Frequently asked questions (FAQ)
People interested in adoption or permanent care often have questions. Here are some questions which are most commonly asked. These answers may help, although of course the best way to answer all your questions is to attend an information session.
- what is permanent care?
- what is the difference between permanent care, adoption and foster care?
- what legal issues are involved?
- are children available for adoption and permanent care in Victoria?
- where do the children come from?
- are children going to be difficult to care for?
- how old are the children?
- what makes a good carer?
- am I over the age limit as a carer?
- do I have to be married?
- what if I live outside Victoria?
- what if we are still having infertility treatment?
- can I be considered if I have a criminal record?
- what is the 'Working with Children Check'?
- what if I have a disability and/or health problem?
- how do I apply for a permanent care child or to adopt a child?
- how long does the adoption and permanent care process take?
- would I get any training?
- how does the approval process work?
- how are carers matched with a child?
- how much involvement do birth family members have?
- what kind of help could I expect?
- what about adoption by stepparents?
- how does adopting her compare with adopting a child form overseas?
1. What is permanent care?
Permanent care is a lifelong, committed relationship, in which a child becomes part of your family, and receives the same love, support, care and attention you’d give your own children. A child in permanent care is, to all intents and purposes, a member of your family.
Permanent care gives responsibility for the custody and guardianship of a child to the permanent care parents. A permanent care order continues until the child is 18, although of course once the child becomes part of the family, the emotional bond and commitment continues for life.
2. what’s the difference between permanent care, adoption and foster care?
Any child that comes into your family needs your love, care and protection.
However children in permanent care may need more of your time and input. In many cases they’ve grown up without the sense of security and stability that most of us take for granted.
These children are placed in permanent care only when the Department of Human Services makes a decision that they cannot return to their birth family. These decisions are only ever made in the best interests of the child. After a period of time, a permanent care order is made by the Children’s Court, granting custody and guardianship to the new family.
The relationship is secure, nurturing and, above all, permanent. It’s one in which parents make a lifelong commitment to a child.
Foster care is not intended to be permanent. Children are initially placed in foster care after they leave the care of their birth family. When children are placed in foster care, it is expected that they will return home. In some cases this does not happen, and a decision is made as to the best way to achieve a stable home for the child. The child may be placed in permanent care through the Adoption and Permanent Care program.
3. what legal issues are involved?
When you adopt a child, he or she becomes legally your child. A new birth certificate is issued in your surname and the child automatically assumes the same rights and privileges as a birth child, including the right of inheritance. The legal tie with the child’s birth parents ceases to exist, although they do have a right to ongoing information and/or contact with the child.
This is not the case with children in permanent care. You have custody and guardianship but there are still legal ties to the birth parents, as the birth certificate is not automatically changed and there are no automatic inheritance rights. It is still possible for the child to inherit from you, but you would need to do so in a formal legal document such as a will. The child’s name can be legally changed in circumstances when all parties consent to the change, but in the meantime the child can informally use your surname.
4. are children available for adoption or permanent care in Victoria?
Yes. On average, every year about 65 children are placed for permanent care in Victoria, and around 20 infants are placed for adoption in the Infant Adoption Program.
5. where do the children come from?
Children come from all backgrounds.
It is worth remembering, in the case of permanent care, that their backgrounds have nearly always been somewhat traumatic. Their parents may have struggled with mental illness, alcohol or drug addiction. The children may have been physically abused, or witnessed others being abused. But with love, hard work and security can come growth and trust.
Through the everyday magic of having someone care about them, they can learn that they matter, that they belong, and that they count. It may take time, but they can learn to become resilient. Gilligan, R, 2000.
6. are the children going to be difficult to care for?
All parenting is challenging. However adoption and permanent care can present some challenges other families never have to face.
Permanent care can be particularly demanding; these children come from situations that have sometimes been quite harrowing. They may have had a series of caregivers, and they may take a while to attach to you.
This is why it’s so important to attend the information and education sessions. Knowing what’s involved is vital. You can’t walk into these arrangements without preparing yourself. It will be hard work but with the right strategies and plenty of commitment, you can provide a secure, nurturing environment, which can make it that much more satisfying. You can always ask your Adoption and Permanent Care Team for assistance. And with the right help, the children in your care can grow into resilient, optimistic and loving adults.
It can be challenging, demanding, and sometimes frustrating. And yet despite the challenges these are incredibly rewarding relationships. As an adoptive or permanent care parent you’ll be in a position to form bonds that will change someone’s life.
7. how old are the children?
Most adoptions in Victoria are of children between one month and one year. Children placed in permanent care are usually aged up to about 12 years.
8. what makes a good carer?
You’ll need patience, a sense of humour, energy, commitment and love as well as a genuine interest in children. These are qualities all parents need, but when you’re raising a child that wasn’t born into your family, sometimes you need a little more energy, patience, compassion and understanding.
9. am I over the age limit as a carer?
There is no age limit in Victoria, although of course age is a factor that will be considered among all the circumstances you’ll outline in your application.
10. do I have to be married?
To adopt a child you have to have been married or in a stable de facto relationship for at least two years. You must be able to establish the length of time your relationship has been in place by providing the appropriate documentation.
