The effect of an adoption order is to make the adoptive parents the child's legal parents as though the child had been born to them.
The Adoption Act 1984 sets out the legal requirements for adoption, including procedures for giving consent to adoption, parental responsibility of the child relinquished for adoption, eligibility of applicants for adoption, the granting of an adoption order, ongoing contact and information exchange, and access to information provisions.
Adoption services are delivered by Adoption Services Victoria, as part of the Department of Justice and Community Safety.
Adoption Services Victoria provides services including:
- options counselling to parents considering placing their child for adoption
- arranging for children to be placed in foster care, if requested by a parent while they consider adoption
- education programs for people who want to adopt,
- assessment and approval of people who want to adopt.
- matching children with approved people who want to adopt
- supervision of adoption placements. This usually occurs for a period of about 12 months, until an application is made to the County Court and the court grants the adoption order establishing the adoptive parent/s as the child's legal parent/s.
- providing information about the adoption to eligible people or organisations
- supporting people affected by adoption to reconnect to natural family
- investigation applications to the County Court by people seeking to adopt a stepchild or relative
Adoption cannot be a case plan objective for a child or young person in the child protection system. Child protection practitioners must not suggest that a family consider adoption or support an application for adoption of a child. Instead, practitioners should consider the appropriateness of long-term out of home care or permanent care as a case plan objective.
If a parent advises a child protection practitioner that they want to place their child for adoption, the child protection practitioner must refer the parent to Adoption Services Victoria for information and advice.
Where an adoption record may assist child protection in an investigation or for the purpose of case planning, Adoption Services Victoria has the discretion to provide this.
The Adoption Act also governs the adoption of children from overseas by local adoptive parents by giving effect to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).
Adoption Services Victoria works with overseas partner programs to arrange overseas adoptions. The list of available overseas partner programs is determined by the Commonwealth Department of Social Services. The work of Adoption Services Victoria when arranging an overseas adoption varies by country but often includes:
the education, assessment and approval of applicants,
exercising delegated guardianship under the Immigration (Guardianship of Children) Act 1946 and
the supervision of placements when the child arrives in Australia.
Please note the same restrictions to Child Protection interventions apply to children being adopted from overseas as many children in the Refugee Minor Program.
While Adoption is usually associated with young children, it is also possible for adults to be adopted. Often, this is to formalise an existing close relationship within the family.
Adoption Services Victoria is not involved in adult adoptions. Adoptions involving a person over 18 years of age does not require the involvement of Adoption Services. Instead, applications can be made directly to the Victorian County Court.
An adult may be adopted by someone brought up, maintained and educated them. In some instances, this is where they have been cared for under a Permanent Care Order
For more information, visit Adoptions, parentage and name changes on County Court Victoria.
Adoption is relatively rare in Victoria and can be complex. Adoption Services Victoria provides secondary consultation support for child protection professionals. This is not an options counselling service but is there to assist you with how to respond to a parent considering adoption.
You can access this by emailing adoption.options@justice.vic.gov.au and they will contact you within one business day
Information can also be found at: https://www.vic.gov.au/adoption