The Commissioner overseeing legal recognition of Torres Strait Islander customary adoption in Queensland says the process has been so successful that it should be used as a model for similar customs around Australia.
Commissioner C’Zarke Maza of Meriba Omasker Kaziw Kazipa says the state now provides a process to legally recognise the Ailan Kastom where a child is gifted by birth parents to another family member.
“So this practice is certainly, I regard it as unique. It’s ancient, it’s integral and enduring,” Commissioner Maza says.
“It’s been practiced by Torres Strait Islander people since time immemorial, and it continues to be practiced to this day.
“Prior to the legislation, it wasn’t recognised. In fact, there were some acts in the past that even criminalised the gifting of this child to other family members.
Commissioner Maza says with the passing of the Meriba Omasker Kaziw Kazipa Act in 2020, it now provides a platform and a simple administration process which avoids the court system for adoptions.
“It’s a quick simple application and results in a Cultural Recognition Order being granted and the issuance of a brand new birth certificate, which reflects the person’s cultural identity and their legal identity.”
It’s the Commissioner’s role to consider legal recognition and make orders to change birth records recognising the new parents under the practice.
Torres Strait Islander elders campaigned for 30 years to gain legal recognition, resulting in the first legislation in Australia to recognise Indigenous child rearing practices.
Model for similar practices
Commissioner Maza says there are many other customary practices around Australia pre-dating western laws that should be officially acknowledged in a similar way.
“This is certainly leading the way. When Queensland made this legislation, I don’t think they really realised the can of worms they may have been opening up by recognising one cultural law, because Torres Strait Islanders, we’ve got many laws. Aboriginal people, we’ve got many laws.
“We can see that it can work. It does no harm to anyone else.
“I know, there’s a lot of Aboriginal mob out there that have very similar practices to this Torres Strait practice where there’s a child gifted to another family member, but unfortunately, there’s no legislation in place to legally recognise that.
“That’s certainly something that should be discussed at a state level, but why not at a federal level?
“Why shouldn’t that extend to other First Nations people throughout Australia? I think it’s a conversation and discussion that certainly needs to be had at a higher level.”
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