About Adult Adoptions
We can help you get your children returned.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our Process
- The Law
- Helpful Information
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
The Law
The Court may make an adoption order in relation to a person who is 18 or more years of age if it is satisfied that:
- the prospective adoptee and each prospective adoptive parent:
- have received the information and, if requested, the counselling mentioned in clause 1 of Schedule 1 on the matters relevant to those parties; and
- consent to the proposed adoption; and
- the welfare and interest of the prospective adoptee will be promoted by the proposed adoption; and
- if a prospective adoptive parent is a relative of the prospective adoptee, there are good reasons to redefine the relationships within the prospective adoptee’s family in the way that the order would do; and
- notices required by subsection (4) have been given or the application is in accordance with an order under subsection (6).
- The Court may request from the CEO a written report in relation to the proposed adoption.
- On receipt of a request under subsection (2), the CEO is to appoint a person who the CEO thinks is suitably qualified, to prepare the report.
- A person is not to file an application for an adoption order in relation to an adult unless at least 30 days before the application is filed, the person gives notice of the intention to file the application to each of the prospective adoptee’s birth parents in a written notice delivered personally or by registered post to the respective birth parent’s last known address.
- A person intending to file an application for an adoption order in relation to an adult may apply to the Court for orders in relation to a requirement to give notice under subsection (4).
- On an application under subsection (5) the Court may, on such terms and conditions as it thinks fit:
- vary the time for giving the notice; or
- dispense wholly or partly with a requirement to give the notice.
Plain English
The Family Court of Western Australia may make an adoption order in relation to a person who is 18 or more years of age if it is satisfied that:
- the prospective adoptee and prospective adoptive parents received counselling specified by the legislation and consent to the proposed adoption;
- the welfare and interest of the prospective adoptee will be promoted by the proposed adoption; and
- written notice of the intention to file the application is given to each of the prospective adoptee’s birth parents.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
What is required?
The person seeking to adopt must file an affidavit to the Family Court which included details concerning:
- Their claim of domicile or residence
- That the adoptee is present in WA
- Evidence that the applicants were carers or step parents of the adoptee prior to the adoptee attaining the age of 18yrs
- Evidence that at least 30 days prior, notice has been given to the birth parent(s) of this application, or a prior order has been made to dispense with this notice
- Evidence that the welfare and interest of the adoptee would be promoted by the adoption
Why adopt an adult?
The most common reason to adopt an adult is for inheritance purposes. In this case, adult adoption allows someone to leave property or financial assets to the adopted individual more easily.
The second reason is to formalise an existing relationship. Adult adoption is a popular option for biological parents as well as for children who find their birth family and wish to be formally acknowledged or fathers who find children they didn't know they had.
Finally, adult adoptions often occur to provide perpetual care for an adult who has a diminished capacity or disability. Such adult adoptions can assume responsibility for a mentally retarded or challenged individual or someone who is physically disabled. Through the adoption process, one adult can become the responsible party and decision maker for another adult's care.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure the recovery order is completed properly..
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
The Law
The Law
The Court may make an adoption order in relation to a person who is 18 or more years of age if it is satisfied that:
- the prospective adoptee and each prospective adoptive parent:
- have received the information and, if requested, the counselling mentioned in clause 1 of Schedule 1 on the matters relevant to those parties; and
- consent to the proposed adoption; and
- the welfare and interest of the prospective adoptee will be promoted by the proposed adoption; and
- if a prospective adoptive parent is a relative of the prospective adoptee, there are good reasons to redefine the relationships within the prospective adoptee’s family in the way that the order would do; and
- notices required by subsection (4) have been given or the application is in accordance with an order under subsection (6).
- The Court may request from the CEO a written report in relation to the proposed adoption.
- On receipt of a request under subsection (2), the CEO is to appoint a person who the CEO thinks is suitably qualified, to prepare the report.
- A person is not to file an application for an adoption order in relation to an adult unless at least 30 days before the application is filed, the person gives notice of the intention to file the application to each of the prospective adoptee’s birth parents in a written notice delivered personally or by registered post to the respective birth parent’s last known address.
- A person intending to file an application for an adoption order in relation to an adult may apply to the Court for orders in relation to a requirement to give notice under subsection (4).
- On an application under subsection (5) the Court may, on such terms and conditions as it thinks fit:
- vary the time for giving the notice; or
- dispense wholly or partly with a requirement to give the notice.
Plain English
The Family Court of Western Australia may make an adoption order in relation to a person who is 18 or more years of age if it is satisfied that:
- the prospective adoptee and prospective adoptive parents received counselling specified by the legislation and consent to the proposed adoption;
- the welfare and interest of the prospective adoptee will be promoted by the proposed adoption; and
- written notice of the intention to file the application is given to each of the prospective adoptee’s birth parents.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
What is required?
The person seeking to adopt must file an affidavit to the Family Court which included details concerning:
- Their claim of domicile or residence
- That the adoptee is present in WA
- Evidence that the applicants were carers or step parents of the adoptee prior to the adoptee attaining the age of 18yrs
- Evidence that at least 30 days prior, notice has been given to the birth parent(s) of this application, or a prior order has been made to dispense with this notice
- Evidence that the welfare and interest of the adoptee would be promoted by the adoption
Why adopt an adult?
The most common reason to adopt an adult is for inheritance purposes. In this case, adult adoption allows someone to leave property or financial assets to the adopted individual more easily.
The second reason is to formalise an existing relationship. Adult adoption is a popular option for biological parents as well as for children who find their birth family and wish to be formally acknowledged or fathers who find children they didn't know they had.
Finally, adult adoptions often occur to provide perpetual care for an adult who has a diminished capacity or disability. Such adult adoptions can assume responsibility for a mentally retarded or challenged individual or someone who is physically disabled. Through the adoption process, one adult can become the responsible party and decision maker for another adult's care.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
