If you are looking to adopt, you are required to be ordinarily resident in the ACT. You must also be on the register of suitable people. To be on the register, you must make an application in writing to the Director-General for approval to be registered as suitable for the placement of a child or young person for adoption.
If you are a couple, you need to have lived together in a domestic partnership for at least 3 years. If you are single or a step-parent, you can apply for an order to be made in your favour.
Consents to Adoptions
If you are wishing to adopt a child or young person, and they have not been previously adopted, you will be required to obtain the consent of each parent or guardian of the child or young person. If the child or young person has previously been adopted, you will need the consent of each adoptive parent or guardian. It is possible, however, to seek the requirement for consent to be removed.
Placement of a child or young person before adoption
During the adoption process, the child or young person will be placed in the care of a person with the Director-General as guardian, or to a person on the register of suitable people (intending to apply for an adoption order for the child).
The Director-General must if practical, provide the child or young person with information about the proposed placement. The child or young person will be allowed the opportunity to freely express their views about the proposed placement, be provided assistance in understanding the information and have counselling if required.
Guardianship before adoption
Prior to adoption, the Director-General is considered the guardian of a child or young person for all purposes except:
If each person required to consent to the adoption has consented or if consent has been dispensed with; or
If the application for adoption was made by a step-parent and the other parent of the child or young person has a continuing role as a parent; or
The principal officer of a private adoption agency is the guardian where consent has been provided by the required persons and they have told the Director-General in writing that they are willing to assume the guardianship.
If you or someone you know is considering adoption, it is important to seek specialist advice from those best qualified to assist you. Robinson + McGuinness is available to provide you with advice about your family law matter, including adoption matters.
Contact our office at (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online to make an appointment with one of our experienced family lawyers.