Intrafamily Adoption

If you are looking to adopt a child under 18 years of age to whom you are a stepparent or a close relative, this is known as intrafamily adoption. We are able to guide you through this process and assist in the preparation of an application to the Court.  

Obtaining leave (permission) of the Federal Circuit and Family Court

Generally leave from the Federal Circuit and Family Court of Australia is required for the adoption of a child under 18 years of age. In determining whether to grant leave, the Court will consider what is in the best interests of the child. In the event of a stepparent adoption where the child is under 18 years of age, you will also need to obtain a report which assesses the prospective adoption of a child by a stepparent.

Consent of the birth parents and child/children

The Court must not make an adoption order in relation to a child who is less than 18 years of age and who has not been previously adopted unless each parent of the child and any person who has parental responsibility for the child has given their consent. Consent can only be provided 14 days after the person has been served with the application and mandatory written information and they have received counselling. This is unless the requirement is dispensed with by the Court, the child is over the age of 18, or the child is over the age of 12 and meets the requirements to be able to give his or her sole consent to the adoption.

Application to the Court

Often the following documentation will need to be acquired/prepared to make an application:-

          A Summons in Court;-          

Proposed Adoption Orders;-          

An Affidavit setting out information in relation to the Applicants’ circumstances including:

Details and history of the relationship of the parties;

Details relating to the child and why it would be in the child’s best interest to be adopted by the applicant;

Details of the living arrangements of the parties;

Confirmation that the Court has jurisdiction to hear the matter;

Details of any proposals in relation to any other persons that will care for the child;

Any relevant information in relation to consent or the adoption plan;

Details of the parties assets, source of income, liabilities and other commitments the applicant has and any other relevant information with respect to the applicant’s financial circumstances; and  

Details of any proceedings in the Federal Circuit and Family Court of Australia.          

A Working with Children Check and Police Check for each of the Applicants to be attached to the affidavit;-          

Two Affidavits of referees that are not related to either of the couple;-          Evidence of the birth parent’s consent (where possible);-          

Evidence of the child’s consent, where required;-          

The Adoption Assessors report discussed above; and-          

An adoption plan.

To find out more about the necessary requirements for obtaining an Adoption Order in NSW, please get in touch and we will assist you in determining your eligibility and preparing the necessary documentation.

We note that a couple seeking an adoption order must have resided together for a period of at least 2 years.

Other types of adoption:

We are also able to assist with other types of adoption. Please do not hesitate to get in touch for further information.