Adoption Act 2000

The Adoption Act 2000 was passed by the NSW Parliament on 9 November 2000 and commenced on 1 February 2003. View and download the full Act.

The Act replaces the Adoption of Children Act 1965 and the Adoption Information Act 1990.

Important features of the Adoption Act 2000 include:

  • Single people and couples can adopt — see the eligibility criteria and other information for people interested in adopting.
  • Every person who is a parent or guardian of a child (ie both the mother and father) is required to consent to the adoption of a child, unless the child is over the age of 12 or the parents’ consent has been dispensed with. Consent cannot be given until at least 30 days after the birth of a child.
  • The consent of birth parents is not required for the adoption of children aged over 12 who have been living with their carers (prospective adoptive parents) for more than five years and have sufficient understanding of what adoption will mean to them. In this case only the consent of the child or young person being adopted is required.
  • The rights of a child to participate in the adoption decision (according to the child’s capacity) are recognised and respected. Children over the age of 12 must not only consent to their own adoption, but also have the right to revoke their consent at any time before the judge considers the adoption application. Children may be legally represented or have an advocate represent their needs.
  • Birth parents or children over the age of 12 considering consent to adoption must be provided with written information and professional counselling about adoption, its effects, and adoption alternatives, prior to giving their consent. Evidence of capacity to give an informed consent is required of those age 12-15 years.
  • Birth parents, adoptive parents and the child are able to enter into a voluntary adoption plan, which makes provisions for the exchange of information and contact between the parties to continue after the adoption order is made. The adoption plan is registered with the Supreme Court and can be reviewed and further orders made if necessary. See post order support services (POSS).
  • Where a plan of adoption is made for a child, and a parent is unable or unavailable to give consent, the court may hold a Preliminary Hearing and consider dispensing with the consent of the parent before making an adoption order. Section 67 sets out the circumstances where this can be considered.
  • Adoption law and practice must assist a child to preserve their identity, including their cultural heritage. The preservation of a child’s name is important to their identity and this principle is supported in the legislation – a child’s first name will not be changed following adoption if the child is a non-citizen child, or is over the age of six months at the time of placement with the prospective adoptive parents.
  • Intrafamily adoptions may only be considered when the alternatives to adoption have been considered and adoption is demonstrated to be preferable and in the best interests of the child.
  • Special provision is made for Aboriginal and Torres Strait Islander children in recognition of the unique features of their culture and history. Recognition is also given in the Act to the fact that adoption is a concept that is alien to Aboriginal culture.
  • The Act incorporates the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption as well as bilateral Agreements into intercountry adoption practice.
  • The provision of post adoption information services set out in the Adoption Information Act are incorporated into the Adoption Act 2000. The provisions are largely unchanged, and give adults (over 18 years) who were adopted and their birthparents rights to identifying and other information about each other. Note that contact veto provisions do not apply to Adoption Orders made after 26 October 1990.
To report suspected child abuse or neglect, call the DoCS Helpline on 132 111 (24 hours/7 days)