ADOPTION

All adoptions other than those by a relative or spouse must be arranged through an adoption agency. It is an offence to place a child with non-relatives with a view to adoption unless the person making the arrangement has been authorised in writing for the purpose by the Department of Human Services (DHS) or an approved private adoption agency.

Although comparatively few Victorian children are available for adoption, applications are sought from applicants who are able to respond to the demands of contemporary adoption, including ongoing access and the often-complex backgrounds of birth parents.

In adoptions by relatives or a step-parent the court cannot grant an adoption order unless it can be shown that adoption is the best option. This means showing that there are exceptional circumstances and the welfare of the child can't be provided through guardianship or custody arrangements.

Anyone considering placing a child for adoption by someone other than relatives should make arrangements to see a social worker at an approved adoption agency or Adoption Services of DHS.

Opportunity is given to discuss all options, including arrangements other than adoption. If a person finally decides on adoption, the agency will make arrangements for consent to be given and for any care of the child needed before placement with an adoptive family. This is done using a Care Child Agreement.

While the agreement continues, the parent can resume the custody of the child by withdrawing from the agreement. Withdrawing from the agreement does not cancel consent to adoption. The agreement ends either when the parent withdraws from the agreement or when all the consents needed have been given or dispensed with by the court.

In most situations, a child cannot be adopted unless consent has been given by all parents whose consent is required. However, if the welfare and interests of the child are at stake, a court may make an order dispensing with the requirement for a parent to give consent. Single parents, no matter what their age, have the same rights as any parent and may keep their child.

Note: Any other legal guardian of the child is not eligible to give consent to adoption. Except where adoption is by a relative or step-parent, consents cannot specify the prospective adoptive parents.

A number of requirements must be met before consent to adoption can be given:

The parent of an Aboriginal child may sign an adoption consent that includes a condition that the child must be placed within the Aboriginal community or with a family approved by an Aboriginal agency. The consent can also specify conditions for access by the parent, relatives of the child, and members of the Aboriginal community.

Normally an adoption order is made in favour of a couple. However, in special circumstances an order may be made in favour of one person.

In the case of an adoption order being made in favour of a couple, that couple must have been married or living in a de facto relationship with each other or have been in a relationship that has been recognised as a traditional marriage by an Aboriginal community for not less than two years before the date on which the order is made.

Adults who have been adopted may apply to an adoption information service to obtain their original birth certificate and/or information, where available, about the circumstances of their adoption. VANISH (see below) provides advice on searching and making contact, particularly for people undertaking their own search.

Adoptive parents, adopted people under 18, birth parents who have placed their children for adoption and relatives may also apply for information. Identifying or current information can only be given with the written consent of the relevant parties.

People wishing to discuss placing a child for adoption may approach the adoption agency closest to their home. A list of authorised agencies under the Adoption Act can be found here:

http://www.cyf.vic.gov.au

For more information on this subject refer to The Law Handbook chapter 5.5