Get parental responsibility for a child
How to get permanent parental rights and responsibilities if you are a foster carer, kinship carer or stepparent.
If you want to become a child’s legal parent, you can apply to a court for parental rights and responsibilities.
Depending on your situation, you may be able to apply for:
- Enduring Parental Responsibility
- The Federal Circuit and Family Court parenting orders
- an adoption court order.
For foster carers and kinship carers
Enduring Parental Responsibility will give you permanent parental responsibility for a child in your care.
It transfers all parenting rights and responsibilities to you.
It does not change the child’s birth certificate or name (their legal identity).
The child will still have contact with their biological parents and family if it is best for the child.
You will still get a carer allowance for the child.
Applying for Enduring Parental Responsibility
If you've cared for a child for 12 months or more, you can talk to your ACT case manager about caring for the child permanently.
Your case manager can start a permanency assessment if:
- the child cannot be reunited with their birth family
- you can show you can care for the child.
Child and Youth Protection Services will help you apply to the ACT Childrens Court for an Enduring Parental Responsibility order.
For stepparents
If you're a stepparent, a Federal Circuit and Family Court parenting order will give you:
- the right to participate in major decision making in your stepchild’s life
- legal responsibility for your stepchild’s care.
Parenting orders do not:
- change your stepchild’s birth certificate
- provide automatic inheritance rights to your stepchild.
Applying for parenting orders
You can apply for parenting orders in the Federal Circuit and Family Court.
For help to apply for a parenting order, contact a lawyer or the Federal Circuit and Family Court Deputy Registrar.
Changing your stepchild's last name
Your stepchild could take on your last name as their legal name. This will not give you legal parental responsibility.
Both birth parents need to agree to the name change.
If your child is aged 14 or older, they must give their consent.
Your stepchild's birth parent can apply to change their child's name at Access Canberra.
Adoption
Adoption is another way to become a child’s legal parent.