In a deeply troubling and regressive move, the NSW government will this week consider legislation that would allow for the forced adoption of Aboriginal children.

The proposed amendment to the Adoption Act 2000 would remove the requirement for consent of a child’s parent/s to adoption where applications are made by the child’s guardian.

Further proposed amendments to child protection legislation will pave the way for adoption, by fast-tracking permanent child removals, imposing a restrictive two year time limit to achieve family restoration. Our children have the right to live in safety, and in stable and supportive family and community environments.

For Aboriginal and Torres Strait Islander children who are harmed or at risk of harm and in need of alternative care, their protection is our priority. However, we are deeply concerned that the NSW government views adoption as a solution to the crisis in the child protection system.

The move runs counter to key recommendations of the Bringing them Home report that called for building a system that provides adequate and appropriate support to Aboriginal and Torres Strait Islander families to ensure that our children grow up connected to their family, community, culture and country.

“Instead of introducing policies which would fast track permanent child removals, the NSW Government should be held accountable for implementing the recommendations of the Bringing Them Home Report and other landmark reports, including Family Matters, to offer support to families and for community led solutions which ensure our kids are safe and thriving in community and in culture.” Ms Cheryl Axleby, Co-Chair, NATSILS

The proposed legislation is based upon a misguided understanding of what stability means for Aboriginal and Torres Strait Islander children. It assumes that a permanent legal arrangement can generate a sense of safety and belonging for children in out-of-home care. Rather, permanence for Aboriginal and Torres Strait Islander children is developed from a communal sense of belonging; experiences of cultural connection; and a stable sense of identity including knowing where they are from, and their place in relation to family, mob, community, land and culture.