Adoption is a legal process where the legal rights and responsibilities for a child are transferred from the child’s parents to the adoptive parent(s). In New South Wales, adoption orders are made by the Supreme Court.

The Adoption Act 2000 (NSW) is the central piece of legislation that deals with adoption in NSW and The Department of Family and Community Services (FACS) is the government department charged with dealing with adoptions in NSW.

An adoption order for a child can be made for a single person or a couple. A couple includes two persons who are married to one another or are de facto partners (whether of the same sex or of a different sex).

Adoptive applicants must be:

  • resident or domiciled in NSW
  • of good repute and fit and proper to fulfil the responsibilities of parenting
  • over 21 years of age
  • at least 18 years older than the child to be adopted.

There are different types of adoption that you might be considering:

  • Local adoption - adopting a child from NSW whose parents are making an adoption decision for their child
  • Out-of-home care adoption - adopting a child in NSW from out-of-home care (including foster care)
  • Intercountry adoption - adopting a child from overseas
  • Special needs adoption - adopting a child with a disability or special needs
  • Intrafamily adoption - adopting a step-child or a child within your family.

It is worth noting that adoption is a complex and emotional process. I can assist in advising you of the correct process to be followed and the suitability of either the adoption process or obtaining Family Court Orders.

Talk to Matthew


Level 2 / 2 Barrack Street