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Adoption

Information about the different types of, and processes for, adoption in NSW.

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    If your child is being considered for adoption, you should get legal advice.

Adoption is the process where the legal rights and responsibilities for a child are transferred from the child’s parents to their adoptive parent(s).

When a child is adopted, they become a legal member of the adoptive family and have the same rights and responsibilities as any other child in the family. They can legally use the adoptive family’s last name. They will automatically inherit the property of the adoptive parent(s), just like any other child in the family.

The adoptive parents will be responsible for making all the parental decisions about the child’s care and upbringing.

Adoption ends the legal relationship between a child and their birth parent(s).  

However, adoption does not end the biological and emotional connection between a child and their birth parent(s). A child can still have a relationship with their birth parent(s), siblings, and extended family even though they are no longer legally related. 

Open adoption is the current practice in Australia for both domestic and intercountry adoptions. It supports adopted children to remain connected to their birth family and cultural heritage.

For more information, see What is open adoption on the Department of Communities and Justice website.

In NSW, adoption orders are made in the Supreme Court of NSW.

Out-of-home care adoption is where a child or young person is adopted by their out-of-home carer. 

Under the permanent placement principles, a child in care may be adopted by their carer where:

  • the child can’t be restored to the care of either parent, and
  • guardianship can’t be provided by a relative, kin or other suitable person.

Adoption of Aboriginal children can only be considered where it is preferable to any other order, including parental responsibility to the Minister. 

For more information, see Out-of-home care adoption on the Department of Communities and Justice website.

Local adoption is where a child’s birth parents put their child up for adoption. 

The Department of Communities and Justice provides adoptions services in NSW for parents considering adoption for their child and families looking to adopt a child. 

For more information, see Adopting locally on the Department of Communities and Justice website.

Intercountry adoption is where an Australian citizen or permanent residence adopts a child from overseas. It occurs when a child can’t be given a permanent and stable home with a family in their birth country.

The Department of Communities and Justice is the only agency in NSW that can arrange intercountry adoption.

Private intercountry adoptions are illegal and serious penalties apply.

For more information, see the Intercountry Adoption Australia website. 

Special needs adoption is where a family adopts a child with a disability or special needs.

The Department of Communities and Justice helps to find an adoptive family for the child that can meet their individual emotional, psychological, physical and social needs. 

For more information, see Adopting children with special needs on the Department of Communities and Justice website.

Intrafamily adoption is where a child is adopted by:

  • a stepparent - the spouse or de facto partner of the custodial parent
  • a relative, such as a grandparent, aunt, or uncle.

The Department of Communities and Justice is not involved in most intrafamily adoptions. This is usually a private family matter.

For more information, see Adopting within the family on the Department of Communities and Justice website.

Ways to get help

Ways to get help

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

Early Intervention Unit

The Legal Aid NSW Early Intervention Unit provides advice and representation to parents where their child is being considered for adoption.