* See Korean Translation : http://www.kumsn.org/kr/28603

 Summary 

The Change of an Adoption Act and Policy in Australia

Evelyn Robinson

Until the third quarter of the twentieth century, single parenthood was viewed in Australia as shameful for both mother and child. Single mothers were considered to be incompetent and many children were taken from unmarried parents to be adopted by married couples. However, the Federal Government made payments available to single mothers in 1973 and the number of adoptions has reduced steadily since that time. There are now very few adoptions taking place in Australia.

Many adoptions took place in the mid 1960s, when there was no reliable long term research available to illustrate the long term emotional outcomes for family members separated by adoption. By the 1980s, however, many of those who had experienced adoption separation in the 1960s were prepared to contribute to research, which was conducted by academics with an interest in the area. Support groups were also created around this time and they began to make submissions to governments, supported by the research, to change the approach to adoption and the laws relating to access to adoption information.

As a result, unmarried mothers who are considering adoption now are treated quite differently from the way in which many were treated in the past. Not only are they eligible for a Federal Government allowance, but they are also given counselling and written information about the long term outcomes of adoption prior to the birth. Any decision about adoption cannot be made until the child is at least fourteen days old and, if the decision is made that the child is to be adopted, the mother then has twenty-five days in which she can change her mind. During all of this time, no choice will be made about who is going to adopt the child. Mothers are also encouraged to include the child’s father in the decision-making. The birth certificate of an adopted child may have the names of both sets of parents on it ie the original parents and the adoptive parents.

In every state and territory in Australia, adults who were adopted as children are allowed by law to receive a copy of their original birth certificate and other documents relating to their adoption. The first law passed to allow this to happen in Australia was in 1984. Since 1988, in most states in Australia, mothers who have lost children to adoption have had a right to receive a copy of their child’s replacement birth certificate, when the child is an adult. Having these documents allows family members separated by adoption the opportunity to try to trace each other and be reunited.

Grieving following a loss is generally considered to be a healthy and productive experience. Because adoption separation has not traditionally been recognised as a loss experience, there has generally not been social support for those who are grieving such a loss. Many mothers who lost children to adoption have experienced a degree of shame and guilt and so they have been

encouraged to believe that they are not entitled to grieve. Those who have been adopted are often encouraged to believe that adoption has been a totally positive aspect of their lives and so they too have often been discouraged from expressing any sense of loss or sadness associated with the separation from their families of origin. This has meant that, in many cases, adoption-related grief has been disenfranchised. Post-adoption grief counselling can assist with acknowledging and managing the grief associated with adoption loss. The reunion experience is likely to be more productive if appropriate preparation has been conducted.

Social change over the years in Australia has empowered women and given them more access to employment and independence. Because of this, there are very few mothers in Australia in the twenty-first century who consider adoption for their children. For children who are at risk of abuse or neglect in their families, there is now legislation in place designed to care for them in ways which are more child-focussed than adoption. They can now be looked after under a permanent guardianship order, which allows them to retain their identity and their links to family members.

In recent years, there have been three Federal Government apologies in Australia, which have had a considerable impact on how Australians view past policies around family separations. The first apology was to the Stolen Generations of Aboriginal Australians, who were taken from their families to be raised in a non-Aboriginal environment. There was also an apology to the Child Migrants, who were brought out to Australia after the Second World War. The third apology was to the Forgotten Australians, who had been raised in institutions. Many of these  children were mistreated and some were never able to be reunited with family members.

More recently there was an apology from the government of Western Australia to family members who had been adversely affected by past adoption policies and practices. This is believed to have been the first apology of its kind anywhere in the world. It was warmly welcomed by members of the adoption community in Australia and in many other countries.

Although there are very few local adoptions in Australia in the twenty-first century, there are still some children being adopted into Australia from other countries. The number of intercountry adoptions began to increase, as the number of locally-born children began to decrease. This suggests that intercountry adoption grew to fill the gap left because of the empowerment of women in Australia which has supported family preservation. Considering the Australian government has already apologised for family breakdowns which have occurred in the past, it is to be hoped that they will soon cease to support breakdowns of families in other countries and put a stop to intercountry adoption.