more acceptable.

"And also there's the development of things such as IVF."

He says of the 441 children available for adoption, only about 40 per cent were born in Australia.

Foreign country adoptions

Australia has inter-country adoption arrangements with 14 foreign governments, with most of the children coming from four places.

About a quarter are adopted from China, 17 per cent from the Philippines and the same from South Korea, and about 14 per cent are from Ethiopia.

"Since about the mid 1990s we've seen fairly stable trends in those countries," says Mr Beard.

"That's really due to the formal arrangements that we have in place with those countries that have been set up through the policy departments."

However adoptions from Ethiopia were suspended by the Federal Government late last year after concerns about a request from Ethiopia that Australia enter into a formal aid agreement as part of the arrangement.

It has left a lot of prospective adoptive parents very upset.

'Stolen children' scandal

The Government says a review is continuing, as is an examination of arrangements with some providers in India after a scandal over alleged stolen children.

Adoption advocate Trevor Jordan from the group Jigsaw supports the Government's caution.

"While the parents are experiencing a great deal of anxiety, child-centred policy is very important in this area," he said.

"Our experience in the last 10, 20 years of inter-country adoption is that if we don't attend to good process and market forces take over, people will exploit the situation."

Meanwhile, there is another statistic not included in the figures: another 112 children adopted from foreign countries.

That is achieved by people living overseas for at least a year and therefore not being governed by Australian law. It might include same-sex couples or single people.

Mr Jordan says the laws should be more liberal here anyway.

"In places like the US for example same-sex couples and single parents have stepped up to the breach to provide permanent families for those children," he said.

"People make general rules about what's desirable for a family, but if the overall goal is to see that adoption is about finding families for children and not children for families, then we look at our eligibility criteria somewhat differently."

[Source: Original Article]

Read More