Birth of new traditional adoption era
HISTORIC legislation is poised to bring traditional Torres Strait Islander adoption practices into law, with the first round of community consultation in Townsville today.
The legislation will bridge the gap between traditional lore and Western law for caregivers and children from extended Torres Strait Islander families.
This is a change Torres Strait Islander leaders have spent more than 30 years campaigning for, says elder Francis Tapim, who represents communities from the eastern islands.
Mr Tapim, who once worked with the Family Law Court chief justice to ensure Torres Strait Islander adopters followed traditional practices, said the change would be significant for families.
At the last sitting of Queensland Parliament, Torres Strait Islander and Cook MP Cynthia Lui choked back tears as she introduced the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Bill.
The Bill, which translates to
“for our children’s children”, will allow people to apply for legal recognition of traditional childrearing practices, meaning the child’s birth certificate will reflect their lived identity.
Mr Tapim, 72, said in the eastern islands, traditional adoption was in the bloodline.
“If your father’s sister had no children, then traditional adoption could take place because it’s through the bloodline,” he said.
Through this type of adoption, the sister would adopt one of her brother’s children.
Mr Tapim said adoption was still taboo and wasn’t spoken about until the child became old enough to understand.
“When the child was in primary school, it didn’t matter,” he said. “But when the child started to go to high school and then started getting into sports, that’s when problems started.
“They come and ask the adopted parents what is happening and you have to tell them.”
Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee chairman Thuringowa MP Aaron Harper said the
Bill would give traditionally adopted children access to things others took for granted like school enrolment or getting a licence.
“The legislation will allow people to apply for legal recognition of the traditional childrearing practice, which, if granted, means they can get a birth certificate that reflects their lived identity,” he said.
If passed, the Bill will ensure cultural parents can make parental decisions about their child without difficulty and the child will have the same legal rights as other children of the cultural parents, including inheritance rights.
The legislation will introduce a commissioner with the authority to “rubber stamp” traditional adoptions. But Mr Tapim said there should be two commissioners – one for the eastern islands and one for the western islands.
“It’s about making sure the understanding is right of traditional adoption,” he said. “Whoever the commissioner is going to be, make sure that person knows that particular culture.”
>>The public hearing will take place at the Ville ResortCasino today from 4.30-7pm.