What is Adoption?
Adoption is the legal process of transferring parental responsibility from a biological parent to an adoptive parent.
Types of Adoption
In Australia the most common forms of adoption including the following:
- Foster carer adoption;
- Step parent adoption;
- International adoption;
- Inter Family adoptions;
- Adoptions where a child is born as a result of an altruistic surrogacy arrangement.
Adoption proceedings are legislated by individual State Governments, though in cases of step-parent adoptions an order from the Family Court is usually required prior to the commencement of proceedings in the New South Wales Supreme Court. For a party to commence Adoption proceedings in New South Wales the child should be present in the state and the person applying for the Adoption should be a resident of New South Wales.
The court in adoption proceedings is concerned with ensuring that the biological parent has capacity to consent to the adoption or in cases where there is no consent by the biological parent that the adoption is in the best interests of the child. In some circumstances children over the age of 12 years can consent to the adoption themselves.