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In Australia, same-sex adoption is legal in the Australian Capital Territory and Western Australia, while only biolological adoption (regardless of type of couple) is possible in Tasmania. The lesbian co-mother or gay co-father(s) can apply to the Family Court of Australia for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. But the lesbian co-mother and gay co-father(s) will be treated in the same way as a social parent is treated under the law; they will not be treated in the same way as a birth parent. In May 2007, the Victorian Law Reform Commission in Victoria released its final report recommending that the laws be modified to allow more people to use assisted reproductive technologies and to allow same-sex couples to adopt and be recognized as parents to their partner's children.
|Same-sex couple joint petition||LGBT individual adoption||Same-sex stepparent adoption|
|New South Wales||No (under review since 2006)||Yes||No|
|Northern Territory||No (under review since 2007)||Only in exceptional circumstances||No|
|Queensland||No (foster parenting allowed)||Only in exceptional circumstances||No|
|South Australia||No (under review since 2005)||No||No|
|Tasmania||No||Only in exceptional circumstances||Yes|
|Victoria||No (under review since 2007)||Only in exceptional circumstances||Yes|
- For further information, see: LGBT rights in Australia