Adoption is a life-changing journey that brings joy and fulfillment to both children in need of a loving family and individuals or couples seeking to expand their own. In New South Wales, the adoption process is well-regulated, ensuring the best interests of the child are always the top priority.

What is adoption?

Adoption is the permanent transfer of all legal parental rights and responsibilities from a child’s birth parents to the proposed adoptive parent. This results in the child having the same rights and responsibilities as any other child of the adoptive family, which allows the child to take the last name of the adoptive parents, the adoptive parents to make usual parenting decisions in relation to the child and have all the usual rights of a child to inherit their parent’s estate. Once adoption occurs, the child is no longer considered legally related to their birth parents however this does not necessarily mean the child is to cease having a relationship with the birth parents.

Adoption in NSW is governed by the Adoption Act 2000 (NSW), which outlines the legal framework for prospective parents. The primary objective of the Act is to ensure that the child’s welfare is protected, and their best interests are met throughout the adoption journey.

Adoption is a process that must be undertaken in the Supreme Court of NSW and is a process that recognises the sensitivity that comes with the transfer of the status of a parent. The Court and all parties involved are required to understand the significance and long-lasting effect of removing the parentage of a child and allocating parentage to another person.

Eligibility and Requirements

If you are considering commencing the adoption process, there are the following preliminary criteria that you must firstly meet;

1. Has the child to be adopted been residing in NSW for at least three months prior to when the adoption application is to be made?
2. If the child to be adopted of Aboriginal or Torres Strait Islander descent?
3. Is the adoptive parent a permanent resident of Australia?
4. Is the adoptive parent at least 21 years old and at least 18 years older than the child to adopted?
5. Is the child at least 5 years of age?
6. Has the adoptive parent resided with the child to be adopted for a continuous period of at least 2 years before the adoption application is to be made?
7. Do all the parties (the birth parents, the adoptive parents, and the child if at least the age of 12) consent to the adoption?
8. Is adoption preferrable to any other action that could be taken by law (such as a parenting order in the Federal Circuit and Family Court of Australia)?

Choosing the Right Adoption Pathway

In NSW, there are various adoption pathways, each with its own specific requirements and legal processes. These pathways include:

1. Local Adoption: Involves adopting a child who is a ward of the state or is voluntarily relinquished by their birth parents.
2. Intercountry Adoption: Pertains to adopting a child from another country. The process involves collaboration with the Australian government and the child’s birth country authorities.
3. Step-child Adoption: This occurs when a stepparent seeks to adopt their partner’s child from a previous relationship.
4. Relative/kinship Adoption: Involves adopting a child within the extended family, such as a grandchild, niece, or nephew, when their biological parents are unable to care for them.

The process thereafter requires an application to the Supreme Court of NSW and all parties where applicable must have undergone counselling and provided their written consent following such counselling.

Legal Representation

Given the intricate legal aspects involved in adoption, seeking expert legal advice is crucial. Engaging a qualified adoption lawyer who specialises in family law and adoption will provide you with valuable guidance throughout the process, ensuring your rights and the child’s rights are protected.

Conclusion

Adoption in New South Wales is a beautiful and rewarding journey, but it requires careful consideration and adherence to legal requirements. Adoption may come in many forms as the circumstances of the child, the adoptive parents, and birth parents are never the same and each family is unique.

To better understand whether adoption is the right step for you, and to embark on the journey with knowledge and guidance, contact us at (02) 8379 1892 or info@barkerevans.com.au to book a free initial 15-minute consultation.