Applications to become a permanent carer are accepted from married or de facto couples or single people.
11. what if I live outside Victoria?
If you live outside Victoria you cannot adopt under Victorian law. However all Australian states and territories have similar systems to the one that operates in Victoria, so you should visit a website such as this one that applies to the state in which you live.
12. what if we are still having infertility treatment?
You are welcome to attend an information session to find out what your options are about adoption or permanent care. However, to attend the training sessions, you must have completed all your infertility investigations and treatments such as IVF six months previously. This is really important as you will have had time to think about your situation and decide that adoption or permanent care is the route you wish to follow. It is very important that when you parent a child through adoption or permanent care, you have a sense of acceptance; a complete commitment to this form of parenting into the future.
13. can I be considered if I have a criminal record?
For the safety of children, comprehensive checks are carried out for all applicants wishing to parent a child through adoption or permanent care. Where there is anything in people’s pasts relating for example to violent or sexual offences or offences against children, they will not be considered by the program. Other criminal offences will be considered on a discretionary basis. It all depends on how serious the offences were, how long ago and what has happened since. If you are concerned about this matter, you can always discuss it with your adoption and permanent care program before you proceed.
14. what is the 'Working with Children Check'?
The Victorian Government has introduced a new checking system for people who work or volunteer with children. The Working with Children Check helps to protect children from sexual or physical harm. It is a simple process that checks a person’s criminal history for serious sexual, violence or drug offences and findings from professional disciplinary bodies. Anyone wishing to adopt or enter into a permanent care relationship must have the check (see the Working With Children Check website - external)
15. what if I have a disability and/or health problem?
Full medical checks and histories are required to make sure you have the ability to care for a child now and into the future. If you have a disability or medical condition, it is best to discuss this with your adoption and permanent care program as soon as possible so that they can tell you about the processes involved.
16. how do I apply for a permanent care child or to adopt child?
If you decide you want to proceed, the next step is to contact the Adoption and Permanent Care Team and attend an information session. These are different depending on whether you have an interest in adopting or in permanent care. You can attend either, or both, to explore all the options.
17. how long does the adoption and permanent care process take?
Such an important process can’t be rushed. It depends to some extent on the availability of information and training sessions. It depends too on how quickly you get your paperwork in. Once your application and other documentation are lodged, your adoption and permanent care program can organize interviews with you depending on their resources and priorities. Once the interviews have taken place, a decision will usually be made about your application within a few weeks. After your application has been approved, you’ll need to wait until an appropriate match with a child can be made. This final stage can take some time, and you should be aware that even once you’ve been approved, there’s still no guarantee of an appropriate match.
The process of taking a child into permanent care is usually faster than adoptions since there are more children in need of loving families who can provide this sort of care.
18. would I get any training?
Yes. After you attend an information session you can apply to attend education sessions, which run over several days. After your application is approved you get support and often the offer of further training from your Adoption and Permanent Care Team.
19. how does the approval process work?
The first step is to decide whether you’re interested in adoption or permanent care. Once you have done that you’ll need to attend an information session. The next step will be to attend the training sessions.
Once you have completed the training you make your application. You’ll need to provide documentation. Once all of this is complete, you’ll have a number of interviews with workers from your team, who will then write a report for a committee to consider your application for approval.
20. how are carers matched with a child?
Throughout the process you’ll work with the Adoption and Permanent Care Team to establish the best match with a child. Consideration will be given to many factors, for example the right of children to maintain links with their past, including their culture of origin.
Birth parents who relinquished their child for adoption have the opportunity to express in writing their preferences about religion, race and ethnic background of the adoptive parents after they sign consents to adoption. When a baby is ready for placement, birth parents can also express a preference about a specific adoptive family from
21. how much involvement do birth family members have?
The circumstances of their birth are important for children who’ve been adopted or who are in permanent care. It’s part of their identity.
Children have a right and a need to know their background so ongoing contact is important. Issues may arise over time, as it does in any relationship, but with goodwill and commitment to the child’s best interests, contact can have many positive benefits to all concerned.
With Adoption, it is expected that ongoing contact will form part of the Adoption Order. With permanent care, such arrangements must always form a part of the permanent care order.
This is a sensitive area, and of course the Adoption and Permanent Care Team will always be there to help you.
22. what kind of help could I expect?
The Adoption and Permanent Care Team will guide you through the application process. They’ll be there to help you and your new child after placement and after the legal order is granted.
23. what about adoption by stepparents?
When adoption was the only legal order available, it was common for stepparents or a birth parent’s relatives to adopt children. The law has changed due to concerns that adoption by stepparents or other family members cut legal ties to the non-custodial parent and extended family, and can distort family relationships.
A child may now only be adopted by a stepparent if the court is satisfied that there are exceptional circumstances.
The Stepchildren and Adoption brochure explains the legal situation in regard to stepchildren and adoption in Victoria.
24. how does adopting here compare with adopting a child from overseas?
Decisions about all adoptions, here and overseas, are made in the best interests of the child. To that extent they’re the same. The process of adopting children from overseas, however, is more complicated, involves added expense, and can take longer.
The Intercountry Adoption Services is responsible for arranging these adoptions.