Queensland Government
Department of Communities, Child Safety and Disability Services

Most step-families formalise family relationships without adoption. Custodial and non-custodial birth parents often reach agreement about the ongoing care of their children, including issues associated with the role of the step-parent in the child's care, without adoption.

Families usually formalise relationships through parenting orders from the Family Court of Australia, legally changing the child's surname and/or making arrangements to secure the child's inheritance rights.

There is wide acceptance of various family formations in the community and recognition that step-families and blended families do not require adoption to develop legally secure and caring relationships.

Table of contents:

Parenting Orders

In Queensland, as in all Australian states, it is now possible for relatives or a step-parent to obtain legal security for caring for a child through orders made by the Family Court of Australia.

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:

  • with whom the child will live
  • 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 with whom they do not live, or other significant people
  • any other aspect of the care, welfare or development of the child.

Further information about parenting orders is available from the Family Court of Australia.

Change of surname

Some families are concerned that a child may have a different surname 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 prior relationship.

Having different surnames 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 surname:

  • Common law arrangements - A parent can change a child's surname 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 surname - The Births, Deaths and Marriages Registration Act 2003 includes provisions for the Registrar to record a change to a person's surname on their birth certificate, in certain circumstances.

Inheritance rights

Parents can make provision in their wills to ensure that 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 obtain further information about securing children's inheritance by contacting a solicitor or the Queensland Public Trustee.

Step-families can also safeguard the future of the children in their family by nominating a future guardian for the children in their will.