What is adoption?
Adoption orders made under the Adoption Act 1984 (Vic), relate to when one or both of the child’s biological parents stop being the legal parent/s of the child and the adoptive parent/s becomes the child’s legal parent/s.
Child adoption applies to children under the age of 18 years. There are various circumstances in which child adoption orders can be sought, including by two people who have been married or in a de facto relationship for at least two years, or whose relationship has been recognised as a traditional marriage in an Aboriginal community or group for at least two years.
What is the adoption process for a child that is unrelated to me?
In Victoria, adoptions are generally conducted through an adoption agency, particularly when the child is unknown or unrelated to the intended adoptive parents. To begin the adoption process, you must contact an approved adoption agency and attend information and training sessions run by the agency to prepare you to parent an adopted child.
The next step is to file an application for an adoption order in the County Court of Victoria (the County Court). You will be eligible to apply for an adoption order if you are an adult and ordinarily reside in Victoria. You may apply with your partner if you have been married or in a de facto relationship for at least two years, or as a single applicant if the County Court is satisfied that special circumstances exist, which make the adoption desirable.
The application process involves completing various documents, which are to be filed with the County Court either by mail or in person and the payment of a prescribed filing fee. Coulter Legal can assist you in preparing the necessary documents in this regard.
You will then be required to serve the documents and the child’s original Birth Certificate on the Department of Health Human Services or the adoption agency. An Affidavit of Service in relation to these documents must also be filed immediately with County Court, which Coulter Legal can also assist you with.
Next, the adoption agency will arrange for a social worker to assess your suitability to adopt the child and the agency will then prepare a Guardian’s Report for the County Court to consider when assessing your application.
An adoption order will be granted where the County Court is satisfied that the adoptive parents are “fit and proper persons” and meet the suitability requirements of being able to raise the child in a stable and positive environment and understand the unique aspects of parenting an adopted child. To determine the suitability of applicants, the County Court will consider the applicant’s health, age, character, life experience and financial circumstances.
If your adoption application is approved, you will be advised of an adoption hearing date in the County Court, where a Judge will make an adoption order. If the Judge grants you an adoption order, the Birth Certificate of the child will be amended accordingly. Coulter Legal can assist you with the appearance at the adoption hearing for this purpose.
What if the child is related to me, can I still seek an adoption order?
The Adoption Act 1984 (Vic) also provides for the adoption of a child by a step-parent or relative, without the need for an adoption agency.
To apply for an adoption order in this way and without the need for an adoption agency, you will be required to be classified as a relative of the child. The definition of “relative” is broad and includes grandparents, siblings, aunts and uncles.
However, you will be required to satisfy the Court that parenting orders obtained pursuant to the Family Law Act 1975 (Cth) would not make adequate provision for the welfare and interests of the child and that exceptional circumstances exist, requiring the need for a formal adoption order.
Most commonly, applying for parenting orders under the Family Law Act 1975 (Cth), is the most appropriate way to provide legal recognition to care-giving arrangements within families. To apply for parenting orders, you will be required to satisfy the Federal Circuit and Family Court of Australia (the Family Law Court) that you are a person concerned with the care, welfare or development of the child. The Family Law Court will usually be satisfied in this regard if you are a relative of the child.
If you obtain parenting orders, this will not affect the child’s birth certificate. However, the child will live with you, and you will assume the parental responsibility for the child in order to make all decisions relating to the care, welfare and development of the child. The parenting orders will remain in force until the child turns 18 years old, enters into marriage or a de facto relationship.
To learn more about parenting orders, click here.
Can I apply for an adult adoption?
Adoption orders can also made under the Adoption Act 1984 (Vic), for the adoption of an adult.
An adult adoption, however, is quite different to a child adoption in that it does not require the same steps as a child adoption, such as the biological parent’s consent being obtained or a Guardian’s Report.
Rather, it merely requires the filing of various court documents on behalf of the applicant and the adult adoptee, which Coulter Legal can assist you with preparing and filing with the County Court.
However, once the adoption application is filed with the County Court, the biological parent/s must still be notified of the adoption application by registered post. An Affidavit of Service must also be filed immediately with County Court, which Coulter Legal can assist you with.
Similarly to a child adoption, once the adult adoption application is approved, you will be advised of an adoption hearing date in the County Court, where a Judge will make an adoption order. If the Judge grants the adoption order, an application can be made for the Birth Certificate of the adult adoptee to be amended accordingly. Coulter Legal can assist you with the appearance at the adoption hearing for this purpose.
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