Australia’s adoption laws do not unequivocally make provision for the rights enshrined in Article 23(2). There are barriers which restrict the ability of people with disability to adopt including anecdotal evidence to suggest people with disability are not recognised as being appropriate candidates to adopt.440 In some jurisdictions, there is a specific requirement that prospective parents be of “good repute”441 and be “fit and proper persons” to adopt a child.442 This disproportionally affects people with disabilitywho require greater evidence to demonstrate that they are “fit and proper” persons.
