Understanding NSW Adoption Law

Adoption is a difficult, emotional, and time-consuming legal process. It can be very expensive, and it often takes several years to achieve the desired result – but at the end of the day, your family has grown, and it is worth every second and cent.

So, what steps must you take to adopt in New South Wales? In this post, we answer your most frequently asked questions about adopting a child in New South Wales, such as what the process entails, how much it costs, and how long it takes.

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What exactly is adoption?

Adoption is a legal process in which a child's rights and responsibilities are transferred from biological parents to adoptive parents. Adoption orders are issued by the Supreme Court of New South Wales.

Who is eligible to adopt?
Individuals and couples (married or de facto) can apply to adopt a child in New South Wales. You must meet the following requirements:

- Residents of New South Wales
- 21 years of age or older
- At least 18 years older than the adopted child
- Have a good reputation and the ability to fulfil parental responsibilities

What is the adoption procedure?

Adoption is a time-consuming and stressful process. Before you can make a formal application for adoption in New South Wales, you must submit an expression of interest form to the Department of Communities and Justice and attend a three-day seminar in Sydney.

When you file a formal adoption application, you must fill out required documents and provide a slew of documentation, such as medical reports, criminal record checks, personal references, ID, and so on. Your application will be screened, and you will be notified in writing if it is selected for an assessment.

You will be required to attend a final interview before a child is placed in your care. All pertinent information about the child's social and medical history will be provided here. Throughout the placement period, the assessor will continue to visit you to offer support and advice, as well as to report on the placement.

In general, the Department of Communities and Justice finalizes the adoption six to nine months after the child is placed.

How much does it cost to adopt in New South Wales?

The departmental fees for a local adoption are $2,782 and the legal fees are $834. Some fees for permanent care placements may be waived.

The application fee for international adoption is $9,700. You will also be charged for notarization, legalisation, and document authentication, as well as immigration fees, travel expenses, charges imposed by the overseas agency, and additional legal fees.

If you need to update your application at any point during the adoption process, you will be charged a fee. Your regular expenses are likely to rise once you have adopted a child.

How long does it take to adopt a child?

Adoption can take anywhere from a few months to several years. Adopting a foster child can take six to 18 months, adopting a newborn can take two to seven years, and adopting a child from another country can take six years or more.

How are applicants evaluated?

In the case of NSW adoptions, the assessor will consider the applicants who:

- Physical, emotional, and mental well-being
- Maturity and age
- Capability to perform parenting duties and attend to the needs of a child
- Can they offer a secure and beneficial environment (emotionally and physically)?
- Financial situation
- Capability to preserve the child's cultural identity and religious faith
- Capability to facilitate contact with the child's birth parents and family and exchange family information
- Character stability in general
- Relationship quality with their spouse and other family and household members

The assessor will also conduct a criminal record check, an NSW Working with Children Check, and obtain information from any previous Out of Home Care or Adoption Agency.

Are you thinking about adopting in New South Wales?

Whatever your situation, it is critical to seek sound legal counsel before filing an adoption application. Adoption law is extremely complex to navigate on your own, so having a trusted advisor to assist you throughout the process is essential.

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