Same-sex couples in Victoria could get equal adoption rights within months, bringing the state into line with other jurisdictions and ending years of discrimination for many families.
The Andrews government has commissioned former chief parliamentary counsel Eamonn Moran, QC, to conduct a review of Victoria's adoption laws, with proposed changes likely to be introduced into Parliament by the middle of the year.
At present, gay couples in Victoria can be appointed as foster parents or guardians, but do not have the right to adopt a child together – even if that child has been in their care for years.
Changing the law could fix this anomaly, as well as tackle other inequalities, such as the inability of a step-parent to adopt their partner's child, or the inability of a gay couple to jointly adopt a child conceived through IVF.
Announcing details of the review on Saturday, Equality Minister Martin Foley admitted reform was long overdue, with Victoria playing "catch up" to other states and territories including NSW, Western Australia, the ACT and Tasmania.
"It's time our laws got out of the 1950s and caught up with the reality of modern Australia," Mr Foley said.
"This is not whether adoption equality will happen - this is about the best way to make adoption equality a reality for the thousands of Victorian families and who live in a grey legal haze."
The review will spend the next few months taking submissions, with a final report to be handed to the government by May 8. The terms of reference released on Saturday show that Mr Moran has been asked to consider a range of issues, including developments in other states, case law, and the Victorian Law Reform Commission's 2007 report into adoption and reproductive technology.
However, while the government has vowed to introduce legislation "as soon as possible" after receiving the report, it is unclear how the changes will play out in Parliament.
Labor has a majority in the lower house, but has only 14 out of 40 seats in the upper house, where at least one of the crossbenchers – Rachel Carling-Jenkins from the DLP – has already signalled she will not back same-sex adoption.
Mr Foley said he hoped all MPs put partisan interests aside "in favour of the interest of children".
The Victorian Gay & Lesbian Rights Lobby also called on MPs to consider the outcomes of the report, meet with constituents in same-sex families and assess the legislation on its merit.
"There are hundreds of children living in rainbow families across Victoria who will positively benefit from this important reform," said VGLRL co-convener Corey Irlam. "Children on permanent care orders who may become eligible for adoption by their carers; children with step-parents; children who may need to be adopted by family members –Victoria needs to provide these children the legal certainty of two parents. These kids don't deserve to be discriminated against because the person, who loves them and parents them, happens to be in a same-sex relationship."
Rainbow Families Council co-convener Amelia Basset welcomed the government's announcement. "[After] ... 15 years of research, community consultation and advocacy, it is well past time for this reform."
