A LGBT individual already may adopt a child under the Adoption Act 1955. Take the example of a lesbian woman who has a 6 month old nephew who is orphaned in a car crash, with that woman being named as the child’s guardian in the child’s parent’s will. That woman already can apply to become the child’s “parent” by way of a sole adoption order under s.3(1), and her sexuality will not be an issue in deciding whether or not such an order should be made.
This is a key issue. There is no current ban or even reference to sexuality when it comes to adoptions. The only difference in the law will be both partners in a same sex relationship will be able to adopt (if they are married), rather than one partner adopt and the other become a guardian.
Last year there were only around 50 “stranger adoptions” in all of New Zealand to married couples. There are far, far more couples (straight and same-sex) wanting to adopt than there are children put up for adoption. So even when married same sex couples are permitted to “stranger adopt”, the number of children placed with a same sex couple will be vanishingly small.
I doubt there will be even one a year.
Consequently, the true impact of the change wrought by the same sex marriage law is to open a route for same sex couples to jointly adopt a child under s.3(3). Because a married same sex couple will be “spouses” in terms of the Adoption Act (just as married straight couples are now), they can go to court together to seek an order that they both be recognised as the parents of a particular child.
Again, that is the only real change. Instead of one partner being the adoptive parent and one being a guardian, they’ll both be adoptive parents.
Louisa Wall says much the same in the NZ Herald:
The only change that will occur if my bill passes is that if a couple marry, they will be deemed “spouses” and they qualify as joint applicants for an adoption order. That means both parents will have the same status under the law …
Tags: Andrew Geddis, same sex adoption, same sex marriage