ADOPTION

What if I want to Adopt a Child From Within Australia?

The Australian adoption process is easier than that of the Intercountry adoption process because you only need to be eligible for one set of criteria instead of two. Adoption within Australia usually stems from a birth parent/s giving up their right to their child or having their child taken from them by the department of human services. I will touch more on that in the below section.

Adoption can arise from any number of scenarios and can be subject to a range of different arrangements. Usually, if you are adopting a child whom you do not already know or have a familial relationship with, then the birth parents and the adoptive parents will remain entirely separate and the birth parents will not have a relationship with the child. In the event that the adoptive parents are relatives or friends of the birth parents, then the parents may remain involved in the child’s life in some capacity. It all comes down to individual circumstances. The paramount consideration is that the child is placed in a loving and supportive home and that they understand that their “new family” is permanent. Permanency is critical so that children feel settled in their homes. 

What is Intra Family Adoption? 

Intra-family adoption refers to the process of adoption within a family (i.e. a grandparent adopting a grandchild). This is a more common practice than most people think and it helps keep a child involved and engaged within its primary family regardless of whether the child’s birth parents are capable of looking after them. The adoptive family may actually be the birth parent’s family and the adopted person may be related to the family.

In some circumstances, a stepparent may be adopting the child in place of the child’s birth parent. In these situations, the adoption is more symbolic than transitional because the family already exists and is merely being formalised. The adopted child in this scenario probably already feels like the stepparent’s child. 

Are there post Adoption Support Services Available to Me?

Post Adoption Services are available to all adoptive parents to help make the transition as smooth as possible for both the parents and the child. Community services exist to help engage children in their new home, school, and community environments as often children are moved away from their original environments. This is a large adjustment for both the child and the parents as they are learning to operate as a family unit.

The department of health can offer health services and health care such as counselling, GP’s, and health nurses to assist children who need mental health or physical health assistance during the transition. Children with special needs may require occupational therapy, speech therapy, or other services to assist with their continued development and growth. Many children or young people in these situations may have never had these services available to them before.

If you have adopted a child who is either Aboriginal and Torres Strait Islander or from additional cultures, then there are community and support services in place to help keep children connected to their heritage. It is essential that children remain connected to their cultures and identities as they grow. Service providers in this area will be able to children engage with their culture and participate in learning workshops and clubs to help them feel connected. This releases some of the pressure from the adoptive parents who may not share the same culture and who may be uneducated in this area. 

In the event you have adopted a child as a result of a child safety services investigation or intervention (child protection), then the department of human services will offer you support and services to assist the transition from foster care to permanent care. 

How Can An Adoption Order Be Either Revoked or Dismissed?

Once an adoption order is physically implemented, it is very difficult to have the order revoked or dismissed except for in “special circumstances”. There is a very narrow window of time after an adoption order is made where the order can be revoked by way of appeal, however, once this period has passed, the order is settled and binding. 

In limited circumstances, an adoption order can be revoked or dismissed when the adopted child becomes an adult because they themselves have had a relationship breakdown with the parents and wish for the order to be dismissed. This is a difficult argument to make in court because legally, a parent holds greater responsibilities than just a good relationship with the adopted person however, each individual circumstance is different. 

More commonly, adoption orders are revoked when the care services of the family are revoked by child protection.  If child protection services become involved in the situation then they can take over legal guardianship of the child and if the situation warranted it, they could revoke the adoptive parent’s rights to the child. 

It is very difficult for parents to regain their rights to their children after that child has been adopted. In many instances, you will see grandparents adopting grandchildren and years later having their birth parents want to regain their rights. At the time of adoption, birth parents are made aware of what they will be giving up if they sign the adoption paperwork and are offered counselling for their emotional and mental health. The only way a birth parent can normally revoke an adoption order is by proving that they were either threatened, coerced, or bullied into signing the adoption paperwork in the first place. 

Does the Adoption Order Replace The Child’s Birth Certificate?

Yes. An adoption order replaces a child’s birth certificate in this instance. A child’s birth parents will always remain their birth parents, merely what is changing is that they are no longer the legal guardians of the child and they have no say in how the child is raised or any decisions which are made about the child’s health and well being. They can however still offer family support to the child if they are in a position to do so. This is more common within intra-family adoptions.