Torres Strait Islander adoption lore to become Queensland law

Cynthia Lui has introduced legislation into Queensland parliament to enshrine the ‘sacred and secret’ Islander lore of traditional adoptions.

Cook MP Cynthia Lui at parliament, after introducing the adoption bill. Picture: Tara Croser.

For generations in the Torres Strait, an ancient, secret and ­sacred tradition has thrived: biological parents giving children to other relatives to be loved and raised as their own.

After decades of advocacy by islanders, the nation’s first Torres Strait Islander MP introduced a bill into Queensland parliament on Thursday to ­enshrine this Torres Strait lore into state law.

Cook MP Cynthia Lui, an ­Iamalaig woman of the Kulkalgal nation of the Torres Strait, said the legislation provided legal recognition of the enduring child rearing practice in the islands, or what used to be called traditional adoption.

“As a child, I wondered why, as Torres Strait Islanders, we do not publicly discuss our traditional child-rearing practice,” Ms Lui said. “Today, I speak in my cultural truth that children who are raised under this practice deserve only love, respect, dignity and ­acceptance, and questions about who they are and where they come from are irrelevant.”

The bill — called Meriba Omasker Kaziw Kazipa, or “for our children’s children” — allows children who are raised by “cultural parents” to be eligible for ­accurate birth certificates, meaning they are able to be enrolled in school and receive government services.

Ivy Trevallion, whose family is from the Dauan and Saibai ­islands in the northernmost reaches of the archipelago, has been pushing for legislative recognition for decades and was part of the eminent panel advising the government. Her late uncle, Steve Mam, preceded her as a key advocate for the change.

Ms Trevallion said biological parents often gave childless ­couples the most precious gift, a child. “It can be for many reasons, infertility, to strengthen family ties, for estate purposes,” Ms Trevallion said. “Each island has their own way of doing this sort of thing, but our children can’t get senior certificates, licences, passports. Our children are Australian. They have the right to exist in this country.”

Charles Passi, whose family is from Murray Island and whose father, Dave Passi, was one of the plaintiffs in the historic Mabo land rights case, said the reforms were as significant as the Mabo decision. Mr Passi is also one of the eminent panel.

“I saw that decision (Mabo) as opening a huge door for political freedom and social freedom for Torres Strait Islanders,” he said.

“This opens up for our children and whole dynasties of family connection across the Torres Strait — and for Torres Strait ­Islanders across Australia — how we share our children and build a brighter future for them; completing families who have no children, ensuring lineage and connections to land can go into the future.”

The bill will be referred to parliament’s health committee for review, and the government is hoping it will pass before the ­October 31 state election.