From foster to 'forever' parents: One gay uple's path to adoptn | SBS News

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• FROM FOSTER TO 'FOREVER' PARENTS: ONE GAY UPLE'S PATH TO ADOPTNDPE SAME-SEX ADOPTN BEG LEGAL ACROSS THE ENTIRE UNTRY - AND WA LEADG THE WAY 16 YEARS AGO - 'S FAR OM AN EASY ROAD TO CREATG A FAY.THE UPCROFTS ON A FAY HOLIDAY. SOURCE: SUPPLIEDTHIS MONTH THE NORTHERN TERRORY BEME THE LAST OF ATRALIA'S STAT AND TERRORI TO LET GAY UPL ADOPT. THE TERRORY PARLIAMENT AGREED TO CHANGE AN ADOPTN LAW THAT HAD PREVLY LIMED THE RIGHT TO ADOPT CHILDREN TO MARRIED HETEROSEXUAL UPL, OR THOSE TRADNAL ABORIGAL MARRIAG.IN ALAI, FLRS UNIVERSY ASSOCIATE PROFSOR DAMIEN RIGGS HAS REARCHED FOSTER RE AND ADOPTN ATRALIA AND SAYS THERE ARE STILL SOME BARRIERS TO SAME-SEX ADOPTN.HE SAYS FOSTER-RE AGENCI N STILL REJECT APPLITNS OM LGBTIQ PEOPLE ON RELIG GROUNDS, RCG THE RAT OF ADOPTN BY SAME-SEX UPL. "THERE STILL IS A POSSIBILY THAT SOME AGENCI WOULD SAY, 'NO, WE WON'T ASSS THAT ONE,' SO THAT HAS KNOCK-ON EFFECTS FOR ADOPTN, IF 'S ADOPTN OM RE," DR RIGGS SAYS. "IF YOU N'T BEE A RER THE FIRST PLACE, THEN THAT'S GOG TO LIM YOUR ADOPTN OPTNS." DR RIGGS SAYS, WHILE THE LEGAL BARRIERS TO ADOPTN FOR SAME-SEX UPL ARE GONE, GAS REPRODUCTIVE MEDICE MEAN MANY LGBTIQ PEOPLE MAY TAKE THE SCIENTIFIC ROUTE TO CREATG A FAY."IT'S TERTG WHICH ONE HAS BEEN TAKEN UP MORE, AND I WOULD SAY THAT FOSTER RE AND ADOPTN HAS BEEN TAKEN UP LS MONLY BY LBIAN AND GAY UPL THAN HAS IVF OR SURROGACY."MAKG THE UPCROFTS AN OFFICIAL FAYEARLY ON THEIR RELATNSHIP PL AND BRENDAN UPCROFT CID THEY WANTED TO HAVE CHILDREN, A DREAM THEY HAVE ACHIEVED, FIRSTLY THROUGH FOSTERG AND, FALLY THROUGH ADOPTN. FOR THE UPLE, ADOPTG THEIR TWO FOSTER CHILDREN - SIBLGS AIDAN AND KALEB - BROUGHT A EP SENSE OF RELIEF.THE UPCROFTS ON THE DAY THE ADOPTN WAS OFFICIALLY FALISED. SOURCE: SUPPLIEDTHE TWO BOYS, AGED 13 AND 11, HAD BEEN THEIR RE SCE 2014, BUT ADOPTN WAS THE FAL STEP THE FORMATN OF THE FAY OM THE NEW SOUTH WAL REGNAL CY OF MALAND.PL UPCROFT SAYS THAT WHEN HE HAD ASKED HIS YOUNGT SON HOW HE FELT ABOUT THE ADOPTN, HE RPOND WH RERVED ENTHIASM. "KALEB, WE MENTNED TO HIM THAT FRIDAY'S THE DAY WE'RE GOG TO THE URT TO SEE THE JUDGE," MR UPCROFT RELLS.BROTHERS KALEB AND AIDAN WERE FOSTER RE FOR NE YEARS BEFORE THEY WERE ADOPTED BY BRENDAN AND PL UPCROFT. SOURCE: SUPPLIED"IT JT SORT OF WENT OVER HIM. AND I ASKED HIM THE NEXT DAY, AND HE SAID, 'OH, 'S ALL ON THE SI, 'S ALL ON THE SI.' SO, THEY LOVE BEG PART OF THE UPCROFT FAY." ATRALIAN INSTUTE OF HEALTH AND