What are the requirements for step- parent adoption

Transcription

1 What are the requirements for step- parent adoption A step-parent may apply to adopt his or her step-child if: the person is the spouse of a parent of the child and the person, the person s spouse and the child are living together; and the two previous requirements have applied for a continuous period of 3 years; and the person has applied for and been granted leave by the Family Court (see further information below) and the person is an adult and the person or their spouse is an Australian citizen and the person is resident or domiciled in Queensland and the person s spouse is not the same gender as the person and the child is at least 5 years old and has not yet turned 17 In some circumstances an application relating to a child who has turned 17 can be accepted if there is enough time to complete the adoption process before the child turns 18 and the grounds for making an adoption order in favour of the applicant exist. What is Leave of the Family Court? Under the Family Law Act 1975 (Cwlth) a person can apply to the court for permission to commence adoption proceedings to adopt a step-child under the relevant state or territory laws. This is called leave. It is a requirement under the Adoption Act 2009 (Qld) that a step-parent applicant has received leave granted under the Family Law Act 1975 (Cwlth) to commence adoption proceedings. If it has not been granted, at the time the step-parent adoption application is made, the application can not be accepted. In order to apply for a final adoption order for a stepchild, a person must be able to provide Adoption Services with a certified copy of the court order granting leave. How can I get more information about this process? A step-parent seeking to make an application to adopt a step-child is responsible for applying to the Family Court for leave to undertake adoption proceedings. We suggest that you contact the Family Court National Inquiry Line on to

2 access more information about this process. You can also visit their website Does obtaining leave of the Family Court to commence adoption proceedings mean that an applicant will be able to adopt their step-child in Queensland? Obtaining leave of the Family Court does not necessarily mean that an adoption order will be granted. Step-parent adoption is a complex legal process and involves a number of detailed stages. Each stage can take a considerable period of time and will depend on the individual applicant and family s situation. For example, the consent of the non-custodial parent to the adoption is needed. Reasonable efforts need to be made to identify and locate the non-custodial parent. (see information regarding dispensing with the need for a person s consent to the adoption of their child). Adoption Services will review each application and situation with the applicant and spouse when discussing the processing of a step- parent adoption application. In particular, it is important to note that obtaining leave of the court may not necessarily mean that dispensation of the need for the parent s consent to the child s adoption will be granted by the Childrens Court or the assessment of the applicant s suitability to be an adoptive parent will be favourable. In summary: Leave of the Family Court must be granted for an applicant to be eligible to make a step parent adoption application; all required consents for the proposed adoption of the child, or dispensation order granted are required; an in depth assessment process is undertaken by Adoption Services to determine whether the step-parent is suitable to adopt; an application must be made by the applicant to the Childrens Court for a final adoption order only after Adoption Services has favourably assessed a step-parent; and

3 the Childrens Court must make a decision to make a final adoption order in favour of the step parent. Do I need legal representation? A step-parent applicant may choose to have a legal representative make their court applications throughout the step-parent process. Many applicants choose to represent themselves through the step-parent process and are provided with the necessary information to do so by Adoption Services to assist in the process however this is not legal advice. Does the non-custodial birth parent need to be involved in the step-parent adoption process? At the time of applying for leave of the Family Court (prior to submitting a step parent adoption application to Adoption Services), the non-custodial parent will need to be notified of the step parent applicant s intentions and served with any court documentation relating to the application for leave to commence adoption proceedings with Adoption Services. It is the non-custodial parent s right to be present at court for the hearing or to provide the court with their views and wishes in regards to the application for leave. What happens after leave of the Family Court is granted and my application to adopt my step-child is accepted? If leave of the Family Court has been granted, a step-parent adoption application has been accepted and the applicant and spouse have been invited to progress to the consent requirement stage, information regarding adoption is required to be given to each of the child s birth parents as part of the consent process. It is requested that the custodial parent informs the non-custodial parent of their intentions to apply for a step parent adoption and informs Adoption Services of their contact details. a. What if the birth father is unknown? In circumstances where a birth father is unknown, the requirement of consent can be dispensed with by the Childrens Court. The court needs to be satisfied that the applicant cannot establish the identity of the relevant parent after making all reasonable enquiries.

