Queensland Family Law Practice

Adopting A Child

We are here to help with Child Adoption

Make sure you get the best outcome possible, for you and your families’ future.

  • Guide you through the entire Family Law process

  • Help you navigate through this difficult time

  • Get the outcome you need to move on with your life

More than 100+ years of combined lawyer experience.

Free Chat with a Family Lawyer

For a limited time, we are offering you a 10 min free chat with a family lawyer so you can get answers and direction to move forward.

Adopting a child can be an overwhelming experience.
We can take the stress away by guiding you through the adoption process from start to finish.

Why you need a family lawyer for adoption.

Helping you through the adoption process

For many people, adopting a child can seem like an overwhelming experience. We can take the stress away by guiding you through the adoption process, from determining your eligibility, seeking leave from the Family Court of Australia, commencing proceedings to adopt the child, through to filing your application and obtaining the final order.

Assisting you in making decisions that will positively impact your family

If you are looking to adopt, we’ll give you the information you need to help you make the decisions that will have a positive impact on you, your spouse and any existing children. It is important to carefully consider all decisions made during the adoption process, and a family lawyer can help with this.

Explaining the outcomes of adoption

We will explain the implications of adoption up front so you are fully aware of your responsibilities as the parent of an adopted child once the adoption process is finalised. This could include potential future scenarios you may not have considered, for example, what could happen in the event of a separation from your spouse. We aim to ensure you know that adoption is the right decision for your family.

Frequently Asked Questions

Adoption is the process of transferring the legal rights and responsibilities from a child’s biological parent to an adoptive parent.

Private adoption is illegal in Queensland. The state government enables all adoptions through the Department of Children, Youth Justice and Multicultural Affairs. The department can assist with:

– Birth parents considering placing their child up for adoption;
– Children who require adoptive services
– Individuals looking to adopt; and
– Individuals wanting to lodge a contact statement relating to a prior adoption.

Detailed below are the steps involved in adopting your step-child in Queensland:

  1. Leave must be sought by the prescribed adoptive parent and granted by the Family Court of Australia to commence proceedings to adopt the child.
  1. Before granting leave, the court must consider if it is in the child’s best interest for leave to be granted for the child’s adoption. If the court is satisfied, an order will be granted that permits the adopting parent to make an application to adopt the child.
  1. The adopting parent must then make an application to Adoption Services and go through the required assessment process before they can be deemed suitable to adopt the child. In Queensland, Adoption Services Queensland is the government agency that oversees and facilitates adoptions once leave is granted for adoption proceedings to commence. To be eligible to apply to adopt a child, certain criteria under the Adoption Act 2009 must be met. These include:
  1. The applicant must be at least 18 years of age;
  2. The applicant must be a resident or domiciled in Queensland;
  3. The applicant must be an Australian citizen or the partner of an Australian citizen;
  4. The applicant must be the spouse of the child’s parent and have lived with the child and the child’s parent for three consecutive years prior to the application being made;
  5. The applicant must have been granted leave by the Family Court of Australia under the Family Law Act 1975 to start adoption proceedings;
  6. The applicant must not be of the same gender as their spouse (the child’s parent); and
  7. The child must be at least five years of age but no more than 17 years of age.

Once the adopting parent has been through the Adoption Services assessment process and obtained confirmation of their eligibility to adopt an application will be made to the Children’s Court of Queensland for a final order for the adoption of the child. The application must be made jointly with the step-parent’s spouse. The court may make a final adoption order for a child if the court is satisfied that:

  1. The child is present in Queensland;
  2. The step-parent is an adult and residing or living in Queensland;
  3. The step-parent or their spouse is an Australian citizen;
  4. The step-parent is considered suitable;
  5. An order for the child’s adoption would better promote the child’s well-being and bests interests; and
  6. If there are exceptional circumstances that warrant the making of the order.

Once a child is adopted, the child’s legal relationship with their biological parents and family is severed and the adoptive parents become legally responsible for the child as if they were the child’s biological parents. This means the child is no longer a child of their former parent. They will also have joint parental responsibility to ensure the ongoing wellbeing and development of the child as well as a financial duty

In the event of a separation from your spouse who is the child’s parent, you would still be considered a parent of that child and deemed to have a duty to financially maintain the child, so you could be liable to pay child support.

An application to adopt a child who is 17 years old is only accepted if a step-parent can prove they can finalise the adoption process before the child turn 18. This means demonstrating that there is enough time to:

– Determine the step-parent’s eligibility;

– Give information and pre-consent counselling to the child and any parent whose consent to the adoption is required;

– Allow the 30-day period for the parent to revoke consent for the adoption to expire;

– Have the step-parent apply to the Childrens Court of Queensland (if applicable);

– Assess the suitability of the step-parent, such as their criminal history, domestic violence history, traffic history and other information from Queensland Police Service;

– Complete a report of the home study assessment; and

– Allow the step-parent to make an application for a final adoption order to the Childrens Court of Queensland.

After you sign the adoption consent form, you have 30 days to change your mind, which is called the revocation period. This period begins the day after you sign the consent form.

 Individuals who can revoke or reverse an adoption generally include the birth parents, adoptive parents or the child being adopted. For an adoption to be reversed, a petition must be filed by one of the parties involved who must convince the court of a compelling reason to annul the adoption.

Clients’ Reviews
Lee-Anne Pringle
Lee-Anne Pringle
Amazing Service & Information - I am a Disability Advocate and I was ringing for a distressed client who had had a family member pass away. The lady on the phone was pleasant, professional and tended to my inquiry straight away. Would not hesitate to use this service again.
richard hocking
richard hocking
Understanding and supportive.
Matt Hutton
Matt Hutton
Thanks to Tracy, Rachael and the team for working with me to give me a better than expected outcome financially and essentially Tracy for keeping me on track during a tough mediation. Still some work to do but you guys have been so professional and helpful throughout this messy process.
Michelle Steer
Michelle Steer
The half hour webinar was extremely useful and easy to understand. In a difficult time, you don't want "legal speak" and this was definitely not that, highly recommend for anybody who has just seperated
Nahid Tonmoy
Nahid Tonmoy
The customer service to legal advice, everything was fantastic. The whole team really looks after their clients.
Anthony Macdonnell
Anthony Macdonnell
The wills of my wife and I were updated earlier this year and the team at Forge Legal handled this in a very professional and efficient way. We would have no hesitation in recommending them
Very happy with the service received recently when purchasing our new home,everything went very smoothly and we were kept up to date with information, highly recommend .
sandra fitzgerald
sandra fitzgerald
Very happy with the service we received from Queensland Family Law Practice, when we recently purchased our new home, they kept us informed and kept everything running smoothly, highly recommend.

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We are here to help with Child Adoption

Make sure you get the best outcome possible, for you and your families’ future.

  • Guide you through the entire Family Law process

  • Help you navigate through this difficult time

  • Get the outcome you need to move on with your life

More than 100+ years of combined lawyer experience.

Free Chat with a Family Lawyer

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