Laws dealing with rights of relinquishing parents

30/11/93

Legislation introduced to State Parliament today by Community Development Minister Roger Nicholls allows future relinquishing parents to be assured of access to information about their children.

It also reaffirms that all legal rights of parenthood, including freedom of movement inside and outside Australia, remain with the adoptive parents.

In relation to past adoptions, the legislation encourages greater access to information and identity, but maintains the individual's right to preserve privacy.  It creates a new statutory mechanism to permit communication without identification where privacy is required.

The legislation ensures that relinquishing parents (both mothers and fathers) cannot sign adoption consents for at least 28 days after the birth and at least 28 days after they have received counselling about adoption.  They may take longer.

They will have another 28 days in which to revoke consent.

Relinquishing parents and adoptive parents will be required to negotiate, with assistance from DCD officers, an adoption plan which specifies the sharing of information and/or contact. 

Adoption plans may range from no exchange of information to regular contact between parties, but the plans may not limit the parental rights and responsibilities of the adoptive parents, including their freedom to travel.

Regardless of the details of adoption plans, adoptive parents will be counselled and will be expected to be open and truthful about their child's situation.

The Bill does not require that children from Aboriginal or other ethnic backgrounds be placed with adoptive parents of the same background.

Mr Nicholls said that such placements would probably occur as a matter of policy and good practice, but they would not be enshrined in law because they might not always be in the best interests of the child or in conformity with the wishes of relinquishing parents.

People involved in past adoptions will be able to apply for identifying information after an adoptee turns 18 and this will be granted unless an information veto has been placed by another party.

Information vetoes may be for a set period or for life, or, in the case of a veto placed by adoptive parents about an adoptee, until the adoptee turns 18.

Information vetoes can be placed only after counselling about the effects of a veto and the possible benefits of information exchange.

The legislation also requires the department to establish a message box system so that even when a veto is in place parties may exchange non-identifying information, including reasons for seeking contact or refusing it.

Mr Nicholls said the message box system could ease the anxieties of people affected by a veto, provide a non-threatening means of communication, and possibly lead to a reduction in the number of vetoes.

Special provision had been made to assist adults who might not know that they were adopted to make a decision about an information veto.

Mr Nicholls said the desire for information and the desire for privacy were spread across all parties to adoption.

There were no absolute answers in human relationships, but the Bill had a strong emphasis on openness, particularly in relation to future adoptions, while protecting people's right to privacy.

The 146-clause Bill was complex and contained many protective mechanisms to ensure fairness in all cases.

One of those clauses required that the Bill be reviewed after two years.

Between the passing of the legislation and its proclamation there would be a period of at least six months during which it would be widely publicised so that people affected by the law could take appropriate action.

For further information contact Roger Nicholls 221 5377 or Media Secretary Hugh Ryan 221 5468