Adoption — State and territory
Adoption — Inter country adoption
Adoption — Intra family adoption
Adoption is the legal process in which a child ceases to be the child of its biological parents and becomes the child of another person(s). In that process the legal rights and responsibilities are transferred from the birth parents to the adoptive parent/s although they may be subject to conditions. The rights and responsibilities of parenthood are final and binding even where the adoption order is later revoked.
There are three types of adoption:
- • Intercountry adoptions are the adoption of a child or children from another country by Australian citizens or permanent residents. In 2017/18 there were 330 adoptions finalised in Australia, of which 65 were intercountry adoptions. Of these adoptions, 62% were adoptions from bilateral countries, which are countries who are signatories of the Hague Convention on Protections and Co-operation in Respect of Intercountry Adoption (“the Hague Convention”), to which Australia became a party in December 1998. 97% of intercountry adoptions were for adoptees from Asian countries.
- • Local adoptions are the adoption of a child or children born or permanently residing in Australia, but who generally have had no previous contact or relationship with the adoptive parents. In 2017/18 there were 32 local adoptions which represents 9.6% of adoptions in Australia for that period.
- • "Known" child adoptions are the adoption of a child or children born or permanently residing in Australia who have a pre-existing relationship with the adoptive parent(s), usually as step-parents, carers or other relatives. In 2017/18 there were 233 "known" child adoptions.(Australian Institute of Health and Welfare [AIHW], 2018)
New South Wales
Adoption within New South Wales is governed by the Adoption Act 2000 (NSW) and Adoption Regulation 2015 (NSW). This legislation set out how the adoption process is conducted and how arrangements are to be made. The Supreme Court of NSW Equity Division Practice Note EQ 13-Adoptions sets out the procedural requirements to be met when filing.
See Adoption — NSW.
Victoria
Since the 1980’s, adoption in Victoria has been governed by:
- •the Adoption Act 1984 (Vic) — which determines the fundamental requirements, such as those surrounding the parents’ decision to have the child adopted and who is allowed to adopt a child;
- •the Adoption Regulations 2008 (Vic) — which contain procedural details and forms; and
- •the Supreme Court (Adoption) Rules 2015 (Vic) (the Adoption Rules) — which set out the court application process.
See Adoption — Victoria.
Western Australia
- •Adoption in Western Australia is governed by the Adoption Act 1994 (WA) and the Adoption Regulations 1995 (WA) and Adoption Rules 1995 (WA). In November 2018 a statutory review of the Adoption Act 1994 (WA) was completed. The final report can be accessed here at the Department of Communities Child Protection and Family Support website. At the time of writing a bill amending the Adoption Act 1994 (WA) is yet to be introduced although it is anticipated to occur shortly.
Practice Tip: The Family Court of WA has on its website useful information summarising the legislative framework, court processes and required forms for adoptions in Western Australia.
Adoption is the legal process where legal rights and responsibilities are transferred from the birth parents (or the Minister) to the adoptive parents. Adoption confers all the rights and responsibilities of parenthood and is final and binding unless the order has been obtained by way of fraud, duress or other improper means.
Inter-country adoptionAdoption can also take place where the prospective parents live in Australia and the child lives in another country. Most commonly the adoption process takes place when the child lives in a country that is party to the Hague Convention on the Protection of Children and co-operation in respect of inter country Adoption. The Department of Families and Community Services is the Central Authority for the Convention in this type of adoption in New South Wales (NSW).
Adoption is the legal process where legal rights and responsibilities are transferred from the birth parents (or the Minister) to the adoptive parents. Adoption confers all the rights and responsibilities of parenthood and is final and binding unless the order has been obtained by way of fraud, duress or other improper means.
Intra family adoptionThere are circumstances where an adoption takes place within the family. This is known as intra family adoption. This type of adoption takes place when family members (relative adoption) adopt a child, usually when that child is in the care of the Minister or, where a step parent adopts a child of their partner.
In adoptions within New South Wales, intra family adoptions are governed by the Adoption Act 2000 (NSW) and Adoption Regulations 2003 (NSW).
A relative is described in the Act as a grandparent, son, daughter, grandchild, brother, sister, uncle or aunt of a person:
- •whether the relationship is of the whole blood or half blood or by marriage, and
- •whether or not the relationship depends on the adoption of a person.
When considering adoption the emphasis is that the best interest of the child concerned, both in childhood and later life, must be the paramount consideration.
