Probably way ahead of myself here, but I wonder if anyone knows the legalities with regards to your Thai spouse's child (you are not the father).

In Australia, is it wise to, or necessary to legally adopt the child, or is his/her status sufficient in 'common law' to be fully protected with you having full parental custody, say for example by some horrible happening your wife died. Also for the purposes of tax and family benefits, is my above question again relevant.

I am quite sure many have been through this, and although it is possibly a long way off, it is something both my girlfriend and I would like to be sure off.

Thanks.

not necessary, you will be the legal guardian. You will be entitled to full tax and family benefits, Tax and family benefit regards a child starts from date of arrival. for the GF if she is your spouse when she applies to come here you can start claiming her for tax from the date of lodgement for spouse visa

not necessary, you will be the legal guardian. You will be entitled to full tax and family benefits, Tax and family benefit regards a child starts from date of arrival. for the GF if she is your spouse when she applies to come here you can start claiming her for tax from the date of lodgement for spouse visa

Thanks, that's very useful. So as soon as I marry her I become the child's legal guardian as well, is that right?

Cheers.

not necessary, you will be the legal guardian. You will be entitled to full tax and family benefits, Tax and family benefit regards a child starts from date of arrival. for the GF if she is your spouse when she applies to come here you can start claiming her for tax from the date of lodgement for spouse visa

Thanks, that's very useful. So as soon as I marry her I become the child's legal guardian as well, is that right?

Cheers.

pretty much, but that doesnt diminish the rights of the biological father

Edited October 22, 201015 yr by gburns57au

The one time you might have a problem is if your wife dies. I remember several years ago a case where Thai mother and the Australian husband had died. The Australian Grandparents were raising the Thai child in Australia. There was a long (years) legal battle for them to be able to keep her there in Australia as she was not legally adopted. She, the child, had been in Australia since very young and knew no other lifestyle. There apparently were no known relatives in Thailand, and even if there were she had never met them.

Not quite the same as just a wife dying, but it does give you a feeling for the attitude of Australian immigration regarding a child.

OK, thanks to the last two contributors. It looks as though legal adoption, though not essential, wouldn't be a bad idea. I have not met the biological father, but from what my GF says he (at the moment) is happy as long as the boy has a better life. Now I suppose it is not beyond the realms of possibility that this (in my opinion, and I am not just saying this like all 'parents' do) clever little boy will blossom under the Australian education system and become a valuable commodity as it were. Maybe to cover all our basis I should legally adopt him sometime along the way.

Cheers guys.