Today, many children live in stepfamilies. Some stepparents want to make their relationship with their stepchild more formal and may consider adoption.
Length of time the couple must be together before adoption of a step-child can take place
Adoption of a step child cannot take place unless the couple have been either married or in a de-facto relationship for at least three years. The person wishing to adopt the step child must be a carer of the child.
A Parenting Order or a Consent Order from the Family Court
A Parenting Order or a Consent Order from the Family Court may be an alternative option to adoption.
Before you decide on an option, it’s a good idea to get legal advice about the best choice for your family.
It is a requirement of the Adoption legislation that the Family Court make a determination that a step parent adoption is preferable to other Family Court Orders.
To save you time and expense, it is recommended that you apply for the ‘determination’ as early as possible.
Adoption Orders
An Adoption Order permanently severs the legal relationship of a child with their birth parent and establishes a legal relationship with the adoptive parents.
In stepparent adoption the stepparent applies to the Family Court of Western Australia for an Adoption Order for their stepchild. You can apply to the Court directly or use a legal representative.
A stepparent is a person who is related to the child by marriage as a stepparent. Alternatively, the stepparent can be someone who has been living with the child’s birth parent in a stable relationship for at least three years.
The child’s views on adoption
Your stepchild must know about the adoption. It is important to tell the child in a way they understand, depending on their age and development.
This must be done before you can apply for an Adoption Order with the Family Court.
If the child is 12 years or older, they must consent to the adoption.
What happens after a stepparent adoption
The birth parent the child lives with:
- keeps their legal powers, parental duty and responsibility for the child.
The other birth parent (the relinquishing parent):
- loses their legal powers, parental duty and responsibility for the child.
- cuts the legal relationship between the child and birth parent and his or her extended family.
The stepparent:
The child:
-
loses the legal relationship with the relinquishing birth parent and their extended family
-
loses previous inheritance rights
-
gains a new legal relationship with the stepparent and their extended family
-
gains new inheritance rights.
For information on the child’s name after the adoption, see:
Naming your adopted child.
Adopting a child - the next steps.