Joe, wat u gave me I havent even used yet, dont worry I've found my own anyway
. I am not complaining I am just saying I write too much and its gonna b way over the world limit
Tjis is what I have done so far
“With reference to legal issues faced by family members, discuss the remedies and the difficulties in gaining access to these remedies”
Our society is evolving at a rapid rate prompting changes in morals, ethics and values, consequently the law should be modified to reflect these changes in society’s views. However more often than not law reform can not keep up with the frequent changes in society’s attitudes and technological advancements. Therefore many areas of the law are not a reflection of society’s current values, one such area is Family Law. In recent years society has become more accepting of less conventional family arrangements and alternative means of conception however only some of these societal changes are present in current legislation. Despite the existence of remedies and mechanisms (both legal and non legal) many problems still arise when these remedies are sought, whether it be an inability to access such remedies or a lack thereof.
Adoption laws are currently not an adequate reflection of society’s values, especially in the area of alternative family arrangements. Adoption is governed by the Adoption Act 2000 (NSW) & The Adoption of Children Act 1965 (NSW) which stipulate the conditions and requirements that need to be met for adoption. Pursuant to the Adoption of Children Act 1965 (NSW) Section 19 “an adoption order shall not be made otherwise than in favour of a husband and wife jointly” this section excludes de facto couples, However De facto couples can seek adoption through subsection 1(A) “The Court may make an adoption order in favour of a man and a woman who are living together as husband and wife on a bona fide domestic basis although not married to each other if the man and woman have so lived together for a period of not less than 3 years before the date on which the application for the adoption order is made”.
Similarily couples who are married with accordance to Aboriginal customs are not considered to be legally married however can exercise their right to adoption as provided by Subsection 1(a) “if the man and woman are Aborigines (within the meaning of the Aboriginal Land Rights Act 1983 ) and are recognised as being married according to the traditions of an Aboriginal community or Aboriginal group to which they belong, and the child in respect of whom the application for the adoption order is made is an Aboriginal (within the meaning of that Act)” however this restricts aboriginal couples to only applying to adopt children of Aboriginal descent which means they may have difficults in adopting a child who is not of Aboriginal parentage. ????
Single people can apply for an adoption order however it may not be as successful compared to an application by a married couple, the court will only grant an adoption order i“if the Court is satisfied that in the particular circumstances of the case it is desirable so to do, the Court may make an adoption order in favour of one person”. The Adoption Act 2000 (NSW) has now made it easier for single applicants to seek adoption orders removing the requirement that they could only seek adoption if it was in the ‘best interests of the child’.
However, this legislation does not reflect society’s views in terms of same-sex couples. A same-sex couple cannot apply for an adoption order if they are in a relationship pursuant to Adoption Act 2000 (NSW) & The Adoption of Children Act 1965 (NSW). Despite this same sex applicants can apply for an adoption order if they are single and not in a same sex relationship at the time of the application.
The NSW Law Reform Commission review of the Adoption Act 1965 (NSW) in 1997 prompted significant changes to Adoption legislation which have been incorporated into the Adoption Act 2000 (NSW) promoting open adoption (where the birth parents choose the adoptive parents and maintain contact with the child), makes overseas adoption more accessable. It was also suggested that same-sex couples were given adoption rights, however this was not included in the legislative reform, therefore further law reform is needed in this area to allow same – sex couples to adopt children. Similarly the submission to the ALRC by the Gay and Lesbian Rights Lobby and the Lesbian and Gay Legal Rights Service, entitled the Law And Practice Relating To The Adoption Of Children In NSW conveyed the need for law reform.“Changes to the Adoption of Children Act should seek to bring the Act in line with changes in society including recognition of lesbians and gay men as full members of society and the accordance of equal rights in this regard”
Amendments to the Family Law Act 1975 (Section 111C) incorporate the principles of the Hague Convention on Intercountry Adoptions to govern overseas adoptions and make it easier for Australians to adopt children from countries which are signatory to the convention. These provisions make it easier for Australians to adopt children despite the falling number of children put up for adoption in Australia, however some applicants may face the same obstacles which prevent them for adopting a child in Australia. Subsection 4(b) states: “provide that the regulations do not affect the operation of laws of a State or Territory that relate to adoptions”. This would exclude same-sex couples and any other applicants prohibited from Adoption by Australian law.
The Adoption Information Act 1990 (NSW) has provided provisions for
