For reasons beyond their control there are children, indeed babies, who find themselves in circumstances where the state is their legal guardian. It is not the choice of the child nor is it a new phenomenon. Seeing them as particularly vulnerable, societies have taken great care to look after such children, especially if they have neither a mother nor father.

Without a biological mother or father or suitable family member or relative, the state has deemed it in the best interest of the child to be raised by a woman and a man, a mother and a father in a permanent relationship.
New South Wales has had responsible government since 1856 - over 150 years. Over that period, governments of all persuasions have acknowledged and supported the general proposition that a child’s best interest is served when that child is raised by a mother and a father. This has been seen, correctly in my view, as a valid principle that has guided our collective decision-making with respect to protecting the wellbeing of children. The principle is underpinned by that profound bond that exists between a child and a mother and a father; a bond that is intrinsically known and understood by all cultures, down the ages for as long as anybody can remember.
The situation where a child who does not have a biological mother or father or suitable family member or relative to raise them, and yet still expect to be raised by both a mother and a father, may disappear from the New South Wales statute book in the near future.
This outcome is the specific intention of the Private Member’s Bill being sponsored by the Member for Sydney, Clover Moore and is due to be debated when Parliament resumes after the winter recess.
Let’s be very clear, Clover Moore’s Adoption Amendment (Same Sex Couples) Bill 2010 covers the field with respect to adoption law in New South Wales. This is not just about women or men in a same-sex relationship who have a biological connection to a child, wanting the state to recognize their partner’s relationship with respect to the child. It goes to securing rights to adopt a child where there is no biological connection at all. It is about placing homosexual couples on an equal footing with heterosexual couples when being considered for what are referred to as “unknown” adoptions.
As a member of the Legislative Council’s Standing Committee on Law and Justice that examined the issue of same-sex adoption, I am familiar with the various arguments put forward to support the case for change. At the heart of the matter is a profoundly important question that needs to be clearly understood and then answered.
Is having both a mother and a father important for babies and children, or not? Some people, and I do not count myself as one of them, believe that society has progressed beyond the concepts of motherhood and fatherhood. For them, it is all a question of parenting; a matter of function over form.
I, and I believe many others in the community, do not accept the proposition that society has moved on to a model of parenting where gender is irrelevant. In fact a great deal of evidence presented to the Legislative Council’s inquiry on this very issue drew the opposite conclusion. Mothers matter. Fathers matter. They both matter.
There can be no doubt about how the complementary nature of both motherhood and fatherhood benefits the wellbeing of children. Indeed, up until recent time, and I literally mean the last few years, this perspective about parenting has been taken as a given. Society has accepted the proposition that it is good for a child to be raised by a mother and father in a permanent, preferably married relationship.
Another point worth noting is that there was very little evidence presented to the inquiry from children expressing their desire to be raised by two mothers or two fathers as opposed to a mother and a father. I don’t say this to be trite but rather to demonstrate the point that the overriding force behind this drive for change in the adoption laws is not children but same-sex couples.
If there are genuine questions of uncertainty with respect to rights and responsibilities between same-sex couples and children who are living with them, then there is an argument that these matters should be looked at and clarified. However, I do not believe that the appropriate way to proceed is to amend the Adoption Act 2000. If there are certain specific issues that need to be addressed involving same-sex couples and children living with them, let the specific issues be considered and dealt with on their merits. Amending the Adoption Act 2000 is not the only way to deal with such issues. Other legislative or regulatory mechanisms could be developed to address them.
It is also worth noting that the Clover Moore Bill is completely silent on the issue of exemption for faith-based adoption agencies from the Anti-Discrimination Act 1977. The Legislative Council inquiry considered this important issue in some detail and canvassed some specific recommendations. It is interesting to speculate why Clover Moore, who is thoroughly familiar with the inquiry’s report and recommendations, deliberately left the faith-based adoption agencies to hang out to dry.
Despite over 8,700 citizens of New South Wales petitioning the Parliament not to amend the adoption laws to provide for homosexual adoption, debate and determination of this matter will come up in a matter of weeks. Not because children want the law changed, but some adults want to create new rights for themselves. For those who believe that it is in a child’s best interest to be raised by both a mother and a father, now would be a good time to speak up and make your voices heard.
Greg Donnelly is Government Whip in the NSW Parliament
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