Adoption - The ethical option?

12 October 2014

By Caitlin Virtue

The Chief Justice of the Family Court, Diana Bryant, has called for an improbable national inquiry into commercial surrogacy after another report surfaced about the dark side of the industry. This time a baby was left with the surrogate mother in India and apparently sold, while the Australian couple took home the twin of the preferred gender.

Photo: ABC

If we stop treating children as commodities, what options are left for Australian couples seeking a baby?

At the recent COAG meeting adoption law reform was on the agenda, and a new organisation was announced by Prime Minister Tony Abbott to help make intercountry adoption approvals quicker, less expensive and with much less heartbreak.

As there aren’t many babies to adopt in Australia, many prospective parents wish to pursue intercountry adoption. But in reality, this option contributes to no less of a baby trade than surrogacy.

Celebrities advocate intercountry adoption and want to make the process easier to engage in. Figures such as Hugh Jackman and Deborra-Lee Furness have been calling for more streamlined regulation for years.

Hugh Jackmam, Deborra-Lee Furness and Tony Abbott. Photo: The Conversation

In August, the Legislation Committee of the Senate Standing Committees on Legal and Constitutional Affairs issued a report in support of the Australian Citizenship Amendment (Intercountry Adoption) Bill, which treats bilateral agreements between parties to the Hague Convention in the same way as arrangements with non-member countries when adopted children apply for Australian citizenship.

In order to maintain a steady flow of children for potential adoptive parents, the proposed approach would allow the government to enter bilateral arrangements with countries that cannot guarantee the interests of the child will be met.

UNICEF warns simplistic, paternalistic approaches to adoption are dangerous. All countries sending and receiving children should take into account poverty doesn’t justify adoption and a child has a right to his or her existing family.

The pursuit of international adoption by couples in countries that cannot guarantee the protection of the human rights of children supports a consumer led model at both ends of the adoption process, which contributes to the exploitation of children.

Where someone claims they really want to be a parent, why is it necessary to have ownership of a child, preferably a baby?

Foster care is an alternative to purchasing children. There are many children who need a home because through no fault of their own, they cannot live with their own parents or families.

Yet, where people can afford to participate in an easily accessible baby trade it appears foster care and parenting an older child or a child with a disability is a much less attractive option.

Further reading

Frequently asked questions about intercountry adoption, W n.d., viewed on 89 October 2014, <http://www.ag.gov.au/FamiliesAndMarriage/IntercountryAdoption/Pages/Frequentlyaskedquestionsaboutintercountryadoption.aspx.>

Fronek, P 2014, Are we now shifting responsibility for adopted children offshore?, viewed on 9 October 2014, <http://theconversation.com/are-we-now-shifting-responsibility-for-adopted-children-offshore-28599>.

Fronek, P, Cuthbert, D and Keyes, M 2014, Australia puts children at risk by ‘freeing up’ the adoption market, viewed 11 October 2014, <http://theconversation.com/australia-puts-children-at-risk-by-freeing-up-the-adoption-market-31064>.

Hawley, S and Smith, S 2014, Australian High Commission knew of disturbing Indian surrogacy case, Chief Justice of Family Court says,

viewed 9 October 2014, <http://www.abc.net.au/news/2014-10-08/high-commission-knew-of-surrogacy-case-in-india/5799438>

Intercountry adoptions, by country of origin, W n.d., viewed 9 October 2014, <http://www.ag.gov.au/FamiliesAndMarriage/IntercountryAdoption/Documents/tableA10-intercountry-adoptions-by-country-of-origin-2003-4-to-2012-13.pdf>

Mitchell, M 2014, OPINION: Time to strengthen our lax surrogacy laws, viewed 11 October 2014, <http://www.theherald.com.au/story/2591574/opinion-time-to-strengthen-our-lax-surrogacy-laws/?cs=308>.

Sky News: COAG makes overseas adoption easier 2014, viewed on 16 October 2014, <http://www.skynews.com.au/news/top-stories/2014/10/11/coag-makes-overseas-adoption-easier.html>.

The Guardian: US and Vietnam to resume adoption program after six-year ban, 2014, viewed 11 October 2014, <http://www.theguardian.com/society/2014/sep/12/us-vietnam-adoption-resume-ban-baby-selling>.