Step-parent adoption workflow
Step-parent adoption is one of the narrowest pathways in Australian family law. It requires leave from the FCFCOA under s 60G of the Family Law Act 1975 (Cth), plus an application under the relevant state Adoption Act (for example Adoption Act 2000 (NSW), Adoption Act 1984 (Vic)). Parenting orders are almost always a better fit; adoption is reserved for the minority of cases where the legal cut with a birth parent is justified.
This is an 8-step workflow for a step-parent adoption in Australia. It runs from FCFCOA s 60G leave through state Adoption Act application, consents, Secretary's report, and final adoption order.
Before you start
- Child has lived with the step-parent and birth parent for the required period under the state Act
- Consents of birth parent(s) with parental responsibility or evidence supporting dispensation
- Signed costs agreement and written advice that parenting orders may be more appropriate
- Identification of the correct state Adoption Act for the child's place of residence
The workflow
Advise on alternatives before adoption
Give written advice comparing step-parent adoption with parenting orders, long-term guardianship, and name change. Document the client's informed decision to proceed with adoption.
File s 60G application for leave in the FCFCOA
File an application in the FCFCOA for leave to commence adoption proceedings in the state court, supported by an affidavit on best interests and why adoption is preferable to parenting orders.
Lodge expression of interest with the state agency
Lodge an expression of interest with the state adoption authority (for example NSW DCJ, Victorian Department of Families, Fairness and Housing) and complete the step-parent adoption intake forms.
Participate in the Secretary's assessment
Attend interviews, provide National Police and Working with Children checks, complete referee reports, and participate in the home assessment. Respond to any draft report.
Obtain or dispense with birth parent consents
Obtain written consent from any birth parent who has parental responsibility, or prepare a dispensation application on the ground available under the state Act (for example lost contact, incapacity).
File the state adoption application
File the application in the Supreme Court of the relevant state under the Adoption Act, attaching the FCFCOA s 60G leave order, the Secretary's report, consents or dispensation application, and the child's views where appropriate.
Attend the adoption hearing
Attend the hearing in the state Supreme Court. Address the child's wishes (where age-appropriate), best interests, and any outstanding consent or dispensation issue.
Register the adoption order
On making of the adoption order, register it with the state Registry of Births, Deaths and Marriages to obtain the new birth certificate recording the step-parent as legal parent.
What you will have at the end
A sealed adoption order from the state Supreme Court and a new birth certificate recording the step-parent as a legal parent of the child with full parental responsibility.
Common issues
- Matter would have been better run as parenting orders — not adoption
- Consent of a non-contacting birth parent cannot be obtained or dispensed
- Cohabitation period under the state Act not yet satisfied
- Child's views (where required by age) not adequately captured
- FCFCOA s 60G leave refused because adoption is not in the child's best interests
Run this workflow on a real matter
Quillio drafts the s 60G leave application and affidavit, populates the state agency forms, and produces the advice letter comparing adoption with parenting orders. See /practice-areas/family-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. State Adoption Acts differ materially; confirm the Act and procedure in the child's state of residence before filing.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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