STEPFAMILY ASSOCIATION

Adoption is a serious and final legal step. It is not usual to formally adopt step children or relatives. This is because parenting orders can usually be made to meet a child's needs without adoption.

A child’s step-parent, that is the married or de facto spouse of a parent of the child, will be able to apply to adopt the child if:

• the person is an adult who is resident in Queensland and is an Australian citizen (or the spouse of a Australian citizen)
• the person lives with the child and spouse and has done so for at least three years
• the person has been granted leave by the Family Court under the Family Law Act 1975 (Commonwealth) to commence adoption proceedings
• the child is at least five years old and not more than 17 years old (an application may be accepted in relation to a child who has turned 17 but is not yet 18 in some circumstances).

An application relating to a child who has turned 17 years of age may be accepted if Adoption Services Queensland decides:

• there is enough time to complete the adoption process before the child turns 18
• the grounds for making an adoption order are likely to exist.

Under the Adoption Act 2009 (Qld), a person can no longer apply to adopt a child who is related to the person (other than a person applying to adopt a step-child).

If adoption by a relative is the best option for securing a child’s long-term care, the department can ask a relative to consider being assessed as a prospective adoptive parent for the child. However, the relative cannot initiate the process.

Source: Legal Aid Queensland