Giving Up Legal Rights to a Child & Adoption?

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1 May 2014
My son is 5 years old. My son's biological father (my ex) has not been in my son's life since he was a few months old. My ex has made it clear that he doesn't want to be involved in my son's life now or in the future and has asked me to remove his name from my son's birth certificate. So I would like to know is it possible under family law to remove his name from my son's birth certificate and for him to give up any legal rights to my son. Also my fiancé and I have been together for 4 years and he plans on adopting my son. What would be the steps (e.g. Adoption Australia) and costs involved and would my ex have to give his consent?


Well-Known Member
8 April 2014
G'day Caroline,
The NSW Department of Family and Community Services site has fact sheets that address your questions.

The “Mandatory written information on Intrafamily adoption - Information for parents and adoptive parents” publication sets out the steps and requirements for adoption. You will see it says:

Both the mother and the father of the child must be informed of the proposed adoption and given the opportunity to express their views. The mother, father and proposed adoptive parent(s) of the child will be requested to be available for interview during the preparation of a report for the Court.

Parents must receive a copy of the adoption consent document and mandatory written information regarding intrafamily adoption and its effects, at least 14 days prior to giving consent. Parents are required to see a Registered Counsellor, not more than 30 days and not less than 72 hours, before giving consent.

Current fees as at date of this factsheet for the provision of a Court Report by an approved assessor and Registered Counselling are recommended at an hourly rate of $124.76:
▪ Court Report: for up to 10 hours work - the total cost is $1247.60. Additional hours at $124.76 per hour as required.
▪ Registered Counselling session: for up to 2 hours work per person - total is $249.52. Additional hours at $124.76 per hour as required.

Travel costs may also be incurred by remote or rural applicants if the Contracted Adoption Assessor or Registered Counsellor has to travel a long distance to undertake the work.

The overall cost of an intrafamily adoption application depends on the time the solicitor needs to prepare legal documents, and the complexity of the case. Contested proceedings will increase the cost of legal representation significantly. Legal Aid is not usually available for this type of legal work.

Hope that helps.