WELFARE STATISTICS SHOW MORE THAN 46,000 ATRALIAN CHILDREN NOW LIVE OUT-OF-HOME RE, WH MORE THAN 40 PER CENT RE FOR AT LEAST FIVE YEARS. KALEB AND AIDAN HAVE SPENT MUCH OF THEIR SHORT LIV FOSTER RE, TOO, BUT, WHEN BOTH AGREED TO BE ADOPTED BY THE UPCROFTS, THE CHANGE WAS MA. BRENDAN UPCROFT SAYS, FOR HIS PARTNER AND HIM, WAS ABOUT GIVG THE BOYS A SENSE OF SECURY. "THE OTHER DRIVER BEHD MOVG TO ADOPTN WAS THE STABILY THAT PROVIS OUR SONS. AIDAN AND KALEB HAVE NOW BEEN FOSTER RE FOR ALMOST NE YEARS. AND WHILST 'S BEEN A VERY STABLE THREE-AND-A-HALF YEARS LIVG WH , ALWAYS HANGG OVER THEIR HEADS IS THE FACT THAT THGS ULD CHANGE, THE AGENCY ULD SUDNLY E AND SAY TO THEM, 'RIGHT, WE NEED TO MOVE YOU TO A DIFFERENT PLACEMENT.'"NOW, THEY HAVE STABILY, AND THEY'LL BE WH THEIR PARENTS NOW FOREVER."BLOGIL PARENTS N STILL PLAY A ROLE CHILDREN'S LIVDPE THE CREASGLY LONG-TERM NATURE OF OUT-OF-HOME RE, FEW LONG-TERM PLACEMENTS LEAD TO ADOPTN.LAST YEAR, JT 315 ADOPTNS WERE FALISED ATRALIA, CLUDG TERNATNAL ADOPTNS, WH ABOUT 45 PER CENT BY KNOWN RERS SUCH AS FOSTER PARENTS OR RELATIV.AMONG LOL ADOPTNS, ABOUT 88 PER CENT ALLOW SOME GREE OF NTACT OR THE EXCHANGE OF RMATN BETWEEN BLOGIL AND ADOPTIVE FAI.BRENDAN UPCROFT SAY ADOPTN HAS GIVEN THE BOYS SECURY. SOURCE: SUPPLIEDTHE UPCROFTS SAY THEY THK IS IMPORTANT THEIR SONS MATA NTACT WH THEIR BIRTH MOTHER."WE HAVE A REALLY FLUID RELATNSHIP WH THEIR BIRTH MUM," BRENDAN UPCROFT SAYS."WE MA A LOT OF MMENTS TO HER OM OUR VERY FIRST MEETG, AND WE'VE WORKED REALLY HARD TO MAKE SURE THAT ALL OF THOSE MMENTS HAVE BEEN MET OR, SOME S, SURPASSED. THE DAYS, 'S LS OF A VISATN SCHLE AND MORE OF JT AN ARRANGEMENT WHEREBY WE TCH UP."THE BIRTH MOTHER RECENTLY SPENT AN ENTIRE DAY WH THE BOYS AND HAS JOED THEM FOR BIRTHDAYS. SHARE4 M READPUBLISHED 23 MARCH 2018 2:21PMUPDATED 26 MARCH 2018 7:38AMBY PEGGY GIAKOUMELOSTAGSSOCIAL ISSUSHARE THIS WH FAY AND IENDSCOPY LKSHARETOPICS

FROM FOSTER TO 'FOREVER' PARENTS: ONE GAY UPLE'S PATH TO ADOPTNDPE SAME-SEX ADOPTN BEG LEGAL ACROSS THE ENTIRE UNTRY - AND WA LEADG THE WAY 16 YEARS AGO - 'S FAR OM AN EASY ROAD TO CREATG A FAY.THE UPCROFTS ON A FAY HOLIDAY. SOURCE: SUPPLIEDTHIS MONTH THE NORTHERN TERRORY BEME THE LAST OF ATRALIA'S STAT AND TERRORI TO LET GAY UPL ADOPT. THE TERRORY PARLIAMENT AGREED TO CHANGE AN ADOPTN LAW THAT HAD PREVLY LIMED THE RIGHT TO ADOPT CHILDREN TO MARRIED HETEROSEXUAL UPL, OR THOSE TRADNAL ABORIGAL MARRIAG.IN ALAI, FLRS UNIVERSY ASSOCIATE PROFSOR DAMIEN RIGGS HAS REARCHED FOSTER RE AND ADOPTN ATRALIA AND SAYS THERE ARE STILL