Call our lawyers
now
or,
have our lawyers
call you
Stepparent Adoption
Updated on Nov 14, 2022 • 3 min read • 443 views • Copy Link
Stepparent Adoption
Stepparent adoption is the process by which a stepparent becomes the legal parent of their spouse’s or de-facto partner’s child. Before a court considers an application for adoption of a child by a stepparent, the Federal Circuit and Family Court of Australia must first give its approval for the adoption to proceed (section 60G Family Law Act 1975).
Adoption permanently severs the legal relationship between a child and their biological non-custodial parent and that parent’s family. Once adoption has occurred, the child receives a new birth certificate naming the stepparent as one of their parents. The previous birth certificate is no longer valid.
For this reason, the FCFCA rarely gives approval for adoptions to proceed.
When does stepparent adoption proceed?
Stepparent adoption may be considered when:
- Adoption is in the child’s best interests;
- The biological parent is not actively involved in the life of the child;
- The biological parent is deceased and the deceased’s family does not have significant contact with the child.
Stepparent adoption is regulated by both the Commonwealth Family Law Act and the Adoption Act of the relevant state. Each state has different requirements imposed by legislation that must be satisfied in order for stepparent adoption to occur.
Child adoption and adult adoption
Stepparent adoption may occur when a stepchild is under 18 or when a stepchild is an adult. The Adoption Act of each state sets out strict requirements as to the circumstances in which adoption is permitted in the state. Generally speaking, the factors considered include the best interests of the child, the age of the child, a minimum period of cohabitation between adoptive spouses and the consent of the parents.
If you are considering adopting your stepchild, you should seek legal advice on the rules that apply in your state.
Alternatives to stepparent adoption
While it is rare for the FCFCA to give approval for an adoption to proceed, there are a number of other ways that stepparents can recognise or give legal status to their relationship with their stepchild.
Some of these are outlined below.
- A stepparent can be a party to a Parenting Plan. A Parenting Plan is a document that sets out who a child is to live and spend time with and how they are to be cared for. Parenting plans are not enforceable by law, although they can have a strong influence in future court hearings for parenting matters.
- A stepparent can be a party to Parenting Orders. A Parenting Order is a legally enforceable document that deals with who has parental responsibility for a child and who the child lives with and spends time with. Parental responsibility includes making decisions about a child’s education, health and religion. Where a stepparent has parental responsibility, they can have similar legal responsibilities to any other parent.
- A stepparent can include a stepchild in their will.
In addition, a child may wish to give recognition to their relationship with their stepparent by applying to change their name to their stepparent’s surname, rather than their birth name.
If you require legal advice or representation in relation to stepparent adoption or in any other legal matter, please contact Go To Court Lawyers.
Related Content
What is a PACE Alert or Airport Stop?
Immunisation of Children in Parenting Matters
‘No Access’ Parenting Orders
Recovery Orders | Family and Divorce Lawyers
Child Support: The Basics
Location Orders and Recovery Orders
Parenting Matters in Melbourne
Stepparent Adoption
Mental Health and Parenting Orders
Grandparents and Family Law in Australia
What is International Child Abduction?
Writing an Affidavit: The Dos and Don’ts
Emma Swialto
Senior Lawyer - Legal Technology Consultant
Emma Swiatlo holds a Bachelor of Laws and a Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She was admitted to practice in the Supreme Court of Victoria. Emma has practiced primarily in family law (including parenting matters and property settlements), representing clients in the Federal Circuit Court and the Family Court. She has also represented clients in Personal Safety and Family Violence Intervention Order matters in the Magistrates Court.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Child Abuse Allegations in Australian Parenting Cases
Child abuse cases are covered under the Magellan program which operates in the Family Court of Australia. The Magellan program is for parenting cases which involve serious allegations of child abuse (including physical and sexual abuse). This program recognises that the children involved in these disputes are some of the ....
Posted in:
Children
Subpoenas in the Family Court (WA)
A subpoena is a form of summons issued by the court at the request of a party to legal proceedings requiring a person to produce certain documents and/or give evidence for the purposes of a trial. Subpoenas are generally required to be personally served on the named person either in ....
Posted in:
Children
Court Processes
Family Law Western Australia
How to Locate and Recover a Child Through the Courts
How to Locate and Recover a Child Through the Courts It is unfortunately all too common for a parent to withhold a child from the other parent or to move interstate or even overseas in an attempt to stop the other parent from having contact with the child. In this ....
Posted in:
Children
Parental Alienation and Family Law
Parental Alienation and Family Law Separation and divorce can place enormous pressure on families, especially when former spouses share the care of young children. While most children maintain positive relationships with both their parents after separation, a percentage of children become estranged from one parent. In some cases, one parent ....
Posted in:
Children
The law that governs parenting orders, including breaches of orders, is the Family Law Act. When a parenting order is made, either by consent or after a hearing by the Federal Circuit and Family Court of Australia (FCFCA), every person affected by the order must comply with all of its terms. ....
Posted in:
Children
Grandparents and Family Law in Australia
Grandparents and Family Law in Australia Grandparents can play a significant role in a child’s life and may be the child’s main caregiver. In many situations it is therefore important to understand your rights as a grandparent to see and care for your grandchildren. The Family Law Act 1975 (Cth) ....
Posted in:
Children
Final Parenting Orders - The Rule in Rice v Asplund (1979)
What are final Parenting Orders? Final Parenting Orders are Family Law Orders that detail the parenting arrangements for a child or children, which remain in force until the child turns 18. Final Orders can be made by a judge after hearing evidence and submissions by the parties, or by consent ....
Posted in:
Children
Recovery Orders | Family and Divorce Lawyers
Recovery Orders | Family and Divorce Lawyers A recovery order is a court order that requires a child be returned to their parent or to the person who is responsible for them under a court order. A recovery order can authorise or direct a certain person, such as a police ....
Posted in:
Children
Parental Abduction and Taking Children Overseas
Parents should think twice before taking their child overseas without first getting permission from the child’s other parent. A number of legal restrictions are in place to prevent a child leaving Australia without the consent of both parents. Even if you are only planning a short holiday, it is important ....
Posted in:
Children
Family Violence Allegations During Parenting Cases
Family Violence Allegations During Parenting Cases Family violence is an important factor to consider when parties are applying to the court for parenting orders. Family violence allegations may be made at any stage in a parenting case so the question of how they should be dealt with is a complicated one. ....
Posted in:
Children
Access to Children and Parenting Agreements
Children who are supported and encouraged to maintain a relationship with parents, grandparents and other relatives, can adapt to the changing situation with greater ease. Obviously, reaching an amicable agreement for access to children is not always possible, and in some situations, a parent may need to apply to the ....
Posted in:
Children
Sole 'Custody' of Children in Australia
What is often referred to as ‘custody’ of children is known as ‘parental responsibility’ under the Australian family law system. In the past, there was a presumption that parental responsibility should be held equally by the two parents of a child. However, this presumption will cease to exist on 6 ....
Posted in:
Children