Commonly asked questions about adoption

Adoption is the legal process by which all of the legal rights and obligations of a child are transferred to his or her adoptive parents, with the child joining the family as a recognised family member. The adoptive parents assume all parental responsibility for the child, while the birth parents cease to have any parental rights over the child. Adoption removes the legal relationship between the child and the birth parents.

Adoption arrangements differ depending on the state in which you reside.

Recent changes to the Adoption Act have meant that the adoption process is administered through Community Services in NSW. The process is now more streamlined and fairer for couples, and importantly, the rights of the child are better protected.

Family and Community Services is the government agency responsible for providing adoption services for NSW. The agency works with birth parents who are considering adoption for their child and with families who wish to adopt.

There are set adoption procedures and requirements to follow in applying to adopt a child, including filling out an Expression of Interest form, attending a preparation for adoption seminar, and filing a formal application for adoption. You can find out more about the adoption process for adoptive applicants, including the costs and the criteria for prospective adoptive parents, at the Family and Community Services website.

In Queensland, Adoption Services is responsible for the provision of adoption services. There are very specific criteria that must be met for a person to be eligible to adopt a child. If you meet these criteria, you need to follow an established set of procedures, including filing an Expression of Interest form. Once this is done, you will be notified if you meet the eligibility requirements, and will then have your name entered into the expression of interest register.

If selected from this register, you will be sent a notice of selection for assessment. The number of people to be selected for assessment from the expression of interest register varies each year, as the number of assessments is based on the anticipated needs of children likely to require adoptive placements.

Should you not receive a notice of selection for assessment within two years, your expression of interest expires, and you can then decide whether or not to lodge another expression of interest.

Our experts

Postcode

News

In a breakup, who gets the dog?
25 May 2022
When relationships break down, there can be emotional fights over who gets the ...
Read More
Can you put conditions in a will? Laws around conditional gifts and bequests in NSW
11 May 2022
Can I impose conditions in a will, stating that someone must do a particular ...
Read More
How do you deal with an intestate estate? Contesting an estate without a will
21 Apr 2022
“I was close to someone who died without leaving a valid will, which meant an ...
Read More
Superannuation assets can no longer be kept secret in family law property settlements
30 Mar 2022
From 1 April 2022 changes to superannuation laws mean that superannuation assets...
Read More
Paying debts from a deceased estate
08 Mar 2022
Death and taxes – the only certain things in life. But when it comes to paying...
Read More
Is the Hague Convention on child abduction harming women?
08 Dec 2021
If you have had the misfortune of being involved in a situation involving child ...
Read More
Australians charged with modern-day slavery and jailed
04 Nov 2021
A Sydney couple was recently charged with modern-day slavery and sentenced to ...
Read More
If a person with a secret second family dies, who inherits their estate?
30 Sep 2021
It’s a classic plot in movies and novels – a man dies, leaving his family to...
Read More
Does marriage or divorce automatically revoke a will?
28 Sep 2021
Did you know if you were to get married and then die soon afterwards, the fact ...
Read More
Can my ex claim part of my lottery winnings?
15 Sep 2021
If a couple separates and one of them wins lotto, can that person be legally ...
Read More
Domestic coercive control could soon be criminal in Australia
26 Aug 2021
Domestic abuse in the form of coercive control could soon be a criminal act ...
Read More
Family provision claims in NSW – spare us the details and curb your expectations
03 Aug 2021
Each year, Sydney barrister Gregory George writes a summary of decisions ...
Read More

Why Stacks

No hidden fees
Nobody likes surprises on their bills, so we take the time to agree with you exactly what our work will cost before we do it (not after!)
Deep expertise
Our lawyers aren’t ‘general practitioners’, they’re experts in their chosen fields of practice (many are Accredited Specialists)
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931
Progressive practice
We invest in technology and systems so that our services are always cost effective and clients are in control of their own legal affairs

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Complete the form and one of our experts will get back to you within 24 hours.

Reach out

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy