04.24 am, Monday February 13 2012

Same-sex adoption passes by two votes

18:54 AEDT Thu Sep 2 2010
By Adam Bennett and Isabel Hayes
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A bill to allow same-sex couples to adopt children in NSW has passed.
The lower house has passed a bill that would allow same-sex couples to adopt children in NSW.

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Just two votes have tipped the scales on the likelihood of same-sex adoption being introduced in NSW.

After two days of debate, 46 MPs in the Legislative Assembly voted for independent MP Clover Moore's historic bill, while 44 voted against.

When the result was called just before 1pm (AEST) on Thursday, a whoop rang out and there was brief applause as Ms Moore was hugged and congratulated by her fellow MPs.

NSW Premier Kristina Keneally was one of the last to congratulate the independent MP for Sydney, giving her a kiss on the cheek.

The closeness of the vote illustrated the lower house's deep divisions on the changes to the Adoption Act, after MPs were allowed a rare conscience vote on the issue by their respective leaders.

Ms Keneally and Opposition Leader Barry O'Farrell supported the bill, while Nationals leader Andrew Stoner opposed it.

The premier and Mr Stoner had indicated their vote on Wednesday while Mr O'Farrell did not show his hand until Thursday morning, for fear of influencing Liberal MPs.

Mr O'Farrell said his support was not a matter of gay rights but of removing discrimination in the act.

"I support this measure today ... for the sake of children, but also because I don't believe our society should exclude because of gender, sexuality, faith, background or some other factor, people who have a contribution they can make," he told parliament.

Ms Moore praised the "moving debate" in the lower house, which was largely dominated by speakers in favour of her bill.

"This reform has been a very long time coming," she told the Legislative Assembly minutes before the vote.

"(The debate shows) that we have come a very long way over the past 10 years in terms of recognising human rights, particularly in the recognition of the rights of the gay and lesbian community, and particularly in relation to this bill, of their children."

If passed by the upper house, the bill will allow same-sex couples to adopt children in NSW, bringing the state into line with the ACT and Western Australia.

The bill is likely to debated in the Legislative Council next Tuesday, with Ms Moore telling AAP she was confident she had the numbers.

"I'm hopeful - I will hold my breath the way I did for the two votes in the lower house - but I'm hopeful that the numbers are there," she said.

"I'm rejoicing about the outcome today."

The Gay and Lesbian Rights Lobby welcomed the vote.

"All children are entitled to the best possible parents to be raised in loving stable environments, regardless of the family structure," lobby spokesman Senthorun Raj said.

A second amendment to the bill, introduced after Thursday's vote by Planning Minister Frank Sartor, will ensure birth parents won't face legal action under anti-discrimination laws if they stopped gay couples adopting their child.

A subsequent vote on the bill, to include Mr Sartor's amendment, was passed 45 to 43 later on Thursday.

The NSW Council of Churches was disappointed, although hopeful the closeness of the vote would persuade members of the Legislative Council to vote against it.

"We believe that expresses a groundswell of concern in the community, and we hope that the upper house will take that into consideration when they vote on it," council chairman Richard Quadrio said.

 
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