Adoption
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What is adoption?
Adoption is a legal process that transfers the legal rights and responsibilities of parenthood from a child's birth parents to a new set of parents.
In Queensland, all adoptions are organised through the Department of Child Safety. This includes adoptions by relatives and overseas adoptions. Privately arranged adoptions are illegal in Queensland and penalties apply.
How do I adopt a child?
To adopt a child you must be:
- living in Queensland
- over 21 years old
- married for at least two years
- an Australian citizen or married to an Australian citizen
- 18 years older than the child to be adopted (males)
- 16 years older than the child to be adopted (females).
Other guidelines apply if you want to adopt a special needs child, a child you are related to, or a child from overseas.
Can I adopt a child if I have a disability?
Adults with disabilities may face problems in meeting the guidelines to adopt a child and should contact Disability Services Queensland for more information.
Can I adopt my step-children or a child related to me?
Adoption is a serious and final legal step. It is not usual to formally adopt step children or relatives. This is because parenting orders can usually be made to meet the child's needs without adoption.
Who has to agree to the adoption?
Before a legal adoption can happen, a child's birth mother and father must agree to the adoption taking place. If the child to be adopted is 12 years old or older, they must also agree to the adoption.
What if my child or the other parent won't agree to an adoption?
Only the supreme court or the children's court can order an adoption without a child's or a parent's agreement. For example, if a child's birth father is unknown, then the Department of Child Safety can apply to the court to continue with the adoption without the father's agreement.
Do I still have to pay child support and maintenance?
Once the adoption order is made, your parental rights and responsibilities are removed and transferred to the adoptive parents. You are no longer required to pay maintenance for the child.
Can the adopting parents change my child's name?
The adopting parents can change the child's name during the adoption process. See children’s names link in the related links area of this page (to the right-hand side).
What other options are available?
You may want to think about options other than adoption. It is not necessary for a child to be legally adopted for a person to have parental responsibility for a child. The family court or federal magistrates court can make orders allowing a non-parent to have some parental responsibilities for a child.
When is the adoption final?
When the parents accept the child's placement, the department finalises the adoption and makes an adoption order. Once the adoption order is made all parental rights and responsibilities are removed from the child's birth parents and transferred to the adoptive parents. The adoption details are registered on the child's birth certificate.
All inquiries about adoption, including inquiries by people who have been adopted, birth parents and adopting parents should be made to Adoptions Enquiries.