Adult Adoption

An ‘adult adoption’ is the process of a person aged 18 or above being adopted by a person who is not their biological parent (usually a step-parent or foster parent).

The effect of an adult adoption is to have the adopter recognised as the adoptee’s legal parent.

Adult adoptions take place in the County Court of Victoria and they can be scheduled to take place at various times throughout the year, and at various Courts throughout the state of Victoria.

Anyone who has brought up, maintained and educated a person as if they were their parent is eligible to adopt a person, providing the adoptee is aged 18 years or over and they give their consent to being adopted.

Whilst there is no specific threshold that needs to be demonstrated for an adoption to be approved, it should be shown that the adopter has provided emotional, financial and practical support to the adoptee for a reasonable period of their childhood, and that they have made a positive contribution to their welfare and upbringing.

It is far easier to adopt an adult than it is to adopt a child.  The Department of Families, Fairness and Housing do not need to prepare a guardian’s report, or be involved in the process at all.

It is for this reason that many people choose to wait until a child turns 18 before formally adopting them.

Yes, there is a requirement to show that there is a history of a parent-child type relationship, and that the adopter has brought up, maintained and educated the adoptee during a period of periods of their childhood as though they were their parents.

The biggest thing that adult adoptions help with is creating a feeling of security, belonging and emotional wellbeing for the adoptee, whilst also providing the adopter with feelings of acknowledgement and appreciation of the work they have done to raise the child to an adult.

No, a biological parent cannot contest an adoption.

In fact, one or both of the biological parents do not even need to be notified of the adoption application and hearing.

The hearing of an adult adoption application in the County Court is a very informal, happy and emotional occasion.  Judges enjoy conducting these hearings and will often present in a very relaxed and happy mood, and will engage in friendly discussion with all of the people involved.

Some Judges will even come down from their bar table to sit with the parties in the body of the Court to have discussions and to take pictures with the family and friends.

Once the Judge declares the adult adoption as having been approved, they will present you with a ‘Certificate of Adoption’.

You may also be able to retain a sealed copy of the Court Order itself that declares the adoption.  Once the adoption has been approved, the adoptee’s birth certificate can be changed to reflect the new parent.

An adult adoption can only be undone at the application of either the adoptee or the adopter.

Although, given the enormous feelings of pride and fulfilment that both people feel from adult adoptions, applications to reverse them are extremely rare.