Can you get custody of a child that’s not yours (non-biological parent custody rights)?

When it comes to raising a child it doesn’t always mean being their biological parent. In some situations, a step-parent, grandparent, or long-term guardian may step into a parenting role, and want legal recognition of that. So, can you get custody (parental responsibility) of a child who isn’t biologically yours? In Australia, the answer is yes, but there are specific legal steps involved.

Non-biological carers can apply to the Family Court for parenting orders, including for the child to live with them or to have parental responsibility. Non-biological carers can include:

• Step-parents
• Grandparents
• Other relatives (like aunts, uncles, or older siblings)
• Long-term guardians or carers

To seek parental responsibility, the non-biological parent must show that it’s in the child’s best interests. This involves:

• Filing an application with the court
• Providing evidence of your relationship and involvement in the child’s life
• Demonstrating that your care offers stability, safety, and emotional support

You don’t have to be a biological parent to be considered a meaningful figure in a child’s life, but you do need to prove it legally.

Seeking custody as a non-biological parent can be complex. In some cases, the court may appoint an Independent Children’s Lawyer (ICL) under section 68L of the Family Law Act 1975 to help determine what arrangement is best for the child. Some challenges may include:

• Objections from biological parents, especially if they want the child in their care
• Proving long-term stability, financial ability, and a safe living environment
• Emotional and legal complexity, especially if the situation involves trauma or family conflict

While it’s absolutely possible to get custody of a child who’s not biologically yours, it’s not automatic. The court will always prioritise the child’s best interests above all else. If you’re caring for a child and want to make that role official, it’s important to seek legal advice to understand your options and how to navigate the process.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.