Adoption

What is adoption?

Adoption is the legal process where the legal rights and responsibilities of a parent are transferred permanently from the child's birth parents to the adoptive parents. The change is permanent unless the Supreme Court discharges it or another adoption occurs.

What are my rights if I am adopted?

As an adopted child, you generally have the same rights as any other child.

Can I find out who my biological parents are?

In NSW, the law permits you to find out who your biological parents are at the age of 18. You do not require permission to get this information. Your biological parents can also get information about you after you turn 18.

If you are under 18, you can only access information about your birth parents (or make contact with your birth parents) if you have the permission of your adoptive parents.

How do I get information about my birth parents?  

You can apply for a ‘Supply Authority’ pass from the Department of Community Services (DoCS). With this ‘Supply Authority’, you will be able to get information from the Births, Deaths & Marriages Registry, the Reunion & Information Registry.

What if there is an adoption plan?

If the adoption took place after February 2003, there may be an ‘adoption plan’ which outlines the type of contact the birth family and adoptive family have agreed upon. This could range from no contact, regular exchanges of letters to meetings. If you are under 18, you will have to abide by the adoption plan.

What if I don’t want them to contact me?

If you were adopted before 26 October 1990, you can register a contact veto with DoCS. By registering a contact veto, you are prohibiting your birth parents from contacting you.

If your adoption does not fall prior to this date, you can request an advance notice which will provide you with 2 months notice that your birth parents intend to contact you. This would give you enough preparation time for you to deal with the upcoming contact.

Can I move in with my birth parents?

After an adoption is made, your adopted parents have full parental rights and responsibilities. That means it is generally expected that you will live with your adoptive parents. You should discuss contacting your birth parents with your adoptive parents. However, you are not breaking any law if you leave home.

For more information about leaving home, see our Lawstuff topic ‘Leaving Home’.

Can my birth parents adopt me again?

Re-adoption is possible but requires the permission of your adoptive parents.

Who can adopt me?

There can be ‘private adoptions’ (where the child is adopted by someone who knows the child, e.g. stepfather) and adoption where adults want to adopt an unrelated child they do not know.

What is taken into consideration when my adoption is being considered?

The law in NSW imposes requirements which must be met before an adoption proceeds. The person who wants to adopt the child must show that they can carry out their responsibilities as parents. Adoptive parents also receive training and education on adoption.

In NSW, the child’s interests and opinions are taken into consideration when deciding whether or not if the adoption is to go through.

Do I have any rights to inherit my adoptive parents’ property when they die?

Inheritance occurs when someone dies, and their property, for example, their house and money, is transferred to someone else. Parents’ property is usually inherited by their children.

In NSW, once you are adopted into a family, in the eyes of the law you become a child of your adoptive parents. Therefore you have the same rights that a birth child has with regard to inheritance of your adoptive parents’ property when they die (but you have no rights of inheritance from your birth parents).

 

Last updated 22 September 2010

   
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