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 adoption

Adoption 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).

See Inter-country adoption.