SOME BARRIERS TO SAME-SEX ADOPTN.HE SAYS FOSTER-RE AGENCI N STILL REJECT APPLITNS OM LGBTIQ PEOPLE ON RELIG GROUNDS, RCG THE RAT OF ADOPTN BY SAME-SEX UPL. "THERE STILL IS A POSSIBILY THAT SOME AGENCI WOULD SAY, 'NO, WE WON'T ASSS THAT ONE,' SO THAT HAS KNOCK-ON EFFECTS FOR ADOPTN, IF 'S ADOPTN OM RE," DR RIGGS SAYS. "IF YOU N'T BEE A RER THE FIRST PLACE, THEN THAT'S GOG TO LIM YOUR ADOPTN OPTNS." DR RIGGS SAYS, WHILE THE LEGAL BARRIERS TO ADOPTN FOR SAME-SEX UPL ARE GONE, GAS REPRODUCTIVE MEDICE MEAN MANY LGBTIQ PEOPLE MAY TAKE THE SCIENTIFIC ROUTE TO CREATG A FAY."IT'S TERTG WHICH ONE HAS BEEN TAKEN UP MORE, AND I WOULD SAY THAT FOSTER RE AND ADOPTN HAS BEEN TAKEN UP LS MONLY BY LBIAN AND GAY UPL THAN HAS IVF OR SURROGACY."MAKG THE UPCROFTS AN OFFICIAL FAYEARLY ON THEIR RELATNSHIP PL AND BRENDAN UPCROFT CID THEY WANTED TO HAVE CHILDREN, A DREAM THEY HAVE ACHIEVED, FIRSTLY THROUGH FOSTERG AND, FALLY THROUGH ADOPTN. FOR THE UPLE, ADOPTG THEIR TWO FOSTER CHILDREN - SIBLGS AIDAN AND KALEB - BROUGHT A EP SENSE OF RELIEF.THE UPCROFTS ON THE DAY THE ADOPTN WAS OFFICIALLY FALISED. SOURCE: SUPPLIEDTHE TWO BOYS, AGED 13 AND 11, HAD BEEN THEIR RE SCE 2014, BUT ADOPTN WAS THE FAL STEP THE FORMATN OF THE FAY OM THE NEW SOUTH WAL REGNAL CY OF MALAND.PL UPCROFT SAYS THAT WHEN HE HAD ASKED HIS YOUNGT SON HOW HE FELT ABOUT THE ADOPTN, HE RPOND WH RERVED ENTHIASM. "KALEB, WE MENTNED TO HIM THAT FRIDAY'S THE DAY WE'RE GOG TO THE URT TO SEE THE JUDGE," MR UPCROFT RELLS.BROTHERS KALEB AND AIDAN WERE FOSTER RE FOR NE YEARS BEFORE THEY WERE ADOPTED BY BRENDAN AND PL UPCROFT. SOURCE: SUPPLIED"IT JT SORT OF WENT OVER HIM. AND I ASKED HIM THE NEXT DAY, AND HE SAID, 'OH, 'S ALL ON THE SI, 'S ALL ON THE SI.' SO, THEY LOVE BEG PART OF THE UPCROFT FAY." ATRALIAN INSTUTE OF HEALTH AND WELFARE STATISTICS SHOW MORE THAN 46,000 ATRALIAN CHILDREN NOW LIVE OUT-OF-HOME RE, WH MORE THAN 40 PER CENT RE FOR AT LEAST FIVE YEARS. KALEB AND AIDAN HAVE SPENT MUCH OF THEIR SHORT LIV FOSTER RE, TOO, BUT, WHEN BOTH AGREED TO BE ADOPTED BY THE UPCROFTS, THE CHANGE WAS MA. BRENDAN UPCROFT SAYS, FOR HIS PARTNER AND HIM, WAS ABOUT GIVG THE BOYS A SENSE OF SECURY. "THE OTHER DRIVER BEHD MOVG TO ADOPTN WAS THE STABILY THAT PROVIS OUR SONS. AIDAN AND KALEB HAVE NOW BEEN FOSTER RE FOR ALMOST NE YEARS. AND WHILST 'S BEEN A VERY STABLE THREE-AND-A-HALF YEARS LIVG WH , ALWAYS HANGG OVER THEIR HEADS IS THE FACT THAT THGS ULD CHANGE, THE AGENCY ULD SUDNLY E AND SAY TO THEM, 'RIGHT, WE NEED TO MOVE YOU TO A DIFFERENT PLACEMENT.'"NOW, THEY HAVE STABILY, AND