Have you ever wondered if a stepchild or grandchild can be legally recognised as your child? Intrafamily adoption in Australia allows you to do just that! It’s a big decision, but one that can strengthen your family bond and provide crucial legal protections.
But is it right for you? Dive deeper and explore the ins and outs of intrafamily adoption in Australia. We’ll cover everything from who qualifies to the legal process, so you can make an informed decision about your family’s future.
According to Australian Family Law, what is intrafamily adoption?
In Australia, intrafamily adoption, also known as “relative” or “kinship” adoption, is the legal process by which a family member adopts a related child. This could be a stepparent adopting their stepchild, grandparents adopting their grandchild, or other relatives adopting a family member. Australian Family Law treats this form of adoption with a focus on the child’s best interests, prioritising their safety, welfare, and well-being.
State and territory laws in Australia govern intrafamily adoptions, resulting in varying specific procedures and requirements. However, generally, the process involves a thorough assessment by the relevant state or territory department responsible for child welfare. This includes home visits, interviews, and background checks to ensure the family environment is suitable for the child.
Unless the child’s biological parents have legally terminated their parental rights due to abandonment, neglect, or abuse, the adopting family member must also obtain their consent.
The Family Court of Australia, or the relevant state or territory court, must approve all adoptions. The court’s primary concern is that the adoption serves the child’s best interests, including the emotional and psychological benefits of maintaining family connections and the stability offered by familial placement.
Also read: Child Naming Laws in Australia
What are the benefits of intrafamily adoption in Australia?
In Australia, intrafamily adoption offers several benefits for both the child and the adoptive family. Here are some key benefits:
- Stability and Security: Intrafamily adoption formalises the existing family unit, providing a sense of stability and security for the child. They gain the legal rights and protections associated with being the child of the adoptive parent(s).
- Strengthens Family Bonds: The adoption process can solidify the bond between the child and the adoptive parent, fostering a stronger sense of belonging and commitment within the family.
- Decision-Making Authority: Formal adoption grants the stepparent or relative full legal parental responsibility. This allows them to make critical decisions regarding the child’s education, healthcare, and well-being.
- Inheritance Rights: Within the adoptive family, the adopted child acquires inheritance rights, guaranteeing their inclusion in any future estate distribution.
- Minimise Disruption: In situations where a biological parent may not be actively involved or poses a risk, intrafamily adoption can reduce disruption to the child’s life while maintaining a familiar family structure.
Intrafamily adoption preserves family ties by allowing children raised by extended family members, such as grandparents, aunts, and uncles, to maintain a legal connection to their biological family and establish a secure foundation with their caregivers.
Also read: Blended Family in Australia: Legal Considerations to Know
Applying for an intrafamily adoption
Considering formalising your family bond? Intrafamily adoption allows a child to be legally adopted by a stepparent or close relative, providing stability and legal protections. Let’s explore who can benefit from this process:
Who can be adopted?
Children under 18 who are already living in a family-like setting with a stepparent or close relative can be adopted through intrafamily adoption. This can include:
- Children being raised by a stepparent
- Grandchildren live with their grandparents.
- Children under the care of aunts, uncles, or even siblings meet specific criteria.
Also read: Surrogacy Laws Australia
Who can adopt?
As previously mentioned, intrafamily adoption enables someone who already plays a significant role in the child’s life to legally adopt them. Here’s who can take on the adoptive parent role:
- Step-parents: This is the most common scenario for intrafamily adoption.
- Grandparents: If they are the child’s primary caregivers.
- Aunts, uncles, and siblings (meeting specific criteria): There may be a requirement for a demonstrably close and established relationship, often for a minimum duration.
Step-by-step process for intrafamily adoption
Intrafamily adoption offers a path to solidify your existing family bond and provide legal security for the child. Here’s a breakdown of the general steps involved in this process:
- Initial Consultation: Discuss your situation with a family lawyer. They can advise on eligibility, legal requirements, and the specific steps for your state or territory.
- Gather Information: Collect necessary documents like birth certificates, proof of residence, and relationship documentation (e.g., marriage certificates for stepparents).
- Obtain Consent: Depending on the child’s age and circumstances, consent may be required from biological parents, those with parental responsibility, and potentially the child themselves (if over 12).
- Prepare the Application: Work with your lawyer to complete the application for adoption with your state’s Supreme Court. This may involve additional forms and reports.
- Contracted Adoption Assessor Report: An approved assessor will evaluate your suitability as adoptive parents, your relationship with the child, and the child’s best interests.
- Court Hearing: The court will review the application, reports, and any objections. The judge will determine if the adoption is in the child’s best interests.
- Adoption Order: If successful, the court will grant an adoption order, finalising the legal adoption process.
Also read: Affordable Family Lawyers: How to Find the Right One
Intrafamily adoption can help you strengthen your family bond.
Considering formalising your family unit and providing legal security for your child? In Australia, Justice Family Lawyers can assist you in navigating the intrafamily adoption process. Contact us today for a consultation. Let’s discuss how we can help you secure your future as a family.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
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