Adoption

jackman-on-adoption-in-australia-its-almost-like-they- try-to-put-you-off jackman-on-adoption-in-australia-its-almost-like-they- try-to-put-you-off

The laws regulating adoption aim to ensure that the interests of the child are the main consideration. While the number of babies available for adoption has decreased over the past three decades, there has been an increase in the number of people seeking to adopt a child from another country. Same-sex couples and single people have also expressed a desire to adopt a child. The question is, what should be the law's response?

Adoption is governed by the Adoption Act 1984 (VIC)

What is adoption? Definition: Adoption is the social, psychological and legal process is by which a child is given the legal status of a child within a family, other than a natural family.” The process of adoption removes the biological parents' legal responsibilities and duties and transfers them to the adoptive parents. The adopted child is then treated in law as if he or she were the child of the adoptive parents. As society has changed, so too has the law relating to adoption. Over the past few decades we have learned a lot from the people whose lives were changed by the process of adoption. We now understand biological parents do not forget about the child they gave up for adoption. We also understand that, as children grow up, they have a need to find out about their biological parents. The idea that the details of the adoption should be kept secret from the child and the adoptive parents is no longer accepted. Today the adoption process is much more open, with the children having the legal right to know about their origins.

Reasons why people wish to adopt a child include: They want a child but are unable to have one of their own they may want to adopt a child they have been fostering they want to provide for a child who needs a family to live with.

Reasons why a child may need a family include: the birth mother is unable to provide for her child and feels adoption is the best option the child may be an orphan the child may have been born in another country and, because of war or poverty, the parents have placed the child in permanent care.

JACK'S STORY When Jack was three months old he was placed in foster care because his parents were unable to provide appropriate care for him. For the next six years he lived with his foster parents but had ongoing contact with his birth parents and his sister. The foster parents wanted to adopt Jack but the birth parents would not give their consent. When Jack's birth mother died, his birth father accepted that it was in Jack's best interests to be adopted by his long-term foster carers. Jack's birth father consented to the adoption on the condition he had ongoing contact with Jack. The court agreed and this became a part of the conditions of the adoption order.

Who can adopt? Each state and territory in Australia has its own legislation regulating adoption. In Victoria, the legislation is the Adoption Act The Act sets strict rules to determine who may be eligible to adopt. In summary, the rules provide that: a man and woman who have been married or living in a heterosexual relationship for a period of at least two years may be eligible a man and woman whose relationship is recognised as a traditional marriage by an Aboriginal community and the relationship has existed for a period of at least two years may be eligible single people may be eligible but only in special circumstances a relative or step-parent of the child may be eligible if exceptional circumstances exist applicants must be assessed by a government-recognised agency as being fit and proper persons applicants must be in good physical and mental health and have the financial ability to support the child.

Couples in a same-sex relationship are unable to adopt a child. The same-sex partner of the birth mother also is prevented from adopting their partner's child unless the partner agrees to relinquish the child. Only authorised agencies can assess prospective adoptive parents to decide if they are eligible to adopt. It is a criminal offence to give or receive money as a payment or reward for an adoption. A person found guilty faces a fine of approximately $11 600, two years imprisonment, or both the fine and imprisonment.

Consent for adoption Before the County Court can make an order for adoption, the court must be satisfied that the consent of both the birth mother and the birth father, where paternity has been established, has been given. The court will not make an order if consent was obtained by fraud or duress. The Adoption Act provides that written consent must be signed in the presence of a court official and a person authorised by the government. Prior to giving consent the birth parents must have received counselling as well as written information explaining the effect of the proposed adoption and the alternatives to adoption. The birth parents have 28 days to withdraw their consent. The notice of withdrawal must be in writing and given to the County Court.

Adoption conditions The County Court may make an order for adoption subject to certain conditions. For instance, the order may be granted on the condition that the birth parents or other relatives have a right to see the adopted child. The time and frequency of contact is specified in the order; for example, every three months and on the child's birthday. Another condition may be that the adoptive parents must provide periodic information about the child to the birth parents. The information is passed to the birth parents through an approved adoption agency. Examples of information include reports about the child's school progress or interests. After considering the circumstances of the adoption, including the child's age and understanding, the County Court may order that the child takes the surname of the adoptive parents. The court also may agree to a change in the child's first name. Once the court has made an adoption order a new birth certificate can be issued.

In some situations the birth mother may be desperate enough to abandon her newly born baby. If the mother cannot be found after all reasonable inquiries have been made, the Adoption Act provides that the County Court may decide that consent is not required for the adoption to proceed.

Alternative to adoption An alternative to adoption is a permanent care order. Children may be placed in the permanent care of another family when their birth family is unable or unwilling to provide appropriate care. Approximately 100 children are placed in permanent care in Victoria every year. The reasons their birth family cannot look after them include mental illness, drug and alcohol problems and child abuse. 312 There are legal differences between adoption and permanent care. Adopted children become the child of the adoptive parents and a new birth certificate is issued. Children in permanent care live with their new family but retain the legal ties to their birth parents. Prospective permanent care parents must be approved by an authorised agency. Persons eligible to provide permanent care include married and de facto couples or single people. When the child is settled in his or her new family, the Children's Court can make a permanent care order to make the new parents the child's legal guardians. The order remains in place until the young person is aged 18 years.

11.8 TEST your understanding 1.) Provide two reasons why a couple may wish to adopt a child. 2.) Which court can make an adoption order in Victoria? 3.) Discuss one condition that may be part of an adoption order. 4.) Explain the difference between a permanent care order and an adoption order.

APPLY your understanding 6.) Why do you think the birth parents must receive counselling prior to signing the consent form for their child to be adopted? 7.) Mary wants to adopt the daughter of her same- sex partner. Explain the law for this situation.