Have you considered formalising your relationship with a stepchild or grandchild? Intrafamily adoption offers a legal pathway for relatives—such as stepparents, grandparents, or extended family members—to adopt a child already in their care. This process not only strengthens family ties but also provides the child with lasting legal and emotional security.
What is Intrafamily Adoption?
Intrafamily (or relative) adoption refers to the legal adoption of a child by a family member, such as a stepparent, grandparent, aunt, uncle, or sibling. While the child may already be part of the family in practice, this legal recognition grants the adoptive parent full parental rights and responsibilities.
Each state and territory in Australia has its own adoption legislation and processes, but all are guided by one fundamental principle: the best interests of the child. This includes their safety, stability, and emotional wellbeing.
Key Differences from General Adoption
Unlike general or intercountry adoptions—where children are often placed with unrelated adoptive families—intrafamily adoption typically involves a child who already has a strong, established relationship with the applicant. This form of adoption focuses more on formalising existing caregiving arrangements rather than creating a new parental relationship from scratch.
Benefits of Intrafamily Adoption
- Legal Security: Adoptive parents gain full legal authority over the child, including decision-making on education, healthcare, and day-to-day care.
- Emotional Stability: Adoption confirms and strengthens the family bond, offering the child a deeper sense of belonging.
- Inheritance and Legal Rights: Adopted children receive the same legal rights as biological children, including inheritance.
- Continuity of Care: Particularly where a biological parent is absent or unable to provide care, adoption by a close relative can minimise disruption in the child’s life.
- Preservation of Family Connections: Children remain connected to their biological roots while receiving the care and protection of trusted relatives.
Who Can Be Adopted?
Children under 18 years of age who have been living in a stable, family-like arrangement with a relative may be eligible for adoption. Common scenarios include:
- Stepparents adopting stepchildren
- Grandparents adopting grandchildren
- Aunts, uncles, or older siblings adopting younger relatives (subject to eligibility)
Who Can Adopt?
A child’s step-parent is eligible to apply to adopt the child if the:
- person is an adult who lives in Queensland and is an Australian citizen (or the partner of an Australian citizen)
- person lives with the child and partner and has done so for at least 3 years
- person has been granted leave by the Family Court of Australia under the Family Law Act 1975 (Commonwealth) to start adoption proceedings
- child is at least 5 years old and not more than 17 years old; applications may be accepted in relation to a child who has turned 17 but is not yet 18 in some circumstances (see below).
Considering Intrafamily Adoption? We’re Here to Help
Intrafamily adoption is a powerful way to provide legal certainty and emotional security to a child already at the heart of your family. If you’re thinking about taking this step, our team can guide you through the process with clarity and care.
Appointments can be made by emailing us at hello@thefamilyvillage.com.au or using the link below.
