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WA My Boyfriend to Adopting My Child - What is the Process?

Discussion in 'Family Law Forum' started by miidorii, 11 July 2015.

  1. miidorii

    miidorii Member

    11 July 2015
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    I would like to know what process my boyfriend (J) would need to undergo to legally adopt my eldest son (adoption Australia)?

    J has helped me raise my eldest son (D) for just over 8 years now, and we have a second biological child together. D is currently 10 and his biological father (R) has chosen not to see or contact him since he was about 14 months old and has not paid any child support despite agreeing to do so initially.

    R has a history of criminal convictions (possession of drugs, theft and violent and abusive behaviour), he had spent 6 months in jail (during the first year of my son's life) and has attended several anger management sessions (criminal record).

    I feel R is not interested in being a father figure or a suitable role model to my son. J has more than earned that title. My only concern is that if R refuses permission for J to adopt, will there be a difficult and lengthy legal battle under family law? I had asked R for permission several years ago, but he refused. And despite him taking great offence, he has still shown no interest in his son.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    The child cannot be adopted by another person without the father's consent. Even if he is not involved, he has equal shared parental responsibility for the child under a legal presumption, and as such, there are some decisions that cannot be decided by you alone. Parentage is one of these, and thus, adoption of a child cannot take place without the father's agreement.
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