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Stepparent Adoption Print E-mail
The following is an extract from a letter from the Family Law Council to the Attorney General in Canberra.

Standing Committee of Attorneys-General

The question of step-parent adoptions was raised by the Northern Territory in the Standing Committee of Attorneys-General in March 1997. The NT Attorney-General was of the view that section 60G of the Family Law Act should be repealed. However, following the Commonwealth's explanation of the policy behind section 60G the Northern Territory did not proceed further with the matter. At officer level a number of jurisdictions, notably NSW, Victoria and Tasmania, expressed support for the policy reflected in the Family Law Act.

The basis of the current policy in relation to step-parent adoptions

There is a considerable body of opinion that step-parent adoptions should be discouraged because of the effects on the child of severing pre-existing family relationships. For example, the National Minimum Principles in Adoption have, since 1993, provided:

11.2 Adoption is not considered to be in the best interests of, or appropriate for children in step-families or living with relatives unless it can be clearly demonstrated that a guardianship order would not serve their needs.

In South Australia, Victoria, ACT, Queensland and Tasmania the concerns associated with step-parent adoptions have led to changes in legislation so as to require step-parents to seek parental responsibility through parenting orders, unless adoption can be shown to be more appropriate and in the best interests of the child. Council understands that similar legislation is proposed in NSW and WA.

Standing Committee of Attorneys-General

The question of step-parent adoptions was raised by the Northern Territory in the Standing Committee of Attorneys-General in March 1997. The NT Attorney-General was of the view that section 60G of the Family Law Act should be repealed. However, following the Commonwealth's explanation of the policy behind section 60G the Northern Territory did not proceed further with the matter. At officer level a number of jurisdictions, notably NSW, Victoria and Tasmania, expressed support for the policy reflected in the Family Law Act.

The basis of the current policy in relation to step-parent adoptions

There is a considerable body of opinion that step-parent adoptions should be discouraged because of the effects on the child of severing pre-existing family relationships. For example, the National Minimum Principles in Adoption have, since 1993, provided:

11.2 Adoption is not considered to be in the best interests of, or appropriate for children in step-families or living with relatives unless it can be clearly demonstrated that a guardianship order would not serve their needs.

In South Australia, Victoria, ACT, Queensland and Tasmania the concerns associated with step-parent adoptions have led to changes in legislation so as to require step-parents to seek parental responsibility through parenting orders, unless adoption can be shown to be more appropriate and in the best interests of the child. Council understands that similar legislation is proposed in NSW and WA.

The Adoption and Family Information Service do have a booklet available for stepparents making enquires abou the adoption of step-child.

PO Box 39, Rundle Mall, Adelaide, SA 5000
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0 #1 Administrator 2011-03-28 15:23
Please have a look at the adoption section of the Stepfamily Directory
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