Adoption

The Nature of Family Law

Define Adoption is the legal process which

permanently transfers all the legal rights and responsibilities of being a parent from the child's birth parents to the adoptive parents.

There are only a small number of children needing adoptive families in NSW. In 2009/10, there were 13 local adoptions and 78 intercountry adoptions across all of NSW.

NSW Department of Family & Community Services

Intra-family adoption

step parent adoption relative adoption

 where the parent caring for the child (custodial parent) has remarried or established a stable de facto relationship and applies, with their partner, to adopt the child in their care.

where a person defined in the Adoption Act 2000 as a relative (a grandparent, uncle, or aunt of the child, whether the relationship is by birth or marriage) applies to adopt the child in their care.

The NSW Adoption Act 2000 has recently been amended to simplify the adoption process for step-parents or relatives wanting to adopt. This includes removing the need for the direct involvement of Community Services in most cases.

Local adoption – child under 2 Only around 10-20 infants and young children

(under two) are adopted through Community Services each year

Birth parents are involved in the selection of adoptive parents for their child. They usually request placement with a mother and a father, so it's unlikely that single people or same sex couples would be selected for placement.

Local adoption – child 2-12 Only a few children are referred to Community

Services older child program for placement each year.

Some of the children will be under the parental responsibility of the Minister for Community Services and may need long term foster care rather than adoption.

Adopting a child in out-of-home care Carers often see adoption as a way of making a

lifelong emotional and practical commitment to a child in their care.

Adoption confers all the rights and responsibilities of parenthood, and carers are aware that if they become the child’s adoptive parent, they will be in every way responsible for the child throughout their childhood and the child will be entitled to the benefits of full family membership throughout their life.

Adoption is a major decision, and it is important to be sensitive to the feelings of the birth parents. Discussions with birth parents about adoption are usually initiated by the child’s caseworker.

Intercountry adoption

Adoption laws to give children stability – SBS news