Permanency Support Program

Carers often see adoption as a way of making a lifelong emotional and practical commitment to a child. Adoption grants all the rights and responsibilities of parenthood to the adoptive parents, who will then be in every way responsible for the child throughout their childhood. The adopted child will have the same status in the family as any other children, and entitled to the benefits of full family membership throughout their life.

If you’re considering adopting the child in your care you can discuss your eligibility with your caseworker. It may depend on age and circumstances, Restoration Plans and the consent of family and children.

Adoption is not the preferred arrangement for Aboriginal children.

What is ‘open adoption’?

Birth parents will always have a biological and emotional connection with their child. After adoption, they stop being legally related to them, but they do not need to stop having a relationship or an ongoing connection with their child. Adoption that occurs today is called ‘open adoption’.

Open adoption recognises there is often a benefit for children when both their families (birth and adoptive) remain in contact with each other after an Adoption Order has been made. An open attitude refers to the acceptance of the child having more than one set of parents and family; and the willingness of adoptive and birth families to know about each other, exchange information and, where possible, build relationships through direct contact with each other.

This can give the child a sense of wholeness and help the child grow up with added security about themselves and their background.

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 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 birth parents, the child or young person and the adoptive parents. It also includes how the child’s knowledge of their culture and identity will be supported. Adoption 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.

Financial support for adoptive carer families

The NSW Government offers a range of financial support to carers who adopt a child from out-of-home care.

The Post-Adoption Allowance

The Post-Adoption Allowance is a means-tested allowance for carers who have adopted a child from out-of-home care with a final Adoption Order after 1 July 2017. The Post-Adoption Allowance is paid at the same rate as the DCJ Statutory Care Allowance and is available to carers who are eligible for Family Tax Benefit Part A.

Carers who adopt a child with special support needs will receive a Post-Adoption Allowance at the same rate as the Care +1 or Care +2 allowance received prior to adoption. Eligibility for the Post-Adoption Allowance is reviewed annually.

The OOHC Adoption Annual Payment

The OOHC Adoption Annual Payment is an annual payment for new adoptive parents who adopt a child or young person in out-of-home care. It is paid to the adoptive parents annually from the time the final Adoption Order is made to the time the child turns 18.

The Adoption Transition Support Payment

The Adoption Transition Support Payment is a one-off payment in addition to the OOHC Adoption Annual Payment, paid in the first year and intended to further assist families in meeting costs likely to arise in the first years after the adoption.

Other support for adoptive carer families

DCJ or your agency may also be able to help with:

• post-adoption contact arrangements as agreed in the Adoption Plan
• negotiating changes to the Adoption Plan if necessary
• referrals to specialist counsellors or support groups.

When carers are considering adoption of a child with a disability, the agency and DCJ will work closely with families, carers and disability agencies to provide priority support. Adoptive carers may be eligible for a range of services and financial supports available to assist with raising a child has a disability..