Adoption Order Permanent Care Parenting Order Order Adoption Act 1984 Family Law Act 1975 Children, Youth and (Vic) (Cth) Families Act 2005 Effect of order: Adoptive parent(s) Parental Parental (Vic) become responsibility5 responsibility child’s 6 Parental parents—assume conferred on conferred or responsibility all parental rights permanent carer, allocated. Parental and responsibilities generally to exclusion responsibility of other of all other people parties not diminished unless stated in the Transferred from order birth parents to Unaffected—birth Legal parentage adoptive parents parents remain Unaffected—birth legal parents parents remain Is change of No No legal parents name part of yes process? Given application Birth certificate New birth certificate No change to birth No change to birth created showing the certificate certificate adoptive parent(s) as the child’s parent(s) Effect on inheritance Inheritance rights Inheritance Inheritance transferred. Child rights unaffected rights unaffected inherits from adoptive parents, not birth parents Duration of order Permanent Until child turns Until child turns 18, unless 18 or marries marries, enters into discharged a de facto relationship or upon adoption of the child May include Mandatory May include Conditions on order conditions regarding conditions regarding conditions covering contact preserving variety of parenting child’s with birth parents identity, arrangements, and relatives cultural connection including contact, and/or information and relationships communication, sharing with birth with residence and parents decision making ‘birth family’, unless the court provides otherwise May include conditions regarding contact with parents, siblings and others of Can the conditions Yes—in very Yes—in Yes significance, and/or a be varied? limited limited cultural plan circumstances circumstances 5 responsibility’, in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, ‘Parental parents have in relation to children: Children, Youth and Families Act 2005 (Vic) s 3. 6 in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents ‘Parental responsibility’, 155 have in relation to children: Family Law Act 1975 (Cth) s 61B.
Adoption Order Adoption Act 1984 (Vic) Permanent Care Order Children, Youth and Families Act 2005 (Vic) Parenting Order Family Law Act 1975 (Cth) Effect of order: Parental responsibility Legal parentage Adoptive parent(s) become child’s parents—assume all parental rights and responsibilities Transferred from birth parents to adoptive parents Parental responsibility5 conferred on permanent carer, generally to exclusion of all other people Unaffected—birth parents remain legal parents Parental responsibility 6 conferred or allocated. Parental responsibility of other parties not diminished unless stated in the order Unaffected—birth parents remain legal parents Is change of name part of process? yes Given application No No Birth certificate New birth certificate created showing the adoptive parent(s) as the child’s parent(s) No change to birth certificate No change to birth certificate Effect on inheritance Inheritance rights transferred. Child inherits from adoptive parents, not birth parents Inheritance rights unaffected Inheritance rights unaffected Duration of order Permanent unless discharged Until child turns 18 or marries Until child turns 18, marries, enters into a de facto relationship or upon adoption of the child Conditions on order May include conditions regarding contact with birth parents and relatives and/or information sharing with birth parents Mandatory conditions regarding preserving child’s identity, cultural connection and relationships with ‘birth family’, unless the court provides otherwise May include conditions regarding contact with parents, siblings and others of significance, and/or a cultural plan May include conditions covering variety of parenting arrangements, including contact, communication, residence and decision making Can the conditions be varied? Yes—in very limited circumstances Yes—in limited circumstances Yes 5 ‘Parental responsibility’, in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children: Children, Youth and Families Act 2005 (Vic) s 3. 6 ‘Parental responsibility’, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children: Family Law Act 1975 (Cth) s 61B. 155