Sunday, January 25, 2009

Gay Adoption - the reality

When laws do not reflect the modern reality you end up with headlines like the following:

Surrogates told to pay support
Of course the whole issue would be a non issue if gay adoption was once and all sorted out. It has been discussed on and off in New Zealand with the last attempt in 2006 but sadly that was put on hold due to the feeling that the government couldn't risk alienating it's more conservative supporters.

In this particular case the matter is made worse as the gay couple involved are based in Australia and Australian adoption and surrogacy laws are state based. Sadly Queensland law is even further behind New Zealand with surrogacy not permitted.

Because of this you have the ridiculous situation where the New Zealand women who gave birth to the baby - now been cared for in Brisbane by the gay couple who organised the surrogacy - been pursued for child maintenance on the grounds she abandoned the child.

This is the problem of course when the law doesn't reflect the reality of gay relationships. It can result in a number of unexpected outcomes.

I suspect the news will inflame a number of anti gay groups to demand the end to surrogacy.

However what is needed is the implementation of legislation to recognise the reality of gay adoption, surrogacy so that all involved have clear legal rights and any children have their rights protected.

Let's see if the New Zealand, Australian Federal or state governments will actually do something to clear the current minefield for adoption for same sex couples.

No comments: