About Step Parent Adoptions
Speak to us today to get the adoption process started.
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
- A relative or a carer of a child may apply to the CEO for the approval of the placement of the child with the person with a view to the person adopting the child.
- An application under subsection (1) may be made by one person, or by 2 persons jointly.
- An application under subsection (1) is to be in a form that is approved by the CEO.
- On an application under subsection (1) the CEO may approve the placement of the child if the CEO is satisfied that each applicant
- is an Australian citizen or a permanent resident; and
- is 18 or more years of age; and
- is of good repute; and
- is able to provide care for the child in a way that
- ensures the safety and well being of the child; and
- recognises the wishes and views of the child in a manner that is consistent with the age and understanding of the child.
Plain English
Adoption is a legal process where a child who is unable to live with their birth parents becomes part of another family. The key principles that are required to be taken into account when considering adoption include:
- The welfare and best interests of a child who is an adoptee or a prospective adoptee;
- That adoption is a service for a child who is an adoptee or a prospective adoptee; and
- The adoption of a child should occur only in circumstances where there is no other appropriate alternative for the child.
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 a step parent adoption?
A step-parent adoption is the adoption of a child by a person married to or living in a long term de facto relationship of at least three years with the birth parent with whom the child lives. In a step-parent adoption, an Adoption Order has the following effects.
For the birth parent the child lives with:
- It maintains this birth parent’s legal powers, parental duty and responsibility for the child. This birth parent continues to be a legal parent.
For the other birth parent (the relinquishing birth parent):
- It deprives that parent of his/her legal powers, parental duty and responsibility for the child. That birth parent will no longer be a legal parent.
- It also severs the legal relationship that existed before the adoption between the child and that birth parent and his or her extended family.
For the step-parent:
- It establishes a legal relationship between the child and the step-parent as that of child and parent. The step-parent becomes the child’s legal parent.
For the child:
- It removes the legal relationship that existed with the relinquishing birth parent and his or her extended family and removes previous inheritance rights
- It provides for a new legal relationship with the step-parent and the step-parent’s extended family and establishes new inheritance rights.
- May change child’s last name. The child’s first name is an important symbol of their past and therefore is a very significant part of their identity.
Who can adopt?
The following people can apply to adopt:
- Single people can apply to adopt Australian-born children and children born overseas; however, not many other countries accept single applicants.
- Same sex couples can apply to adopt and have their suitability assessed. Adoption of a local child is possible if the relinquishing parent/s choose the same sex couple to be the new parent for their child. Currently, no overseas countries accept applications from same sex couples.
- People with children: If you already have children, you can still apply to adopt.
Eligibility
The criteria to apply to adopt a child in Western Australia:
- Applicant must be over 18 years.
- If in a marriage or de facto relationship, the relationship must have existed for at least 3 years.
- If applying as a couple at least one person must be an Australian citizen and the other a citizen of a country that gives similar rights to adopted persons.
- Applicant must be a resident and domiciled in Western Australia.
During assessment other criteria are also considered such as:
- Your ability to be physically and mentally able to care for a child until the child turns 18.
- Your willingness to support the child's connection with their birth parents and culture where this is possible and appropriate.
- Your relationship must be stable.
- Your ability to provide a suitable family environment.
- You have not been found guilty of certain offences.
- You are of good repute.
Alternatives to adoption
Change of Name
This can be done by applying to the Registry of Births, Deaths and Marriages to change the child’s name by licence. Usually the consent of the non-custodial parent is required.
Provisions in a Will
The step-parent may choose to make provisions for the child regarding inheritance matters under the terms of his/her will. Similarly, custodial birth parents are often concerned that in the event of his/her death the child would no longer be able to live with the step-parent and any siblings from that marriage.
Parenting Order
A parenting order is made by the Family Court. It can make specific arrangements for certain aspects of a child’s life; so long as the arrangements being sought are in the child’s best interests.
Consent Orders
When all parties agree on matters of parental responsibility the court encourages them to apply for Consent Orders. Consent Orders are a type of parenting order but they are made by agreement between the parties and the Court, without the parties having to appear in court.
