Andrews to repeal "cruel" adoption laws

Andrews to repeal "cruel" adoption lawsDateJune 7, 2015 - 12:15AM8 reading nowRead laterFarrah Tomazin inSharesubmit to redditEmail articlePrintVictorian Families Minister Jenny Mikakos.Victorian Families Minister Jenny Mikakos. Photo: Michael Clayton-JonesMothers whose children were forcibly removed under past adoption practices – and parents who knowingly gave up their children but now wish to get in touch – will soon able to seek contact without the risk of criminal sanctions.When state parliament resumes this week, the Andrews government will move to repeal contentious laws that currently give adopted adult children the right to issue a contact veto against their natural parents and make it an offence for anyone who breaches such an order.The controversial changes were introduced by the former Coalition government, only months after state parliament made an historic apology to people affected by past adoption practices, which forcibly removed at least 19,000 Victorian children from their mothers.On one hand, the Coalition's reforms were welcomed at the time for giving natural parents in Victoria unprecedented access to identifying information about their children, including their full name and address. However, on the other hand, they were undermined by the anger surrounding an unexpected decision to introduce contact vetoes, backed up by fines of more than $8000, for any parent who tried to reach their children without consent.AdvertisementThe government's decision to wind back the most controversial provisions of the Act mean that parents can now attempt to contact their offspring without the risk of a specific offence hanging over them. Adopted adult children will still have the ability to refuse to see their birth parents through the relevant agency, but this will not preclude those parents from knowing the child's name or other identifying details. And if a parent persists to contact their child against its wishes, existing privacy or stalking laws will still apply."If you stalk or harass someone in Victoria, there's already legislation to say you're not allowed to do that, so why create another law specifically for us?" said Jo Fraser, state secretary of the Association of Relinquishing Mothers.Ms Fraser recalls being in parliament when the former government's bill finally passed at around 2am after hours of heated debate – a move, she said, which made the bipartisan adoption apology feel "hollow"."We just felt so angry, so disappointed, and so powerless," she told Fairfax Media last week.Labor opposed the penalties at the time, and so too did balance-of-power MP Geoff Shaw, but the Coalition's bill eventually passed. Now in government, legislation will be introduced this week repealing the provisions in the act relating to both the contact statements and fines."I thought it was cruel of the previous government to make it an offence for birth mothers to contact their adult adopted children," said Families Minister Jenny Mikakos."There was a lot of trauma and anguish associated with past adoptive practices, the previous government compounded this when it created contact vetoes. We have listened and this week we will stand up in parliament and repeal this hurtful provision of the Adoption Act."The move is one of a number of changes the government will make to adoption law in coming months. Equality Minister Martin Foley is currently preparing separate legislation to give same-sex couples the right to adopt children in Victoria, just as they can in NSW, ACT, Tasmania and Western Australia.However, on both fronts, the proposed changes would need to get through the upper house, where Labor doesn't have the numbers.Opposition spokeswoman Georgie Crozier said the Coalition "would be happy" to consider the government's legislation this week, but added: "this was a significant reform giving relinquishing mothers the ability to access identifying information about their children for the very first time."Those reforms meant that adopted adults now have the ability to nominate the type of contact they want have with their natural parent – from some contact, to none at all – by providing a form to the relevant agency.However, it is an offence for a natural parent to contact or attempt to contact their child without consent, imposing a maximum fine of 60 penalty units (currently the equivalent of $8856).Labor's repeal is largely symbolic – only 16 people have issued a contact statement so far, and no fines have been imposed – but Ms Fraser said changing the law would ease some of the hurt felt by many relinquishing mothers. 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