Alternatives to step-parent adoption
Custodial and non-custodial birth parents often reach agreement by developing legally secure and caring relationships for their children, without adoption.
Families may formalise relationships through parenting orders, legally changing the child's family name and/or making arrangements to secure the child's inheritance rights.
Parenting orders
A parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it.
A parenting order may deal with one or more of the following:
- who the child will live with
- how much time the child will spend with each parent and with other people, such as grandparents
- the allocation of parental responsibility
- how the child will communicate with a parent or other significant people they are not living with
- any other aspect of the care, welfare or development of the child.
More information about parenting orders is available from the Federal Circuit and Family Court of Australia.
Change of family name (surname)
Some families are concerned that a child may have a different family name from other members of the family. This is often the case for families who have children born to the marriage and a child born to a previous relationship.
Having different family names can be difficult for both children and parents when informing schools, services and organisations of the child's identity.
The following options are available when considering a change of family name:
- Common law arrangements - A parent can change a child's family name to the mother's new marriage name and the child can be known by the new name. Common law arrangements are recognised for most purposes. However, a child's name as it appears on his or her birth certificate must be used for legal documents, such as passports and marriage certificates
Change of family name - In certain circumstances the Births, Deaths and Marriages Registration Act 2003 includes provisions for the Registrar to record a change to a person's family name on their birth certificate.
Inheritance rights
Parents can make provision in their wills to ensure their child has the right to future inheritance from a step-parent. Step-grandparents can also make separate provision in their wills for their step-grandchildren.
Step-families can:
- safeguard the future of the children in their family by nominating a future guardian for the children in their will
- find more information about securing children's inheritance by contacting a solicitor or the Queensland Public Trustee.