Leave of the Family Court
If couples have considered the other options and have decided to proceed with a relative or step-child's adoption application, it is important to consider whether or not to apply for leave of the Family Court to proceed with the proposed adoption.
In 1991, changes were made to the Family Law Act 1975 which may affect a couple's application to adopt their step-child. The effect of these amendments is that, unless leave is granted by the Family Court for adoption proceedings to commence, the rights of the non-custodial parent to make further application to the court do not cease.
This means that if an Adoption Order is made without leave of the court, it is still possible for the birth parent to apply at any stage to the Family Court of Australia for any orders which are available through the court - for example, access or parenting.
Seek legal advice
Our department cannot provide you with legal advice. As provisions of the Family Law Act may affect an adoption application, couples need to consult their own solicitor about whether or not an application for leave is appropriate for their situation.
If couples decide to make an application for leave of the Family Court, they will be required to provide, as part of the processing of their adoption application, a brief statement outlining this decision.
The application would remain inactive until the outcome of the Family Court application is finalised and a copy of the order granting leave is provided to our adoption unit.
Similarly, if couples decide not to proceed with an application for leave they will be required to provide the unit with a brief letter or statement outlining their decision. The letter needs to advise that legal advice was sought and that the implications of the relevant sections of the Family Law Act are understood. The letter should also document the reasons why the solicitor has recommended that they do not need to apply for leave.
Step-parents seeking to adopt a step-child need to be aware that the granting of leave by the Family Court does not mean that an Adoption Order will automatically be made in favour of the step-parent.
Under the Adoption of Children Act 1964, a step-parent seeking to adopt their step-child must meet the prescribed eligibility criteria, and if eligible, the step-parent's adoption application must be favourably assessed for an Adoption Order to be made.
Further information
For further information about the adoption process for a relative or step-child in Queensland, refer to the Relative and Step-Parent Adoption Program or contact our Adoption Services Queensland Unit.
- Last updated
- 24 September 2008