Adoption Lawyers Melbourne

In Victoria, you can apply to adopt if you are an adult and normally live in Victoria. Couples must have been married, in a registered relationship or living together in a de facto relationship for at least two years. Single people can be approved to adopt, but the court can only make an adoption order in favour of a single person if special circumstances exist in relation to the child.

Applicants are assessed against suitability criteria, including health, age and maturity, financial circumstances, the stability of their relationships, any criminal history and their commitment to open adoption and contact with the child's birth family. Medical checks and Working with Children Checks are part of the assessment. For intercountry adoption, at least one applicant must be an Australian citizen if the child is not automatically an Australian citizen.

These requirements are set out in the Adoption Act 1984 (Vic) and the Adoption Regulations 2019, and each application is assessed individually, with the best interests of the child as the paramount consideration.

Adoptions in Victoria are arranged by Adoption Services Victoria, part of the Department of Justice and Community Safety, or an agency approved to work on its behalf. They assess applicants, counsel birth parents, arrange the consents and prepare the reports the court needs. The County Court of Victoria makes the adoption order, and Births, Deaths and Marriages Victoria issues the new birth certificate. For intercountry adoption, Adoption Services Victoria works with the Commonwealth's Intercountry Adoption Australia.

In Victoria, adoption orders are usually made by the County Court of Victoria under the Adoption Act 1984 (Vic), not by the Federal Circuit and Family Court of Australia. The Federal Circuit and Family Court makes parenting orders under the Family Law Act 1975, which are often used instead of adoption when a step-parent or relative cares for a child.

Once the adoption order is made, a new birth certificate is issued naming the adoptive parents as the child's parents. This becomes the child's legal birth certificate. The original birth record is kept: birth parents can apply to Births, Deaths and Marriages Victoria for a copy, and adopted people can obtain it as adults.

Yes. Victoria practises open adoption, and adoptive parents are expected to support the child's connection with their birth family. The adoption order often includes conditions about contact and information exchange, such as visits, letters and photos, and families can also make a private arrangement that is not part of the order. The court can later change these conditions if that is in the child's best interests.

In some cases, yes, but it is not the only option. When a child in foster or kinship care cannot safely return home, the Children's Court of Victoria can make a permanent care order, which gives the carers custody and guardianship of the child until they turn 18 without changing the child's legal parents. Adoption of a child already in your care needs the parents' consent (unless the court dispenses with it), and the adoption order is made by the County Court of Victoria.

Through an adoption order made by the County Court of Victoria. Once the order is made, the child is treated in law as the child of the adoptive parents, as if born to them, and the birth parents' legal rights and responsibilities end. The adoptive parents become the child's legal parents, not just their guardians. In a step-parent adoption, the parent the child lives with remains a legal parent.

1. Pre-adoption preparation: Understanding adoption, attending information sessions, and ensuring eligibility.
2. Application: Submitting an application with relevant documentation.
3. Assessment: Home visits, interviews, and background checks to ensure the adoptive parents are suitable.
4. Approval: If deemed suitable, adoption approval is granted.
5. Matching: The child is matched with adoptive parents based on suitability.
6. Placement: The child joins the family, usually under a temporary arrangement, pending finalisation.
7. Finalisation: The County Court of Victoria makes the adoption order and parental rights legally transfer to the adoptive parents.

Adopting a child in Australia can be challenging due to strict eligibility requirements, extensive assessments, and waiting periods. The process requires navigating both legal and emotional complexities, and adopting non-relative children, in particular, can be more difficult due to fewer children available for adoption. In Victoria, the County Court deals with around 80 adoptions a year.

Adoption Services Victoria does not charge fees for any part of adopting a child from Victoria. When you apply to the County Court of Victoria for the adoption order there is a court filing fee (about $400), and you will have legal fees if a lawyer prepares or appears on your application. Intercountry adoption usually costs more, as overseas partner countries charge their own fees.

In Victoria, adoptions can only be arranged by Adoption Services Victoria or an agency approved and funded to work on its behalf. These services assess and approve people wanting to adopt, counsel birth parents, match children with families and provide support after the adoption.

1. Intercountry adoption: Adopting a child from another country, arranged by Adoption Services Victoria with Intercountry Adoption Australia. (We do not provide services in this area.)
2. Local adoption: Adopting a child from Victoria through Adoption Services Victoria or an approved agency.
3. Step-parent and relative adoption: The court must be satisfied that a parenting order under the Family Law Act would not adequately provide for the child and that exceptional circumstances exist, so parenting orders are usually the preferred option.

A Parenting Order, made under the Family Law Act, sets out a child's care arrangements, such as who they live with and spend time with, and does not change the child's birth certificate or inheritance rights. Adoption permanently transfers parental rights, making the adoptive parents the child's legal parents, with the same rights as birth parents.

Relatives and step-parents can apply to adopt, but the County Court must be satisfied that a parenting order under the Family Law Act would not adequately provide for the child, that exceptional circumstances exist, and that adoption would make better provision for the child. For this reason, parenting orders are usually the preferred option. Adopting a friend's child, or any child who is not related to you, requires approval as a fit and proper person to adopt, and the parents' consent is still needed.

Costs depend on the type of adoption. Local adoption through Adoption Services Victoria has no agency fees. For step-parent, relative and adult adoptions, the main costs are the County Court filing fee and your legal fees. Intercountry adoption involves fees charged by the overseas country. We can outline the likely costs for your situation at your free first appointment.

Victoria does not have an order called a kinship order. Kinship care is when a relative or close family friend, such as a grandparent, aunt or uncle, cares for a child who cannot live with their parents. The carer can apply to the Federal Circuit and Family Court of Australia for parenting orders or, where child protection is involved, the Children's Court of Victoria can make orders such as a permanent care order. These orders give the carer responsibility for the child but, unlike adoption, they do not change who the child's legal parents are.

After adoption, birth parents are no longer the child's legal parents. They are still entitled to information about the child, the adoption order may provide for direct contact, and they can apply for a copy of the child's original birth certificate. The details depend on the conditions in the adoption order and any agreed arrangements.

Yes, post-adoption support services are available to help families adjust. These services offer counselling, support groups, and guidance on navigating the transition for both adoptive parents and children.

The County Court of Victoria finalises the adoption. It reviews the application and reports, checks that the legal requirements, including consents, are met, and makes the adoption order that transfers parental rights to the adoptive parents. It can also include conditions about contact and information exchange in the order.

The adoption process for a non-relative child involves multiple steps: assessment of suitability, matching the child with adoptive parents, and legal finalisation by the County Court of Victoria. Because there is usually no existing relationship with the child, applicants go through a full assessment and approval process before a child is placed with them.