Do We Need to Interview Children Under 12 in a Stepparent Adoption?

A Simple Guide for NSW Families

​Stepparent adoption is an important decision. It legally confirms a relationship that already exists and gives a child long-term security and stability.

In New South Wales, stepparent adoption permanently changes a child’s legal status. Because of this, the Court must make sure the adoption is in the child’s best interests, even when everyone agrees.

At CASS (Counselling and Social Support Services), we often hear this question from parents:

    “Will my child be interviewed? I don’t want to make them sad or confused.”

This concern is extremely common. Parents want to protect their child. This is especially true when the biological parent does not participate in the child's life.

Below is a clear explanation of what truly happens.

Does the Court Need to Think About What the Child Wants?

Yes, the Supreme Court must consider the child’s views under the Adoption Act.

But this does not mean:

• a formal interview
• difficult questions
• asking the child to make decisions

The Court simply needs to understand whether the adoption matches the child’s real life.

The assessor looks at:

• how the child experiences their family
• whether they feel safe and secure
• their daily life with the stepparent
• whether the stepparent already acts as their parent

For most children, this happens naturally and gently.

A Common Worry Parents Have

Many families worry that involving their child could:

• confuse them
• raise questions they are not ready for
• affect their emotional stability

This is especially common when the biological parent:

• lives overseas, or
• has had no contact for many years

These worries are normal and make sense.

How CASS Works With Children During Assessments

Our approach is child-safe, gentle, and age-appropriate.

1. No Formal Interview

They do not interview children.
No one tests or questions them about adoption or court matters.

2. No New Information Is Shared

We do not tell children:

• about adoption laws
• about legal changes
• about birth certificates
• about court processes

Children are never told anything they do not already know.

3. Natural, Everyday Interaction

During the home visit, we may spend a short time with the child.
This looks like normal conversation about:

• school
• hobbies
• pets
• daily routines

4. Observation Is More Important Than Talking

Most information comes from observing:

• how the child interacts with the stepparent
• comfort and attachment
• family routines

This avoids pressure on the child.

5. The Child’s Comfort Comes First
​
If a child seems tired, shy, or uncomfortable, we adjust immediately.
Their emotional safety always comes first.

Why This Approach Is Best for Children

This approach allows the Court to meet legal requirements while ensuring:

• no stress for the child
• no confusion about family roles
• no pressure to choose between parents
• no disruption to the child’s life

For many children, the assessment simply reflects the family they already know.

What Parents Can Expect in a Stepparent Adoption Assessment

A typical assessment includes:

• an initial screening
• background and safety checks
• interviews with the adults
• a home visit
• child-focused observation
• contact with the biological parent
• consent paperwork
• cultural and identity planning
• a report for the Supreme Court

Most assessments take 35–50 hours, depending on the situation.
Straightforward cases usually take less time.

Support for Stepparent Adoption in NSW

CASS supports families across NSW, including situations where:

• the biological parent lives overseas
• consent is complex
• the child has little or no relationship with a biological parent
• families want a calm, child-focused process

Our work always puts the child’s wellbeing first.

Thinking About Stepparent Adoption?

​To understand the process or discuss your situation, CASS offers confidential consultations.

Website: www.counsellingandsocialsupport.com.au
Email: [email protected]
Phone: 0404 668 665
Service Areas: NSW, QLD, VIC (expanding)