AUSTRALIA Law and Practice Contributed by: Eleanor Lau, Skye Owen and Monica Bayas Inglis, Lander & Rogers
men. The Western Australian government, however, is expected to introduce a law reform to ensure equal access to surrogacy. 1.7 Adoption Adoptive parents (excluding step-parents or de facto step-parents) are required to make an application directly to the Supreme Court of the relevant State in Australia seeking an order for adoption (adoption order). However, if a step-parent or de facto spouse of a parent seeks to adopt a child, an application must first be brought in the Court, seeking permission to commence adoption proceedings in the state court. In determining whether to grant this permission, the Court must assess whether there is a real possibility that an adoption order will be made by the state court, and consider whether granting permission would be in the child’s best interests by considering the follow - ing factors: • what arrangements would promote the safety of the child (including safety from family violence, abuse, neglect or other harm) and of each person who has care of the child (whether or not a person has parental responsibility for the child); • any views expressed by the child; • the developmental, psychological, emotional and cultural needs of the child; • the capacity of each person who has or is pro - posed to have parental responsibility for the child to provide for the child’s developmental, psycho - logical, emotional and cultural needs; • the benefit to the child of being able to have a rela - tionship with the child’s parents and other people who are significant to the child, where it is safe to do so; and • anything else that is relevant to the particular cir - cumstances of the child. If the Court is satisfied that permission should be giv - en, an application can then be made by the potential adoptive parent to the relevant Supreme Court. In direct applications to the Supreme Court, and applications to the Supreme Court with leave from the Federal Circuit and Family Court of Australia, once
an adoption order is made, legal parentage of the child is transferred from the birth parents to the adoptive parents. The child’s birth certificate is also changed to reflect the names of the adopted parents. In relation to intercountry adoptions, Australia has signed the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption dated 29 May 1993. This means that intercountry adoptions are facilitated through Australian adoption programmes and support agencies that liaise with specific countries that are also parties to this Conven - tion. Australia will also facilitate intercountry adoptions if there are bilateral agreements in force. If there is a court order allocating sole decision-making responsibility for the child to one parent, that parent does not need consent from the other parent to per - manently relocate the child to a new country, unless the sole decision-making order excludes relocation decisions. If both parents have parental responsibility, and one parent wishes to move a child to a new country, that parent must first obtain the consent of the other par - ent or a court order permitting the relocation. There may be exceptional circumstances where consent or a court order are not required in the first instance, including where there is a grave risk of physical or psychological harm to the child in remaining in that country. 2.2 Relocation Without Full Consent A change to a child’s living arrangements, such as an overseas relocation, that makes it significantly more difficult for a parent to spend time with the child is considered a major long-term issue. 2. Relocation 2.1 Whose Consent Is Required for Relocation? Therefore, if a parent who holds joint parental respon - sibility for a child does not consent to the child relocat - ing to another country, the parent seeking to relocate the child’s residence would need to make an applica -
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