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How to approach adopting a child in Australia

June 8, 2022 By Fredman & Gopalan Solicitors

In Australia we have open adoptions. This means that the child will know they are adopted and be supplied with any necessary information on their family and cultural heritage. They are able to keep their given name or names (while still being able to change their last name to fit with the new families last name if needed), identity, language, cultural and religious ties. These should not be put in jeopardy just for the benefit of the adopting parents as it is the child’s wellbeing that is first priority, and all decisions should be made in order to benefit the child.

Adoption is made at a state level which means that the exact ways that adoption is done will differ. The basic steps for all types of adoption across all different states and territories include getting in touch with the relevant agency/department, attending information sessions, creating the relevant documentation, being assessed and trained, getting placed with a child that suits both the adoptee/s and the child and then getting post adoptive support (sometimes provided by state/territory departments).

Once the child is adopted, they are as equal as a birth child. This means they have the same rights and responsibilities, and they will no longer be under the responsibility of the Minster for Communities and Justice.

In order to adopt a child, you must be a resident in Australia, in the right physical and mental state to take on the responsibility of a child, over 21 years old and at least 18 years older than the child.

Once you understand all of this you can decide what type of adoption will be best for your situation. The main types of adoption are:

  • Local adoption: when the biological parents are directly involved and make the decision on who adopts their child
  • Out-of-home care adoption: when foster carers adopt a child into their care
  • Out-of-home care dual authorization: when people are assessed and trained in order to be both a foster carer and adoptive parent at the same time
  • Intercountry adoption: any adoption of a child from overseas
  • Special needs adoption: adopting a child with special requirements due to a disability or other special needs
  • Intrafamily adoption: adopting someone within your family who isn’t already under your direct legal care

If you or someone you know wish to to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

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