Adoption and Being a Stepparent in Queensland

adoption Queensland
22 Oct

Adoption and Being a Stepparent in Queensland

The adoption process in Queensland is managed by the government organisation Adoption Services Queensland

adoption QueenslandA child’s Stepparent (being either married or in a de facto relationship with the parent of the child) can make an application to adopt the child if they can satisfy the below criteria:

  • The Stepparent is an adult.
  • The Stepparent is an Australian Citizen or the spouse of an Australian Citizen.
  • The Stepparent is ordinarily resident and living in Queensland. 
  • The Stepparent has lived with the child and their spouse for at least 3 years.
  • The Stepparent has been given permission by the Family Court to start adoption proceedings.
  • The child is at least 5 years old but not older than 17 years old.

Both biological parents of the child must voluntarily consent to the adoption before the Children’s Court can make the adoption order. If the biological Father’s identity is not known, Adoption Services Queensland must try to establish the Father’s identity and locate the Father to give him notice of the proposed adoption and information relating to the same. 

There are some circumstances where the Children’s Court can dispense with the need for both biological parents to consent to the child’s adoption. This commonly includes where a parent unreasonably or unnecessarily withholds their consent or the parent does not have the capacity to consent to the adoption. 

If the child is aged 17, a separate process is involved provided the adoption can be completed before the child turns 18 years of age. 

For more information about the process of Adoption QLD, contact the team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.

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