Become an adoptive parent

If you’re considering adopting the child in your care you can discuss your eligibility with the child’s caseworker. The possibility of adoption being suitable for the child will depend upon a number of factors that will be unique to each child.

Who is required to give consent?

For children under the Parental Responsibility of the Minister, individual family circumstances will determine whose consent is required.

The consent of the birth parents and the Minister is required when:

• the child is under 12 years of age, or
• the child or young person is aged between 12 and 18 and has been in the care of the prospective adoptive parents for less than two years, or
• the child or young person is aged between 12 and 18 and is deemed to not have sufficient maturity to give consent.

The Supreme Court can make orders dispensing with the consent of the parents in certain circumstances such as when the birth parent cannot be found or is mentally incapable of consenting. The court can also make an order to dispense with parental consent when it believes it is in the best interests of the child.

The consent of the child is required if the child is aged 12 years or over and is deemed to have sufficient maturity to give consent. It is important that a child thinking about consenting to their own adoption is not subjected to any pressure to give consent, or to not give consent.

What is an Adoption Plan?

An Adoption Plan is an agreement about post-adoption contact between the parents, the child or young person and carers. It also includes how the child’s knowledge of their culture and identity will be supported. Plans are made to suit the needs and best interests of the child.

The Aboriginal and Torres Strait Islander perspective

In Aboriginal communities, the responsibility of raising children is often seen as the responsibility of the entire family rather than the biological parents alone. Adoption was not necessary and was an unknown practice in traditional Aboriginal culture. Today, the Aboriginal Placement Principle and Aboriginal consultation requirements seek to protect future generations of Aboriginal children from the devastating effects of past practices that separated children from their families, communities and culture.

The NSW Adoption Act 2000 makes it clear that adoption of an Aboriginal child is not to occur unless the Court is satisfied that an adoption order is preferable, and in the child’s best interests, to any other order which could be taken by law. Aboriginal people should participate with as much self-determination as possible in decisions relating to the placement of Aboriginal children for adoption.