Adoption Orders
These are granted through the County Court.
The people caring permanently for the child become the legal parents. The child’s name, birth certificate and inheritance rights are affected.
The Victorian Adoption Act 1984 provides for information exchange and/or contact between adoptive and birth families. These adoptions are often termed ‘open’ adoptions.
Current legislation for Adoption Orders
- The frequency of access and/or information exchange will be outlined in the adoption order.
- Birthparents may apply to the court to vary the amount of access and information exchange previously granted.
- Adoptees, Birth Parents, Adoptive Parents, birth relatives and children of adoptees can apply for non-identifying and identifying information.
- Adult adoptees who are not ready for contact with birthparents can register their wishes at the Adoption Information Service. Phone (03) 9695 3888 and ask for the Duty Worker.
Permanent Care Orders
These are granted through the Children’s Court if a child has been out of the care of their Birth Parents for two years or two of the previous three years.
Custody and guardianship of the child is transferred from the biological family to the care-giving family. Custody refers to the every day care of the child while guardianship addresses the long term welfare of the child.
Current legislation for Permanent Care Orders
- The Children and Young Persons Act 1989 provides for ongoing contact with the child’s biological family.
- The birthparents under the law are recognised as the child’s parents but are unable to exercise guardianship or custody rights.
- The length of the arrangement is until the 18th birthday of the child.
- The child has no inheritance rights unless specified by the care providers.
- In special circumstances, where agreement can be reached, joint guardianship between the birthparents and the permanent care family may be arranged.