4 b. What if the birth father is deceased? Where a child s birth parent is deceased, consideration must be given to the effect the proposed adoption would have on the child/ren s relationships with the deceased parent s family. The views of living relatives regarding the child s proposed adoption will be sought and considered in the assessment of the application. c. What if the non-custodial parent does not wish to give their consent? There are many reasons why a child s parent may not wish to consent to a child s adoption and these reasons will need to be considered. In these situations families may wish to consider alternatives to step-parent adoption such as orders through the Family Law Court or a change of surname. In what situations can the court dispense with the need for a known birth parent s consent to the proposed adoption of a child? In situations where a birth parent does not provide consent, an applicant can make an application to the Children s Court to dispense with the need for the relevant parent s consent. The Court may make an order dispensing with the need for a parent s consent where it is satisfied that there is an unacceptable risk of harm to the child or custodial birth parent. Appropriate legal advice may be sought by the stepparent applicant to lodge an application to dispense with the need for a person s consent to the proposed adoption. Approximately how long will the step parent adoption process take? Step-parent adoption is a complex process with a number of stages. The time for completing each stage will depend on the complexity of the situation and each child s unique needs. Due to the fact that adoption is a permanent change to a child s identity, Adoption Services has a responsibility to ensure that a child s best interests are considered and protected throughout a thorough and robust assessment process. The step-parent application process involves both the custodial and non-custodial parents being contacted by Adoption Services to be given information about the permanent and legal nature of adoption. The step-parent applicant and their spouse

5 must also participate in an assessment process which considers most aspects of a person s life, including their health, relationships and ability to deal with the issues unique to adoptive parenting. Adoption Services is the only authority in Queensland able to administer adoptions. Applications are processed chronologically, unless otherwise agreed because of the particular circumstances of a child and their family. There can be a delay between when you make your application and when you are invited to progress your application. Adoption Services will advise you when processing of an application can begin. Staff will be able to answer any questions and to provide additional information on step-parent adoption, in preparation for application processing. Why do I have to tell my child about their non-custodial parent? Children are required to undertake pre-adoption counselling during the adoption application process, having regard to the child s age and ability to understand. This involves the child speaking with an assessing officer regarding their adoption and birth history, and providing his or her views and wishes. It is important that you start engaging your child in positive discussions about adoption and their birth history prior to commencing the adoption process. The guiding principles of the Adoption Act 2009 state that an adopted child should be cared for in a way that promotes openness and honesty regarding their adoption. Although a final adoption order changes legal relationships for the child, it may be in the adopted child s best interest for the child to maintain emotional connections and contact with their extended birth family. If you require support with talking to your child you can contact Adoption Services for further information or seek independent counselling. What would a step parent adoption order mean for my child? If an adoption order is made in favor of a step-parent the child s legal relationship with the non-custodial parent is severed. Legally, the adopted child assumes the same rights and privileges as a birth child, including the right of inheritance. A new birth certificate is issued with the name of the step-parent.

6 What opportunities exist for a child to maintain connections with their birth parent and/or extended birth family if a final order has been made? Adoption Services may discuss the development of an adoption plan which may assist parties who wish to obtain information and explore opportunities for connection. It is important to consider a child s developing sense of self and identity and their rights to information about their birth parent and extended family. If an adoption plan is not negotiated at the time of an adoption order it may be able to be negotiated at a later time. For example, a child may already have contact with their birth parent and extended family, with the understanding that this will continue after an adoption order is made. Some children, however, may not have contact, but may wish to obtain more information about themselves or their birth parent and extended family even if they are not having contact at the time of the adoption order. It will be important that opportunities for connection are provided and support provided to the child. As each child s situation is unique, consideration will need to be given to the particular circumstances of each child and their family situation. It is particularly important to consider the guiding principles of the Adoption Act These include that it may be in an adopted child s best interests for the child to have ongoing contact and/or exchange of information with members of the child s birth family to maintain their sense of identity and cultural heritage, where appropriate. Can I talk to Adoption Services about not wanting to consent to my child s adoption by their step parent? Yes. Information and support can be provided to a parent who does not want to consent to his or her child s adoption or who is subject to an application to dispense with the requirement for his or her consent. This includes non-custodial fathers whose children are subject to a step-parent adoption application. For further information or if you have any other questions contact Adoption Services by telephone on (07) or (Free call within Queensland) or by to ads@communities.qld.gov.au.