It is a common scenario that one of the parents who care for a child is not their birth parent but a stepparent. There may come a time, that having discussed the matter with their other parent, and the child, that they wish to legally adopt their step-child, and this is when their family lawyers are most likely going to be required to advise, and represent them, given that it can be a complex process.
The first thing that needs to be established is whether or not the stepparent who wishes to adopt their stepchild is actually eligible to do so. The legal requirement and eligibility rules relating to stepparent adoption are laid out in the Family Law Act of 1975.
Before a family court will even consider an application for stepparent adoption, there are three basic questions that must be answered. The first and overriding requirement is that if the adoption takes place, it must be in the best interests of the child.
For anyone who has studied or encountered family law, they will have undoubtedly known that whenever a child is involved in any way in family court matters, all decisions will normally have this as the primary part of the consideration.
The second consideration is whether the child’s biological parent is no longer has any active role in their life. For example, they could have abandoned their family some years ago, or have chosen to live in another country without any contact with the child.