Same Sex Couples: Fostering or Adopting Children

In Which States or Territories Can a Same Sex Couple Foster or Adopt a Child 

Unfortunately, even in this day and age, in Australia different States and Territories have laws about whether Same Sex Couples can Foster or Adopt a Child.

To make it even more confusing, different laws apply whether you are looking at fostering or adopting a Child.

If a member of a Same Sex Couple is exercising Parental Responsibility for a Child, then they may wish to get a Parenting Order for a Child so as to legally formalise their relationship in relation to the Child.

You can read more about what Parental Responsibility means and how to get a Parenting Order for a Child in those sections within the Parenting / Child Issues section of this website.

There are also specific laws applying to same sex couples using Artificial Insemination to have a Child.



Fostering of Children by a Same Sex Couple

Same sex couples are able to foster children throughout all of Australia.

It does not matter which State it is that they reside in.

Adoption of Children by a Same Sex Couple

Same sex couples can adopt children in

  • Western Australia;
  • Australian Capital Territory;
  • New South Wales;
  • Tasmania;
  • Victoria;
  • Queensland;
  • South Australia.

The Northern Territory is the only Territory in Australia to not permit same sex couples to adopt children.


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