Adoption in Victoria: A Guide for Step-Parents, Relatives and Adults

Adoptions in Victoria

Child Adoption

In today’s society, children are often raised in blended families or by step-parents who are not their biological parents (or natural).

This article explains the steps that need to be taken to adopt a child under the age of 18 years by a step parent or other relative who is raising that child.

An Adoption Order allows for a child’s birth certificate to be changed to replace one or both parents. Children are currently only able to have two parents listed on their birth certificate so it is important to be aware of the impact on a child of a biological parent being removed from their birth certificate.

An Adoption of a child requires Applications to be made in two Courts.

Federal Circuit and Family Court of Australia (FCFCOA)

Whilst the Adoption Act 1984 does not prevent someone from making an application in the County Court for adoption if leave has not yet been granted in the FCFCOA to allow for the application for Adoption to be made, without an Order of the FCFCOA in relation to parental responsibility, a natural parent’s parental responsibility continues. The adoption does not replace it.

This can be done either by agreement with the natural parent through an Application for Consent Orders or alternatively by way of an Initiating Application if the natural parent does not agree or is otherwise unable to be located. The FCFCOA will assess whether in making the Orders for parental responsibility and allowing for an application to be made for Adoption, this is in the best interests of the child.

County Court

Following Final Parenting Orders being made in the FCFCOA in relation to parental responsibility and with leave to allow for an Application to be made in the County Court, an application for Adoption can then be made.

Under section 15(1) of the Adoption Act 194, there is a requirement that a report is prepared by Adoption Services in relation to details of the family circumstances. In order to prepare the report the following people will be interviewed:

1. The proposed adoptive parent;
2. Any natural parent who will no longer be listed as a parent on the child’s birth certificate;
3. Any natural parent who will remain listed as a parent;
4. The child (depending on their age); and
5. Any other person that could be affected by the Application.

For known-child adoptions (such as by a step-parent or relative), the court must be satisfied that:

1. A family law order would not adequately provide for the child’s welfare and best interests, whereas an adoption order would; and
2. There are exceptional circumstances that justify making an adoption order.

If a natural parent has not provided their consent then the County Court can only make an Adoption Order if their consent is dispensed with.

Following the making of an Adoption Order, Births Deaths and Marriages is notified so that the child’s birth certificate can be altered.

Adult Adoption

There is no requirement for natural parents to consent to adoptions of adults as the person that is to be adopted is able to consent to their own adoption. An Application for Adoption Order is made to the County Court only if an adult seeks such an Order.

For more information on Adoption and answers to any questions contact Pearsons Lawyers on 1300 699 688 for your free appointment to “Know Where You Stand”.