July 2009

Thursday 09 July 2009.  Rev the Hon. Dr Gordon Moyes AC MLC, an Independent Member of the Legislative Council, has strongly rejected the recommendations of a Parliamentary Inquiry into Adoption by Same-Sex Couples. One of the five recommendations by the Parliamentary Inquiry will enable same-sex couples to apply to be assessed for adoption as a couple and provide same-sex parents with equal access to existing step-parent adoption provisions.

Dr Moyes, a family advocate and former recipient of The Father of the Year award, stated: “The paramount interest of the child is best served by a mother and father. This is intrinsic to our human condition. From time immemorial, family relationships have centred on a mother, a father and their children. This form of social unit is innate and embedded in different cultural contexts.”

According to Dr Moyes, the recommendations in the report, if implemented, would deny some children the right to be raised by a mother and father. Dr Moyes added: “For the New South Wales Government to impose such legislation on a child is contradictory not just to Australia’s international legal obligations but most importantly, we have denied children of their basic rights to be loved, cared for and raised by a mother and father.”

Dr Moyes welcomed other recommendations of the Inquiry such as the exemption of faith-based agencies from the application of the Anti-Discrimination Act 1977 in relation to providing same-sex couples with adoption services.

However, one of the recommendations in the report will compromise the exemption entitlement currently utilised by faith-based agencies. Recommendation 4 stated: “That, if an exemption from the application of the Anti-Discrimination Act 1977 is created for faith-based accredited adoption agencies in the provision of services to same-sex couples, the exemption should be linked to a statutory requirement that the agencies refer any same-sex couples who seek their services to another accredited adoption agency that will assist them.”

According to Dr Moyes, this recommendation undermines the principle of religious freedom. He stated: “Recommendation 4 is flawed and contradictory as it forces a religious organisation to act in a way that goes against their beliefs and values.”

Dr Moyes added that much more needs to be done before implementing amendments to the Adoption Act 2000. Dr Moyes concluded: “The Parliamentary Inquiry has highlighted serious concerns regarding this important area of social policy. This presents further opportunity to conduct further research, consultation and debate before we amend key pieces of legislation.”

As former Superintendent of Wesley Mission, Dr Moyes had the responsibility of Dalmar Child and Family Care which organised foster care placements of children. During his oversight, Dalmar refused to allow gay couples to foster children, given by the State Government, on behalf of heterosexual parents who were temporarily unable to care for their own children. Wesley Mission was taken to the Anti-Discrimination Board of New South Wales by a gay couple for discrimination. As a result, Wesley Mission was ordered to pay hefty legal costs.

END.