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
- A relative or a carer of a child may apply to the CEO for the approval of the placement of the child with the person with a view to the person adopting the child.
- An application under subsection (1) may be made by one person, or by 2 persons jointly.
- An application under subsection (1) is to be in a form that is approved by the CEO.
- On an application under subsection (1) the CEO may approve the placement of the child if the CEO is satisfied that each applicant
- is an Australian citizen or a permanent resident; and
- is 18 or more years of age; and
- is of good repute; and
- is able to provide care for the child in a way that
- ensures the safety and well being of the child; and
- recognises the wishes and views of the child in a manner that is consistent with the age and understanding of the child.
Plain English
Adoption is a legal process where a child who is unable to live with their birth parents becomes part of another family. The key principles that are required to be taken into account when considering adoption include:
- The welfare and best interests of a child who is an adoptee or a prospective adoptee;
- That adoption is a service for a child who is an adoptee or a prospective adoptee; and
- The adoption of a child should occur only in circumstances where there is no other appropriate alternative for the child.
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 a step parent adoption?
A step-parent adoption is the adoption of a child by a person married to or living in a long term de facto relationship of at least three years with the birth parent with whom the child lives. In a step-parent adoption, an Adoption Order has the following effects.
For the birth parent the child lives with:
- It maintains this birth parent’s legal powers, parental duty and responsibility for the child. This birth parent continues to be a legal parent.
For the other birth parent (the relinquishing birth parent):
- It deprives that parent of his/her legal powers, parental duty and responsibility for the child. That birth parent will no longer be a legal parent.
- It also severs the legal relationship that existed before the adoption between the child and that birth parent and his or her extended family.
For the step-parent:
- It establishes a legal relationship between the child and the step-parent as that of child and parent. The step-parent becomes the child’s legal parent.
For the child:
- It removes the legal relationship that existed with the relinquishing birth parent and his or her extended family and removes previous inheritance rights
- It provides for a new legal relationship with the step-parent and the step-parent’s extended family and establishes new inheritance rights.
- May change child’s last name. The child’s first name is an important symbol of their past and therefore is a very significant part of their identity.
Who can adopt?
The following people can apply to adopt:
- Single people can apply to adopt Australian-born children and children born overseas; however, not many other countries accept single applicants.
- Same sex couples can apply to adopt and have their suitability assessed. Adoption of a local child is possible if the relinquishing parent/s choose the same sex couple to be the new parent for their child. Currently, no overseas countries accept applications from same sex couples.
- People with children: If you already have children, you can still apply to adopt.
Eligibility
The criteria to apply to adopt a child in Western Australia:
- Applicant must be over 18 years.
- If in a marriage or de facto relationship, the relationship must have existed for at least 3 years.
- If applying as a couple at least one person must be an Australian citizen and the other a citizen of a country that gives similar rights to adopted persons.
- Applicant must be a resident and domiciled in Western Australia.
During assessment other criteria are also considered such as:
- Your ability to be physically and mentally able to care for a child until the child turns 18.
- Your willingness to support the child's connection with their birth parents and culture where this is possible and appropriate.
- Your relationship must be stable.
- Your ability to provide a suitable family environment.
- You have not been found guilty of certain offences.
- You are of good repute.
Alternatives to adoption
Change of Name
This can be done by applying to the Registry of Births, Deaths and Marriages to change the child’s name by licence. Usually the consent of the non-custodial parent is required.
Provisions in a Will
The step-parent may choose to make provisions for the child regarding inheritance matters under the terms of his/her will. Similarly, custodial birth parents are often concerned that in the event of his/her death the child would no longer be able to live with the step-parent and any siblings from that marriage.
Parenting Order
A parenting order is made by the Family Court. It can make specific arrangements for certain aspects of a child’s life; so long as the arrangements being sought are in the child’s best interests.
Consent Orders
When all parties agree on matters of parental responsibility the court encourages them to apply for Consent Orders. Consent Orders are a type of parenting order but they are made by agreement between the parties and the Court, without the parties having to appear in court.
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
