Legal Question in Family Law in Australia
How does my fiance go about adopting my son?
I am soon to be married and my fiance and I want for him to adopt my 4 year old son. We have not seen or heard from my son's father for 2.5 years although I still receive maintenance from him. What avenues do we have to take in order for this to happen?
1 Answer from Attorneys
Re: How does my fiance go about adopting my son?
There are a few different ways and the avenue you choose usually depends upon the reasons why you are asking. Queensland State legislation governs adoption in this State. Importantly, adoption cannot take place without the consent of both parents. If this is the case then it is a matter of an application to the State Supreme Court. If the consent of the other parent is not likely to be given, some parties seek a declaration under the (Federal) Family Law Act that that party is to be legally responsible for that child. There are usually issues in relationt o the name of the child, maintenance for the child, etc to be addressed.