LexisNexis Practical Guidance®
Straightforward guidance across a range of topics
  • Adoption
  • Adoptions within a state or territory

Overview — Adoption — State and territory


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)

Adoption — State and territory base


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.

See Adoption — Western Australia.