Choosing a godparent is a heartfelt decision for many families. Often it’s someone close, trusted, and deeply loved; someone you hope will play a guiding role in your child’s life. But when it comes to legal rights and responsibilities, many parents wonder: is a godparent a legal guardian in Australia?
Understanding the difference between the symbolic role of a godparent and the legal responsibilities of a guardian can help you make more informed decisions about your child’s future. In this article, we explore what legal guardianship means under Australian and Queensland law, whether a godparent has any automatic legal standing, how to formally appoint a guardian in your will, and what to do if no guardian has been named. We’ll also explain what options are available if you’re a godparent seeking legal authority to care for a child.
What Is the Role of a Godparent?
Traditionally, a godparent is chosen during a religious or cultural ceremony, such as a baptism, to support a child’s spiritual development and provide mentorship. The role is personal and meaningful, but it does not carry any legal status or authority under Australian law.
Put simply, being named a godparent does not make someone a legal guardian.
What Is Legal Guardianship in Queensland?
Legal guardianship refers to the authority to make decisions about a child’s welfare (such as education, healthcare, and living arrangements) when a parent is unable to do so. In Queensland, guardianship arrangements are guided by the Family Law Act 1975 (Cth) and the Child Protection Act 1999 (Qld).
Legal guardianship may be granted to:
- A surviving parent
- A person appointed in a parent’s valid will (known as a testamentary guardian)
- A person appointed by the court
It is not something that occurs automatically, even if a godparent has a close relationship with the child.
How to Appoint a Godparent as a Legal Guardian
If you want your child’s godparent to also be their legal guardian in the event something happens to you, you must make that intention legally clear by appointing them in your will. This is known as testamentary guardianship.
This appointment must be:
- Clearly stated in your will
- Made with the godparent’s agreement
- Aligned with the best interests of the child, as the court has the final say
Even with a valid appointment in place, the court may override it if there is evidence the arrangement is not in the child’s best interest.
Planning Tip: If you’re a parent, now is the time to check your estate plan. Do your guardianship wishes reflect your current circumstances and relationships?
Can a Godparent Become a Legal Guardian Later?
Yes. If a child’s parents are no longer able to care for them and no testamentary guardian has been appointed, a godparent can apply to the Federal Circuit and Family Court of Australia to become the child’s legal guardian.
The court will consider:
- The existing relationship between the godparent and the child
- The child’s wishes, depending on their age and maturity
- The stability and suitability of the godparent’s home
- The overall best interests of the child
What Happens If No Legal Guardian Is Appointed?
If a parent dies without a will or without naming a guardian, and there is no other parent or legal carer able to assume responsibility, the Department of Child Safety, Seniors and Disability Services may step in. The court can then make a decision about long-term care arrangements.
The matter may then be referred to the Federal Circuit and Family Court of Australia, which will assess the child’s circumstances and decide who should be granted guardianship. The court will always prioritise the child’s best interests, but this process can be lengthy, uncertain, and stressful – particularly for family members, like a godparent or close relative, who may wish to care for the child but have no formal legal standing.
This uncertainty is one reason why having a legally valid will is so important.
Is a Godparent a Legal Guardian in Australia? Here’s What You Need to Know
At Pullos Lawyers, we understand that navigating guardianship decisions can feel overwhelming, especially when the people you trust most, like a godparent, are already playing an important role in your child’s life. But while a godparent may be deeply involved, they are not a legal guardian unless formally appointed through a valid will or court process. Without these legal steps, their ability to make decisions or care for the child if something happens to the parents is limited.
If you’re wondering how to make a godparent a legal guardian in Australia, it’s important to seek advice from professionals who can help. Our experienced team can guide you through preparing a legally binding will, appointing a guardian, and ensuring your broader estate planning reflects your true intentions. Whether you’re updating your will, considering your options as a godparent, or thinking ahead about your children’s care, our team is here to support you with clarity and compassion.
We also offer advice across a wide range of interconnected areas, including separation and divorce law, child support, wills and estate planning, and international family law, so you can feel confident that every part of your plan is legally protected and aligned with your family’s needs.
Get in touch with Pullos Lawyers today to arrange a confidential conversation. We’re here to help you plan with certainty, protect the people you love, and move forward with peace of mind.
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