Governments should reform ‘racist’ adoption laws: Senator Price

Country Liberal Senator Jacinta Price has labelled inaction on Aboriginal adoption reform “a slap in the face” to Indigenous children.

Senator Jacinta Price with Opposition Leader Peter Dutton in Alice Springs on Thursday. Picture: Liam Mendes/The Australian

Country Liberal senator Jacinta Price has called for state governments to implement urgent changes to “racist” laws hindering the adoption of Indigenous children by white families, labelling inaction on Aboriginal adoption reform “a slap in the face”.

Her comments come as incoming NSW Attorney-General Michael Daley refuses to commit to reform the Adoption Act and ease the adoption process, following revelations that, despite their wishes, vulnerable Aboriginal youth are struggling to be adopted by families that have provided them years of care.

Senator Price said laws inhibiting the adoption of Indigenous children by their long-term white foster families were “ideologically based laws that don’t recognise us as human beings”.

“It’s about the kids ultimately,” Senator Price told The Australian. “It’s about their well­being, it’s about their long-term care. It’s about them not being afraid that they might be ­removed from the loving, caring circumstances that they’re currently in.”

The Australian revealed last week that Richard, whose name has been anonymised by the courts, had begged the NSW ­Supreme Court to allow him to be adopted by a white foster family that had cared for him for 16 years.

After a long application process, he said he felt his Indigenous heritage was standing in the way of his adoption and it was “getting to the point where I feel like no one is listening to me”.

Laws governing adoption in NSW require, as a first preference, an Aboriginal child to be adopted by someone in the ­Aboriginal community to which their birth parent belongs. If not practicable, the child can be placed with an adoptive parent from another ­Aboriginal community. Only if that is not feasible may the child be adopted by non-Aboriginal parents, but only with the support of Aboriginal corporations and community members.

When Mr Daley was asked whether Richard’s case had encouraged him to reform the state’s laws, a spokesperson from his office said: “The Adoption Act 2000 does allow for Aboriginal children to be adopted. The views of children, family members and the Aboriginal community are always considered prior to making a decision about adoption.

“Any reform to the Adoption Act 2000 would ­require careful consideration with the best interests of children at the heart of decision making.”

Bur Senator Price called Mr Daley “cowardly” for failing to reform the laws to facilitate easier adoptions for Indigenous children.

NSW Attorney-General Michael Daley. Picture NCA Newswire/Gaye Gerard

“As lawmakers we are supposed to be about putting the rights of children first,” she said.

“I think it’s actually cowardly for a minister to turn around and say that because they’re not actually concerned about the children’s wellbeing, they’re concerned about their own standing and how they’re looked upon as a leader,” she said.

Senator Price on Sunday called for an inquiry into the removal of Indigenous children in the NT from caring foster homes to be put back in their Aboriginal communities, where they may be abused.

“I’ve been approached by many, many foster parents who are deeply concerned about the kinship rule when it comes to the foster care of vulnerable Indigenous children,” she told the ABC.

“Territory Families take children who have been in loving, caring foster homes and then place them back into communities that they’ve actually not really known all their lives.”

Northern Territory Police Minister Kate Worden said Senator Price’s comments made child protection system workers feel “demonised”.

“It was sad to hear this morning Senator Price talking about our kinship care system in such a negative way,” Ms Worden said.

“Kinship care is not a system that places children back in communities or into households with their perpetrators.”