In Australia, adoption is not governed by the Family Law Act but rather, the laws of each State and Territory. In Queensland, the Adoption Act 2009 is the relevant legislation.
Private adoption in Queensland is illegal. Adoptions are facilitated through the Department of Communities, Child Safety and Disability Services. The Department provides assistance to birth parents considering adoption and people seeking to adopt.
In Queensland, a child may only be adopted if both parents consent or if they do not have a parent who is willing or able to provide them with long-term care.
What about step-parent adoption?
Step-parent adoption is a different process and it does involve the Family Court. A step-parent wishing to formally adopt a step child must receive the leave of the Court which will only be granted if all of the eligibility conditions in the Adoption Act 2009 are met.v
When considering an application for adoption of a step-child, the Court will look at the interests of all parties involved, including both biological parents, step-parents and the child/ren.
