Victorian court grants adoption to gay man

Local News, By Travis de Jonk, 13th September, 2010

In what appears to be a first for the state, a Victorian court has granted adoption of a foster child to a gay man.

The man (unable to be identified at this stage for legal reasons) is in a gay relationship, yet applied for sole adoption of his foster child in keeping with Victorian law that makes adoption by gay couples illegal.

The man told of how during the whole process of trying to legally adopt his foster son, he felt that his sexuality was on trial and he battled with the very real possibility that he would lose the child. Yet despite all the difficulty, he said he was very happy with the decision which he hoped would ‘pave the way for others.’

The Sunday Age reports that the child in question was thrilled with the court decision, which was also welcomed by many key Equality, Human Rights and Health professionals.

“I’m really glad that I’m adopted. They always play with me and they do fun activities with me like going to the park and watching me play footy. It’s a really good thing,” the man’s 11-year-old child told the Sunday Age.

Despite many Victorian foster agencies marketing towards gay and lesbian people and a heavy reliance of caring from individuals from the gay community, Victorian laws make it impossible for same-sex couples to make a case for legal adoption of a child they have been raising.

‘’In worst-case scenarios, you could have someone who could end up not being able to access a child that they’ve raised for a number of years,’’ said Drummond Street Relationship Centre’s Karen Field, who welcomed the decision and also called the laws ridiculous and exhibiting ‘a double standard’.

Also welcoming the decision was Equal Opportunity Comissioner Dr Helen Szoke, though she said it was as yet unclear if the Victorian court decision to let a gay man adopt was indeed a precedent case.

‘’Until we see the reasons, it’s not clear what this does in relation to precedent or any changes long-term in relation to the laws,’’ Dr Szoke said.

Meanwhile, a Bill which gives same-sex couples in New South Wales the right to apply to adopt children recently passed its final hurdle in Parliament and will now become law. It is hoped that the Victorian adoption case is a positive sign that similar law change can happen in the southern state.