eligibility criteria
All people who apply to adopt through DoCS must meet general criteria.
Note that different DoCS programs may have slightly different criteria – contact DoCS Adoptions and Permanent Care Service on 02 9716 3000 or email adoption@community.nsw.gov.au for details. See in particular: who can adopt a child with special needs?
1. parenting
Applicants will have personal attributes and capacity to undertake the normal tasks of parenting and attend to the specific tasks of adoptive parenting including:
- raising a child who does not share the same biological and perhaps cultural heritage as the applicants
- ensuring that a child from the time of placement has the opportunity to be fully aware of their life story including information about birth family and culture of origin
- a willingness to participate in possible contact and exchange of information during the life of the child between the applicants, the child’s birth family, and other people who have been significant in the child’s life
- acceptance and understanding for a child when, particularly during adolescence, the child seeks to clarify their identity
- where an application is for a child over 24 months of age, being able to demonstrate parenting experience or capacity relative to the age, emotional, social and behavioural needs or demands of the child
- if the child is from an overseas country, being familiar with the language and culture of the child.
2. personal characteristics
Applicants will have appropriate age and fitness to have a reasonable expectation of retaining health and vigour to raise a child until adulthood and especially during the years of adolescence.
- The assessment of applicants will take into account the general desirability of placing children with parents who are of an age at which people in NSW become parents.
- An applicant’s state of physical and psychological health should not interfere with their ability to care for a child until the child reaches adulthood.
3. reputation
Applicants will be of good repute, as evidenced by reference to DoCS and police records and by information provided by referees nominated by the applicant.
- A record or pattern of violence, sexual assault, emotional abuse or a crime against a child will disqualify an applicant from assessment.
- Assessment will take into account the repute of the members of the applicant’s household, particularly any conviction for a crime for physical abuse, sexual assault or a crime against a child.
4. physical environment
Applicants will be able to provide a child with a safe, secure and beneficial physical environment.
5. financial circumstances
The income and financial resources of the applicants will enable adequate provision for a child’s physical, educational, health and social needs until the child reaches adulthood.
- Intercountry applicants will have the ability to meet the cost associated with an intercountry adoption.
6. family relationships and other children
applicant’s relationship
The Adoption Act 2000 recognises married and defacto relationships. The relationship between applicants should be stable, caring and harmonious.
At the time a child is placed:
- married applicants will have been married for at least three years; or married for at least two years and before that living together in a bona fide domestic relationship for at least one year immediately preceding their marriage
- de facto applicants will have been living together in a bona fide domestic relationship for at least three years
- single applicants may apply and be assessed for adoption however, if a child is placed with a single person the Court must be satisfied that the particular circumstances of the child make an Adoption Order desirable.
other children in the family
- Any other children in the family will be at least two years older than a child to be placed for adoption
- Any other children will have been in the care of the applicants for at least 12 months prior to the assessment of applicants for the placement of further children
- The child placed for adoption will be the youngest child in the family except when:
- the child forms part of a sibling group or has an existing relationship with the applicants.
- the needs and characteristics of a specific child indicate that placement with particular applicants would be desirable and that the child is at least 2 years younger than the existing older child and 3 years older than the following child of the family.
pregnancy and fertility treatment
Applications will not be considered when one of the applicants is pregnant or pursuing fertility treatment.
Where an existing applicant becomes pregnant or wishes to pursue fertility treatment the application will be suspended until the pregnancy or treatment is concluded.
7. citizenship
At the time of placement of a child for adoption the applicant, or at least one of the joint applicants, will be an Australian citizen, unless the child proposed to be placed is of the citizenship of one of the adopting parents.
