Adoption

What is adoption?

Adoption is the legal process whereby all legal rights and responsibilities regarding a child are transferred to the adoptive parents from the birth parents.

Adoption is permanent unless the adoption is discharged by the Court or another adoption occurs.

What are my rights if I am adopted?

If you are adopted, you generally have the same rights and privileges as any other child.

Can I find out who my biological parents are?

If you are 18 years of age you are entitled by law to obtain identifying information about your biological parents. This includes any information that has been held on the record of your adoption such as the name of your birth mother and the name of your birth father (if this has been recorded).

If you are under 18 years of age then you need the written agreement of your adoptive parents before you can get any information about the identity of your biological parents.

How do I get information?  

In Tasmania there is an Adoption and Information Service and Adoption Information Register that can help you get information about your adoption. These are to help everyone involved in an adoption, including adopted persons, birth parents, adoptive parents and natural relatives, to exchange information about each other and arrange to meet if they want to.

The Adoption Information Register contains the names and addresses of people affected by adoption and has a record of whether they want to disclose information and have contact with other parties to the adoption.

If you want information about your adoption you have to attend an interview with a counselor beforehand.

The Adoption and Information Service can be contacted on (03) 6222 7373.

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

If you do not want your biological parents to contact you then you can register a contact veto. If you do this, your biological parent can still is seek information about you but they will be required to sign a legally binding agreement not to contact you in any way.

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 but requires the permission of your adopted parents.

Who can adopt me?

There are a variety of people who may adopt a child. These include people who are married for 3 or more years and people who are deemed to be in a significant relationship. In certain circumstances a court will allow a single person to adopt.

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

In Tasmania, the welfare and interests of the child are regarded as the paramount consideration during the adoption process. An adoption order will not be made until the court is satisfied that the wishes and feelings of the child have been taken into account (this will depend on the age and level of understanding of the child).

How can they adopt me?

There are several steps to be followed in an adoption process. Anyone interested in adopting must first attend an Information Session. From this point the process includes preparing documentation, police checks, assessment by an Adoption Worker (this will take place over a period of 6 months), preparation of a country project and attending a weekend workshop. Once these steps have been completed the application may be approved. If it is approved then the prospective adoptive parents will be placed on the register.

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 Tasmania, 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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