The County Court hears and determines approximately 60 adoptions each year.
Cases heard in the Adoption and Parentage List relate to:
Adoptions are prescribed under the Adoption Act 1984 and the Adoption Regulations 2019. Substitute Parentage applications are prescribed under the Status of Children Act 1974 and the Assisted Reproductive Treatment Act 2008.
Most decisions on a child's placement and prospective parents are made before an application for adoption is filed with the Court.
It is very common for the terms of the adoption to be agreed to by the parties before an adoption order is made by the Court.
A child adoption order may be made in favour of two people:
The child to be adopted must be under the age of 18 years old. A guardian’s report must be prepared by an authorised adoption agency. The authorised adoption agency also arranges for all the necessary adoption consents to be taken.
A guardian’s report and parent’s consent are not required for adult adoptions. There are no adoption agencies involved in an adult adoption.
An application must be completed with supporting affidavits from the applicant and adoptee.
The Assisted Reproductive Treatment Act 2008:
The County Court cannot release any information regarding an adoption matter.
All requests for information must be made to Adoption Victoria at the Department of Health and Human Services.
The Court may hear and determine applications to change the name of a child under the Births, Deaths and Marriages Registration Act 1996.