Edwards Family Lawyers
Adoption Process in Sydney, Australia
Adoption is a legal process in which children raised by their parents will be provided security and become permanent legal members of a new family. It transfers all the legal rights to the adoptive parents. Although they stop the legal relationship, this would not be a hindrance for the biological parents to continue connections with their children. The laws of adoption differ depending on which city or on what type of adoption one needs.
What Does the Law Say about Adoption?
In Sydney, the Supreme Court orders the adoption process. As amended by the Adoption Act of 2000, it states the objective that adoption should be taken under the law. According to the act, a child must be given the right to identity and cultural ties. This includes a child’s given name, birth documents, language, and any child needs that will be beneficial for the future.
The adoption order can be asked for by either an individual or a couple. All states in Australia allow same-sex couples to adopt children.
The criteria for adoption depend on each state. In New South Wales, the minimum age of an applicant must be over 21 years old and must be 18 years older than the adopted child. The single person or the couple must be a resident of the state and is fit for the responsibilities to take care of a child.
Types of Adoption
In Australia, adoption is not so common mostly due to the stigma attached to the different cultures. The economic status that makes a certain state reduces the number of adoption applications. This is also because of the legislative factors that affect the number of children seeking to be adopted, like the increase in support for single parents and improved reproductive health laws.
Known Child Adoption: This type of adoption is usually by relatives, guardians, or step-parents. The child who permanently lives in the state already has a pre-existing relationship with the future adoptive parent. This is the most common type of adoption in Australia. The children adopted tend to be older than those fostered through local adoption.
Local Adoption: This pertains to fostering a child who is also a permanent resident of the state, and generally does not have a connection to the foster parents. Children adopted through local adoption are found to be much younger than those adop ted through intra family or intercountry.
Intercountry Adoption: This is a process of fostering children overseas and may also be through a country’s adoption program. Children adopted also commonly do not have any relation to their adoptive parents. An individual or a couple undergoes an application for approval to an overseas country. If permitted, placement proposals are made and foster parents must formally adopt their child from the nominated country. Fewer children need intercountry adoption because of the changes in social or domestic factors. Also, the process can take a longer time. Some countries choose to foster children in their own countries for easier legal procedures.
Special Care Adoption: The needs of the children vary and adoption requirements for the parents must match these needs. For children with special needs, applicants should be able to provide for the children's physical, psychological, and mental needs, ensuring their stability as they grow older. In Sydney, the number of adoptions of children who need special care is less compared to the other types of adoption. Special children are mostly in residential care.
The Legal Processes
Several steps must be taken for the legal adoption process. In local adoption, service providers apply to the Supreme Court. Whereas for intercountry adoption, they must apply themselves or hire a personal or family lawyer.
Here are the steps in applying for adoption:
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Interest - The first step is knowing what type of adoption is appropriate to your needs. This will let you know what requirements are needed along the process. If you have already considered adoption, you will be required to fill out a form for the expression of interest and the jurisdiction will assess whether the criteria are met.
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Preparation for Seminars - To prepare you for the adoption process, either for both local and intercountry, the requirement to attend training and seminars is necessary to equip you with the right knowledge regarding the assessment process and some important discussions about child adoption. In Sydney, the seminars usually take three (3) days.
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Formal Application - After the seminars, you will be required to fill in some information about yourself or your family. This will then be reviewed following the needs of the child and you will be given an invitation to formal application.
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Initial Screening - Your documents will be reviewed to find out if you are suitable to adopt a child.
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Assessment - An assessor is tasked to thoroughly assess your application after the initial screening. By the Adoption Act of 2000, this process usually takes a minimum of three (3) months to be finished.
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The Decision of Adoption - This is the final decision regarding your suitability for child adoption. Whether your application is approved or not after the screening and assessment, you and your personal or family lawyer will be informed. This decision is reviewable as per the Adoption Act of 2000. An interview will be done to provide you with information about the child before the placement. An updated assessment report will be ruled out if there is a change in the circumstances.
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Placement Process - The choice is given to you concerning when you want the child to be introduced. Once the child has stayed with you, post-adoptive measures will be given to provide support during the adjustment period.
How Long Does the Process Take and How Much is the Cost?
Local adoptions take six (9) to nine (9) months to finalize the process which is significantly shorter when dealing with intercountry ones. Intercountry adoption usually takes years to come off to the placement process. Applications are slowed down because of the complex arrangements among countries.
For known-child adoption, there is no cost involved. The legal fees for local adoptions cost more than $3000. Intercountry adoption is the most expensive because funding is needed along every process. It is roughly about $3000 to $12000 for every application excluding the fees to the other country.
Paying the application fees does not guarantee the success of the adoption. The best interest of the child is still the top priority whether or not you have met the suitability requirements. You and your personal or family lawyer should adhere to any changes in circumstances.