Adoption Law

Adoption Lawyers in Newcastle, Port Macquarie, Maitland & the Hunter Valley

Adoption is the legal process whereby a child is legally recognised as a member of a family, and the adoptive parents take on all rights and responsibility for the adopted child. Adoption is a daunting and emotional time and people may wish to adopt for various circumstances. We are conscious of this in our advice.
In New South Wales, adoption is regulated by two pieces of legislation:

1. Adoption Act 2000; and
2. Adoption Regulation 2003.

These laws determine who may adopt, the process involved, and what consent is required for the adoption of a child. For example, if a couple wish to adopt a child they must have been living together in a continuous relationship for no less than 2 years. Generally, both biological parents need to give consent to the adoption, unless the Court decides otherwise. The child must also give consent if they are over 12 years of age. The consent must be informed, and an approved counsellor must provide information to the child in regards to their consent.

Adoption can occur through an agency, if you have had the care of the child you wish to adopt or adoption can occur privately if there is a private arrangement. We can assist you in either circumstances.

There are a lot of factors to consider before making an application for adoption and it is important you obtain proper legal advice.