THEY'LL BE WH THEIR PARENTS NOW FOREVER."BLOGIL PARENTS N STILL PLAY A ROLE CHILDREN'S LIVDPE THE CREASGLY LONG-TERM NATURE OF OUT-OF-HOME RE, FEW LONG-TERM PLACEMENTS LEAD TO ADOPTN.LAST YEAR, JT 315 ADOPTNS WERE FALISED ATRALIA, CLUDG TERNATNAL ADOPTNS, WH ABOUT 45 PER CENT BY KNOWN RERS SUCH AS FOSTER PARENTS OR RELATIV.AMONG LOL ADOPTNS, ABOUT 88 PER CENT ALLOW SOME GREE OF NTACT OR THE EXCHANGE OF RMATN BETWEEN BLOGIL AND ADOPTIVE FAI.BRENDAN UPCROFT SAY ADOPTN HAS GIVEN THE BOYS SECURY. SOURCE: SUPPLIEDTHE UPCROFTS SAY THEY THK IS IMPORTANT THEIR SONS MATA NTACT WH THEIR BIRTH MOTHER."WE HAVE A REALLY FLUID RELATNSHIP WH THEIR BIRTH MUM," BRENDAN UPCROFT SAYS."WE MA A LOT OF MMENTS TO HER OM OUR VERY FIRST MEETG, AND WE'VE WORKED REALLY HARD TO MAKE SURE THAT ALL OF THOSE MMENTS HAVE BEEN MET OR, SOME S, SURPASSED. THE DAYS, 'S LS OF A VISATN SCHLE AND MORE OF JT AN ARRANGEMENT WHEREBY WE TCH UP."THE BIRTH MOTHER RECENTLY SPENT AN ENTIRE DAY WH THE BOYS AND HAS JOED THEM FOR BIRTHDAYS. SHARE4 M READPUBLISHED 23 MARCH 2018 2:21PMUPDATED 26 MARCH 2018 7:38AMBY PEGGY GIAKOUMELOSTAGSSOCIAL ISSUSHARE THIS WH FAY AND IENDSCOPY LKSHARETOPICS

The followg text selects a reprentative sample of the var fns scribg a parent-child relatnship feral fancial and work-related laws and seeks to terme whether, or when, lbian and gay parents may qualify for the relevant entlements.

However, the legislatn self do not explicly regnise parentg orrs and there do not appear to be specific se law to support the view that a gay -father or lbian -mother wh a parentg orr will necsarily qualify unr the relevant legislative fns.

Parentg orrs provi official evince of the legal relatnship between the lbian -mother, gay -father and child so that the -mother n prove her right to exercise parental thory and nsent (for example, cisns about schoolg, medil treatment etc). See also J Millbank, ‘Regnn of Lbian and Gay Fai Atralian Law – Part Two: Children’, Feral Law Review, vol 34, no 2, 2006, p206, referencg M Pts et al, ‘Private Liv: A Report on the Health and Wellbeg of GLBTI Atralians’ (2006); Victorian Law Reform Commissn, Assisted Reproductive Technology and Adoptn Posn Paper Two: Parentage, (July 2005), para 3. [18] A recent study suggted that among 43 lbians tryg to nceive, only two percent ed terurse: see J Millbank, ‘Regnn of Lbian and Gay Fai Atralian Law – Part Two: Children’, Feral Law Review, vol 34, no 2, 2006, p207, referencg McNair et al, ‘Lbian Parentg: Issu, Strengths and Challeng’ Fay Matters, vol 63, 2002, p40.