Alternatives to adoption
Most step-families now formalise family relationships without adoption. Custodial and non-custodial birth parents reach agreement about the ongoing care of their children, including issues associated with the role of the step-parent in the child's care, without adoption.
There is now wide acceptance of various family formations in the community. There is also recognition that step-families and blended families do not require adoption to develop strong and caring relationships.
Parenting Orders
In Queensland, as in all Australian states, it is now possible for relatives or a step-parent to provide legal security for a child through orders made by the Family Court of Australia.
A Parenting Order is a set of orders made by a court about parenting arrangements for a child. A court can make a Parenting Order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a Parenting Order is made, each person affected by the order must follow it.
A Parenting Order may deal with one or more of the following:
- who the child will live with
- how much time the child will spend with each parent and with other people, such as grandpa rents
- the allocation of parental responsibility
- how the child will communicate with a parent they
- do not live with, or other people
- any other aspect of the care, welfare or development of the child.
A Parenting Order can require the parties to follow certain steps before applying to a court to change an order. It can also state the process for resolving disputes that arise from the order. If the Parenting Order provides that two or more people have equal shared parental responsibility, any decision about a major long-term issue in relation to a child must be made jointly. This requires each person to consult with the other person and make a genuine effort to reach a joint decision.
Change of surname
Some families are concerned that a child may have a different family name from other members of the family. This is often the case for families who have children born to the marriage and a child born to a prior relationship.
Having different family names can be difficult for both children and parents when informing schools, services and organisations of the child's identity.
The following options are available when considering a change of surname:
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Common law arrangements - a parent can change a child's surname to the mother's new marriage name and the child can be known by the new name. Common law arrangements are recognised for most purposes. However, a child's name as it appears on their birth certificate must be used for legal documents, such as passports and marriage certificates.
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Change of registered surname (for children born in Queensland) - the Births, Deaths and Marriages Registration Act 2003 includes provisions for the registrar-general to record a change to a child's surname on their birth certificate, in certain circumstances, before the child turns 18 years of age. Parents are required to contact the Registry of Births, Deaths and Marriages to obtain specific information about the circumstances in which a child's surname may be changed, the consents required to have the surname changed, and other relevant information.
A change of registered surname provides a legally recognised means to change a child's surname to the name by which they are known. A child's surname can be changed to that of the current legal surname used by a child's mother. This enables a child to legally have the same surname as their mother and step-father without severing the child's connections with the non-custodial parent. For further information, refer to Change of name on the Department of Justice and Attorney-General website.
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Change of name on Change of name register (for a person aged 18 years or over) - after reaching 18 years of age, a person can change their surname by registering a change of name in the Change of Name Register. A person can legally change their surname to a step-parent's surname by following this process. For further information, see Registering a change of name on the Department of Justice and Attorney-General website.
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Change of name on Change of name register (for a child born overseas) - a parent can apply to a magistrates court for a child born overseas, in certain circumstances, before the child turns 18 years of age. Parents are required to contact the Registry of Births Deaths and Marriages to obtain specific information about the circumstances in which a child's surname may be changed, the consents required to have the surname changed, and other relevant information. For further information, see Registering a change of name on the Department of Justice and Attorney-General website.
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Change of registered surname (for children born in other states or territories) - contact the relevant state or territory births, deaths and marriages authority.
Inheritance rights
Families can make provisions in their wills to ensure that their child has the right to future inheritance from a step-parent. Step-grandparents can also make separate provision in their wills for their step-grandchildren.
Step-families can obtain further information about securing children's inheritance by contacting a solicitor or the Queensland Public Trustee.
Step-families can also safeguard the future of the children in their family by nominating a future guardian for the children in their will.
Further information
For information about adopting a relative or step-child in Queensland, contact our Adoption Services Queensland Unit.
- Last updated
- 19 October 2007