Adoption Consent in Victoria: How It Works and What Birth Parents' Rights Are

The consent process is the most legally sensitive part of Victorian adoption, and for good reason. The Adoption Act 1984 was specifically designed to prevent coerced consent — a direct response to the forced adoption practices of the mid-twentieth century, when thousands of Victorian mothers signed papers without genuine choice. The consent framework that exists today is built around protecting birth parents from making irreversible decisions under pressure.

This guide explains how consent works for both birth parents and prospective adoptive parents — who needs to consent, when, and what the rules are around revoking or dispensing with it.

Who Must Give Consent

Under the Adoption Act 1984, the following people must consent to an adoption before the County Court can make an adoption order:

Birth mother. Consent is always required from the birth mother, with specific timing restrictions (see below).

Birth father. Consent is required if the father is registered on the birth certificate, has lived with the birth mother in a domestic relationship, or holds a parenting order in relation to the child. An unmarried biological father who has no legal relationship with the child does not automatically need to consent, though the court will consider whether attempts have been made to notify him.

The child. If the child is 12 years old or older and of sufficient maturity to understand the nature of adoption, their own consent is required.

The 30-Day Rule: When Birth Mother Consent Can Be Given

This is the most important timing requirement in Victorian adoption law. A birth mother cannot give valid consent to the adoption of her child until at least 30 days after the birth.

This waiting period exists to ensure that birth mothers are not pressured into signing consent documents in hospital maternity wards — a practice that was common in the forced adoption era. The 30 days gives birth mothers time to recover physically from birth, to receive counselling about all available options, and to make a genuinely informed decision.

Consent given before the 30-day period has elapsed is void. It does not create a valid adoption process, and any prospective adoptive family relying on premature consent has no legal standing.

The 28-Day Revocation Period

Even after valid consent is given, the birth mother — and any other consenting birth parent — has a further 28 days to revoke that consent. During this period, they can change their mind and withdraw consent without needing to provide reasons or to persuade a court.

After the 28-day revocation period expires, consent becomes irrevocable unless the court is persuaded that it was obtained by fraud, duress, or misrepresentation. Revocation is not a back-door way to undo a genuine change of heart — it is a specific right during a defined window.

If consent is revoked within 28 days, the adoption process stops. The child remains with the birth parent.

What Happens at the Consent Counselling Appointment

Before a birth parent gives consent, they must receive information and counselling from an authorised person — typically a social worker at one of the accredited agencies (Anglicare, CatholicCare, Uniting, or Child and Family Services Ballarat).

The counselling covers:

• The legal consequences of adoption — including that it permanently extinguishes the legal parent-child relationship
• Alternatives to adoption, including parenting with financial support, kinship care, and Permanent Care Orders
• The child's right under Victorian law to access identifying information about their birth family as an adult
• What open adoption arrangements might look like, including ongoing contact options

The birth parent must demonstrate genuine understanding of these matters before consent is recorded. The consent document is a formal legal instrument signed in the presence of a witness.

Dispensing with Consent: Section 43 of the Act

There are circumstances where the court can make an adoption order without the consent of a birth parent. Section 43 of the Adoption Act 1984 allows the court to dispense with consent where:

• The parent cannot be found despite reasonable inquiries
• The parent is incapable of giving consent due to a physical or mental condition
• The parent has abandoned or ill-treated the child in a manner that the court considers sufficient grounds
• Other serious reasons — this is a residual category that the court interprets narrowly

Applying to dispense with consent is an adversarial process. If the birth parent is eventually located and objects, the matter can become contested. It is the most legally complex scenario in the Victorian adoption process and should be handled with the assistance of an experienced family law solicitor.

The 2017 Victorian Law Reform Commission review recommended that dispensation hearings should occur earlier in the process — before significant investment has been made by the prospective adoptive family — to avoid late-stage disruptions. The practical reality is that they still often arise late.

What Birth Fathers Need to Know

Birth fathers' consent rights depend on their legal relationship with the child. If you are a biological father who is not registered on the birth certificate and has not been in a domestic relationship with the birth mother, your legal rights in relation to a relinquishment adoption are limited.

However, under Part 3 of the Adoption Act, reasonable attempts must be made to notify you about the adoption process. A court cannot make an adoption order without the judge being satisfied that the birth father's situation has been properly considered. If you want to assert rights in relation to an adoption proceeding, you should seek legal advice immediately — the timelines are short.

For Prospective Adoptive Parents: What Consent Means for Your Process

Prospective adoptive families do not deal with consent directly — that is managed between the birth parents and the agency. But understanding the consent framework matters for two reasons:

Certainty. The 28-day revocation period means that after placement, there is a window during which the birth parent can still change their mind. This is emotionally difficult for families to navigate. It is a real part of the process, not an administrative technicality.

Dispensation risk. If you are involved in a step-parent adoption or a known-child adoption and the other birth parent will not consent, you are entering a legal process — not just a paperwork process. Budget time and legal costs accordingly.

For a full guide to the Victorian adoption process — including how the consent and revocation process is managed by agencies, what the County Court requires for dispensation applications, and how to navigate every stage of the assessment — the Victoria Adoption Process Guide covers it in practical terms.

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