Adoption

Adoptions

Adoption is when a child joins and becomes a recognised member of a family. It means that the adoptive parents assume all rights and responsibilities of biological parents. Birth parents no longer have any parental rights over the child.

Deanna can help you to make adoption arrangements through the Department of Human Services, or an adoption agency.

There are restrictions on who can adopt a child including that you must be married or living in a de facto relationship for at least two years.

If you are a step-parent and wish to adopt your partner’s child, Deanna can help you seek a formal adoption or a parenting order through the Family Court. This will give you the same rights and responsibilities as a biological parent.

Deanna can help advise which process is most appropriate for your individual needs and circumstances.

What is the difference between a Parenting Order and Adoption?

The primary considerations of the Court when making an Order in relation to children either an Adoption order or a Parenting Order is the best interests of the child. However, there are some differences between a parenting Order and an Adoption Order. The main differences are:

  1. An Adoption Order is permanent, whereas a Parenting Order can be changed (either by agreement between the parties or further Court Order);
  2. An Adoption Order means that one or both of the child’s biological/birth parents cease to be the child’s legal parent and the adoptive parent becomes the child’s legal parent.
  3. Therefore the Adoption Order severs the legal relationship between the birth parent’s extended family and the child.

Can the Court refuse an Adoption Order?

Yes it can. In circumstances where there is an absence of exceptional circumstances warranting an Adoption Order being made, the court may instead grant parenting orders, which can include arrangements about where and with whom a child lives and with whom a child spends time with and communicates with.

In order for an Adoption Order to be made by a court, a Judge must be satisfied that:

  • A parenting order made by the Federal Circuit and Family Court would not adequately provide for the welfare and interests of the child.
  • Exceptional circumstances exist to justify an Adoption Order being made.
  • An Adoption Order would make better provision for the welfare and interests of the child than a Parenting Order made by the court.

Are there different types of adoption?

Yes there are.

  • There is intra-family adoption (adopting a step child);
  • Intercountry adoptions (adopting a child from overseas);
  • Local adoption and foster care adoptions.

Did you know?

Deanna has extensive experience in the adoption process and she welcomes you to contact her for a free initial consultation to discuss your wishes. You can request an appointment by completing the form below.

Not sure where to start?

Book a free initial 30 minute consultation and I will guide you to the next steps.