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VIC Adoption - Father's Consent Required?

Discussion in 'Family Law Forum' started by MiizzCarmen, 24 September 2014.

  1. MiizzCarmen

    MiizzCarmen Well-Known Member

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    Hi, I just wanted to know if a birth mother wants to put her child up for adoption ( adoption Australia) and the father does not want to cooperate. What is the birth mother's options? Is it possible to get sole custody and then put the child up for adoption?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Sole custody doesn't exist anymore. It's sole parental responsibility.

    Can you get sole parental responsibility? Under the circumstances you've provided, HIGHLY unlikely. A child has a right to know and be cared for by both parents on a regular basis, so a mother wanting to deny a child of that right by giving the child up for adoption when the father does not consent to the child being put up for adoption could lead to the court just granting sole parental responsibility to the father.

    If you don't mind giving some more insight, why does the mother want to give the child up for adoption instead of just giving parental responsibility to the father?
     
  3. MiizzCarmen

    MiizzCarmen Well-Known Member

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    Really? Is that so huh.....Is it possible for the father to get custody of the child if hes not even a permanent resident of Australia?.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Yes. Parentage isn't restricted by location, but dad would need to seek orders for sole parental responsibility and he would need to show the court why having sole parental responsibility would be in the child's best interests.

    For the record, even sole parental responsibility does not enable a parent to put the child up for adoption. It would still require the consent of both parents. Under extenuating circumstances, the court may decide otherwise if the identity of the father is not known.
     
  5. Ash

    Ash Well-Known Member

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    As per WA's Dept of Child Protections web site

    6. Does my child’s other birth parent have to know about the adoption?
    When a baby is born, both parents have equal parental rights and legal responsibility for the child. Both birth parents must give their written consent for the child to be placed for adoption.

    Sometimes it is not possible or appropriate for the other birth parent to sign their consent and a dispensation may be obtained from the Family Court of Western Australia.

    http://www.dcp.wa.gov.au/FosteringandAdoption/Pages/PregnantAndConsideringAdoption.aspx


    Contact your local Dept for Child Protection they can provide advice and have social workers who can assist with the journey. It is important not just to understand the relinquishing aspect but also the child's life journey. All adoptions are open with the birth parents having the opportunity to be in contact with the child.

    Fell free to contact me privately if you are looking for more info about my experience with open adoptions.
     

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