Adoption

What is adoption?

Adoption is the legal process where the legal rights and responsibilities of a parent(s) are transferred permanently from a child's birth parents to the adoptive parents. When a child is adopted, the child legally and permanently becomes a member of a new family.

What are my rights if I am adopted?

As an adopted child, you generally have the same rights as any other child. Your welfare and interests are considered to be very important.

Can I find out who my biological parents are?

In the ACT, the law allows you to find out who your biological parents are at the age of 18. You do not need permission from your adoptive parents to get identity information about your biological parents. Identity information is general background information including names, ages, physical characteristics, medical history and any information that can identify a person.

Your biological parents may also access identity information when you turn 18.

If you are under 18, you may be able to access identity information if you have written approval from each adoptive parent and each birth parent. You can also apply for non-identifying information if you are under 18. This information is similar to identity information, but excludes names, birth certificates and any other information by which a person can be identified.

How do I get information?

If you are under 18, you first need to get approval in writing from your adoptive and birth parent(s) for you to have access to identity information.

Before you start your search for your birth parent(s)

(1) You will need to obtain an original or amended birth certificate. First apply to the Adoption Information Service (AIS) to receive authorisation to get your original or amended birth certificate. They will also give you advice on where you can find a copy of your birth certificate (probably the ACT Registry of Births, Deaths and Marriages). You might also be able to get a copy of your birth parents’ Marriage Certificate – this might make the search for them easier.

How to search for your birth parent(s)

(1) After you have gathered information from the Adoption information service you may search for your birth parents using electoral rolls, current and old telephone books, and trade, professional and union directories.

(2) You can also conduct a search on the Reunion Information Register. This register has names of people, parents and relatives who would like to be united with family members. You may put your name on the register, with parental permission, if you are under 18.

Making Contact with your birth parent(s)

(1) If you believe that you have found the correct details about your birth parent(s), you can ask the ACT Adoption Information Service to make contact with them. This service is free and confidential.

(2) Another service that you could use is the Post Order Support Service (POSS) which can assist in communicating with your birth parents and provides support and counsellors for young people whose adoption was arranged through the ACT Adoptions Unit. This service is also free and confidential.

(3) For many people, having an unknown relative telephone them or come to their house may be a big shock. Therefore it is recommended that you write a letter or have another person make contact with your birth parents on your behalf.

After contact has been made:

(1) Many people prefer to communicate through letters, phone calls and emails before arranging a face-to-face meeting with your birth parent(s).

What is an ‘open adoption’?

An open adoption refers to a situation where there is some contact between the birth parent(s) and the adopted child. If there is agreement between everyone involved, birth families and the adopted child can communicate and meet face-to-face, even if you are under18.

What if I don’t want my birth parents to contact me?


If you don’t want to be contacted you can register a ‘contact veto’ to ensure your privacy is protected. A contact veto is designed to prevent someone who has accessed your identified information from making contact with you. However a contact veto does not prevent a person from receiving information about you.

If you have a contact veto, the person who accesses you information will be required to sign an undertaking that they will not attempt to contact you. If they do not follow this, court action may be an option. When lodging a contact veto you can leave a message explaining why you do not wish to be contacted.

You can have a contact veto registered against anyone related to your adoption or specifically for one person. The contact veto can be made for a specific time period or indefinitely.

To register a contact veto, contact the ACT Adoptions and Permanent Care Unit.

Can I move in with my birth parents?

After an adoption is made, your adopted parents have full parental rights and responsibilities. That means it is generally expected that you will live with your adoptive parents. You should discuss contacting your birth parents with your adoptive parents. However, you are not breaking any law if you leave home. For more information about leaving home, see our Lawstuff topic ‘Leaving Home’.

Can my birth parents adopt me again?

Re-adoption is possible. Your birth parents may re-adopt you if your adopted parents allow this to happen.

Who can adopt me?

There can be ‘private adoptions’ (where the child is adopted by someone who knows the child, e.g. stepfather) and adoption where adults want to adopt an unrelated child they do not know.

The law in the ACT imposes requirements which must be met before an adoption proceeds. The person who wants to adopt the child must show that they can carry out their responsibilities as parents. Adoptive parents also receive training and education on adoption.

What is taken into consideration when my adoption is being considered?

In the ACT, your welfare and interests are very important and are taken into consideration when deciding whether or not the adoption will go through.

Your birth parents can also choose to be actively involved in selecting your adoptive parents. They may ask that you be placed with adoptive parents of a specific religion, marital status, ethnicity or racial background. Every effort is made to ensure that your adoptive parents fulfil the identified criteria of your birth parent(s).

Do I have any rights to inherit my adoptive parents’ property when they die?

Inheritance occurs when someone dies, and their property, for example, their house and money, is transferred to someone else. Parents’ property is usually inherited by their children.

In the ACT, once you are adopted into a family, in the eyes of the law you become a child of your adoptive parents. Therefore you have the same rights that a birth child has with regard to inheritance of your adoptive parents’ property when they die (but you have no rights of inheritance from your birth parents).

 

Last updated 22 September 2010



   
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