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Family → Adoption → Adoptions within a state or territory
Overview — Adoption — State and territory
Adoption is the legal process where legal rights and responsibilities are transferred from the birth parents (or the Minister) to the adoptive parents. Adoption confers all the rights and responsibilities of parenthood and is final and binding unless the order has been obtained by way of fraud, duress or other improper means.
Adoption — State and territory base
New South Wales
Adoption within New South Wales is governed by the Adoption Act 2000 (NSW) and Adoption Regulations 2003 (NSW).
These pieces of legislation set out how the adoption process is conducted and how arrangements are to be made.
See Adoption — NSW.
Victoria
Since the 1980’s, adoption in Victoria has been governed by:
the Adoption Act 1984 (Vic) — which determines the fundamental requirements, such as those surrounding the parents’ decision to have the child adopted and who is allowed to adopt a child;
the Adoption Regulations 2008 (Vic) — which contain procedural details and forms; and
the Supreme Court (Adoption) Rules 2015 (Vic) (the Adoption Rules) — which set out the court application process.
See Adoption — Victoria.
Western Australia
Practice Tip: The Family Court of WA has on its website useful information summarising the legislative framework, court processes and required forms for adoptions in Western Australia.
See Adoption — Western Australia.
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