But Australia seems to be taking things to a whole new level. In what I can only hope was intended to help protect fathers from losing their children to adoption, they have created a legal loophole that can only hurt the child in question:
If the department cannot find the biological father, or the biological father refuses permission, the adoption cannot proceed.That doesn't sound so bad does it? Don't let an adoption proceed without the father being informed and giving his consent. It's all fine and well until you get a case like this one:
A husband will adopt his wife's daughter, conceived when the woman was raped.
They don't know who the rapist was and I doubt he's going to come forward now to claim the offspring of his crime. Luckily in this specific case, the family was able to get to court before the law took place, and this man, who has raised the little girl since she was a baby, was allowed to adopt her as her step-parent.
But what about the next case? That child won't get the legal protection, the name and the family connection to a step-parent just because a rapist can't be found to give his consent. How does that law speak to the best interest of the child?
2 comments:
It doesn't. But at least adoption is possible in Queensland. In Victoria, it is almost impossible to adopt step-children and people are strongly encouraged to file for Parenting Orders (which have limited legal rights and expire when the kid turns 18).
To adopt a step-child the other parent must either be dead or you need to be able to demonstrate that the parent has had no contact with the child for years. How many years? That depends. The court must be convinced that the child would benefit from being adopted instead of being issued a PO. I doubt it happens very often.
In Victoria during 2006-07, a state of 5 million people had 18 babies adopted locally and 14 kids adopted by step-parents, other family members or foster carers. In the same year 201 PO's were made. I think that says it all.
Interesting law. I can see why these laws are put in place, but I think they should be case specific. It should be up the the judge to understand the circumstances. What if the bio father is abusive or violent? What happens then? These should not be "blanket" laws, but that's just me being a Polly Anna and seeing all the rainbows and sunshine.
Good post!
*HUGS*
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