The Important Bits
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Adoption is a legal process where parents give up their parental rights and responsibilities to the adoptive parents. The aim of adoption is to provide a family for a child who cannot be cared for by his or her birth family. Adoption can provide security, love and protection for the child.
Adoption laws have changed since 1884 and ‘open’ adoptions are encouraged. This means that the birth mother and father have limited access to the child. It also allows information about the child to be shared between the birth and adoptive parents throughout the child’s life.
Here are some legal things to think about:
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- If the name of the father appears on a child’s birth certificate, the father must give consent to the adoption. That means he must agree to the adoption and be prepared to sign papers.
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- Adoption of a child to people who are not relatives is done through adoption agencies or the Department of Human Services.
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- It is important to make sure that you know all about adoption before you do it. If your first language is not English, you can get an interpreter so that you know all of the facts.
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- Adoption by relatives is usually handled by a solicitor but not often allowed by the courts. In these cases, residency orders or parenting orders are generally considered to be more appropriate.
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- Adoption cannot be allowed when the baby’s parents have not signed consent or where pressure has been placed on them to agree. Parents cannot give consent before a child is 16 days old or when the mother is still in hospital. The parents have 28 days after signing to withdraw consent (change their minds). This can be extended.
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In special circumstances consent may not be needed.
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There are services that provide support and advice to parents, children and relatives who are looking for information regarding adoptions.
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Where To Go
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Full contact details available at Links & Resources
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