Adoption in the ACT is governed by the Adoption Act 1993. This deals with the adoption of children and young people. The adoption of a person who is 18 years old or older is permitted in the Australian Capital Territory under section 10 of the Act. There are certain requirements to be met prior to the adoption taking place. These are:
1. That the adoptor/s have been in a care-giving relationship with the person; and
2. The person has received physical, emotional, intellectual and educational support from the adoptor/s; and
3. The person, or at least 1 adoptor, is ordinarily resident in the ACT.
The Court will not make an adoption order for a person 18 years old or older unless the person consents to the adoption by the adoptor and the court is satisfied that the adoptor is of “good reputation”.
Further considerations for the adoption of an adult over the age of 18 include:
4. Consent by an adoptor for the adoption order is not required;
5. Consent must be signed and attested to under the appropriate form and prescribed regulations;
6. The court may refuse to make an adoption order if it appears that any required consent was:
a. Not given in accordance with the Act;
b. Obtained by fraud, duress or other improper means;
c. The form whereby consent was signed was altered without the authority of the person who gave the consent;
d. When signing, the person who gave the consent was not in a fit condition to give the consent or did not understand the nature of the consent;
7. An adoption order must not be made unless the applicant has, not later than 28 days before the return date for the application, been served written notice of the application and its return date on:
a. Anyone whose consent to the adoption is required but whose consent has not been given.
8. The court has the authority to remove the requirement to serve an application;
9. The court has the authority to direct the adoptor to serve the application on anyone it deems necessary;
10. The court may permit anyone it thinks fit to be joined as a party to a proceeding for the purpose of opposing the adoption application or opposing an application to remove a requirement for consent on a person;
11. On application, the court may discharge an adoption order if the court considers that:
a. The adoption order or any consent to the adoption was obtained by fraud, duress or other improper means; or
b. Other circumstances that justify the discharging order;
c. Discharging orders must be served by written notice to the adopted person (if over 12 years), each adoptive parent and each person whose consent to the adoption was required.
If you or someone you know is considering adoption, it is important to seek support and advice from those best qualified to help you. Robinson + McGuinness is available to assist you with your family law matters, including adoption matters.
If you would like advice in relation to your matter, contact our office on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online.