Understanding NSW Adoption Laws

Co-authored by Grace Jolly

KEY TAKE OUTS:

• In NSW, to legally adopt a child the Supreme Court is the governing body, with an eligibility criterion which considers age, residency and the meeting of legislative standards.
• Modern adoption now places an emphasis on openness to ensure adopted children have legal rights to know their origins and have access to ongoing connections with their birth parents.
• Post-adoption services are crucial in the adoption process, as they provide continual support and assistance to all parties involved.

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What is adoption?

Adoption is a legal process where all legal rights and responsibilities for a child is transferred from the child’s birth parents to the adoptive parents. The word ‘adopt’ means to ‘choose and accept as one’s own’.

 

Who can adopt?

In New South Wales, adoptions are made legally binding by the Supreme Court. You must be at least 21 years old, a resident or domiciled in NSW and meet the legislated criteria for adoption applicants.
Birth parents will always have a biological and emotional connection to their child, but once the adoption process has occurred, they stop being legally related to them. Although the legal relationship is tied, it does not prevent one from having a relationship or ongoing connection with your child.

 

What types of adoption are there?

In NSW there are five different types of adoption:

1. Out-of-home care adoption of a child living in foster care;
2. Local adoption of a child born or permanently living in NSW;
3. Intercountry adoption of a child from overseas;
4. Special needs adoption of a child with disability or special needs;
5. Intrafamily adoption of a stepchild or child within your family.

The Adoption Process:

To provide the child with the best possible adoptive outcome, the process to become an adoptive parent is thorough and lengthy.
It involves an application and assessment to make sure that a person can fulfill the responsibilities required to become an adoptive parent. The need for permanent carers and adoptive parents is greatest for children who are in out-of-home care.
Each type of adoption has a slightly different process: –

• Prospective adoptive parents must meet the eligibility criteria set by the NSW Department of Communities and Justice (DCJ) or an accredited out-of-home care provider. Typically, this criterion requires prospective parents be over 21 years old, residents of NSW and undergo appropriate suitability assessments such as background checks, interviews and home visits.
• Once prospective parents submit an the appropriate application, the DCJ will facilitate the matching process, taking into account the child’s needs and the prospective parents’ preferences and capabilities.
• If an appropriate and suitable match is found, the child will be placed with the prospective adoptive parents on a trial basis, also known as placement or provisional placement.
• From here the court will become involved, adoption orders must be granted by the NSW Supreme Court or a Children’s Court.
• Once the adoption has occurred, the DCJ provide ongoing support and counselling to adoptive families to ensure the integration is successful.

 

Are there costs for Adoption?

The approximate cost for local adoptions in NSW can exceed $3,000. This amount considers departmental, medical and legal fees.
Fees for intercountry adoption can cost approximately $10,000. This amount includes considerations surrounding airline travel, overseas accommodation and the preparation of documents including translation and legal fees. However, the cost can vary between overseas countries involving adoption.

 

How and why adoption is different today?

Learning from past experiences and those who have experienced adoption, it is important that openness about a person’s adopted status creates an environment where a child can talk about their adoption and know about their origins.

• Adopted people talk about a need to know about their birth family to allow them an opportunity to grow and develop a sense of feeling whole. All adopted children have a legal right to know about their origins from the time of placement.
• Birth parents don’t always forget about their children who were adopted. A birth parent’s need to know about their child’s wellbeing is acknowledged. Their involvement in the child’s life, by being involved in the choice of adoptive family for their child or by direct or indirect ongoing contact is valued.

Openness is therefore important as it refers to the way a child is supported to remain connected with their birth family and cultural heritage.

 

What are the rights and responsibilities of parents in the adoption process?

Adoptive Parents:
Once completing the required adoption process, adoptive parents gain legal parental rights over the adopted child. This includes the right to make decisions regarding the child’s upbringing, education, healthcare choices, religion and other aspects of their life. Adoptive parents should offer a stable and caring environment for the adopted child to support and assist in them navigating their identity and understanding of their adoption origin.

Birth Parents:
Although once the adoption process has occurred the birth parents no longer have a legal right to the wellbeing decisions of the child, they still have opportunity to remain in the child’s life. They have a right to express their wishes and be involved in the planning for the placement of their child. They also have a right to be informed of the progress of their child following placement and to access the child if agreed. It is recommended that birth parents engage in emotional closure and adjustment following the adoption to seek support as needed to process their feelings and emotions to move on in a positive direction.

 

How does legal advice assist in the adoption process?

Instructing a solicitor in the adoption process is useful to provide guidance and representation to prospective adoptive parents, birth parents or even sometimes the child involved. A lawyer specialising in adoption law can provide relevant information regarding eligibility requirements, legal procedures and potential challenges which may arise. They are able so also advise on the specific laws and regulations where applicable to adoption in NSW. Coutts Lawyers & Conveyancers are able to assist with all forms of adoption and provide advice on the entire process, from end to end.

 

Post-Adoption Support Services

Once the adoption process has been completed successfully, it is crucial that resources are available to assist adoptive parents, birth parents and the adopted children. Services can include counselling or therapy to assist the families and individuals appropriately address their emotions, identity issues or even relationship dynamics. There are also options available through practical support such as support groups, workshops on parenting techniques and resources to assist with managing behaviour. By providing these resources it assists in addressing the changes and challenges associated with the adoption process and allows the integration to be as successful and sustainable as possible.

 

Conclusion: Coutts can assist with the entire process of adoption

With our extensive experience, the Family Law team at Coutts Lawyers & Conveyancers can help navigate the specific complexities of adoption. We assist our clients through every stage of the adoption process, from initial enquiries to connecting you with post-adoption support services. Our team of Family Lawyers are equipped to provide you with expert knowledge and advice relating to adoption, and can give you extensive information and peace of mind.

Schedule an Appointment Now

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