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Family → Adoption → Adoption intra family
Overview — Adoption — Intra family adoption
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.
Intra family adoption
There are circumstances where an adoption takes place within the family. This is known as intra family adoption. This type of adoption takes place when family members (relative adoption) adopt a child, usually when that child is in the care of the Minister or, where a step parent adopts a child of their partner.
In adoptions within New South Wales, intra family adoptions are governed by the Adoption Act 2000 (NSW) and Adoption Regulations 2003 (NSW).
A relative is described in the Act as a grandparent, son, daughter, grandchild, brother, sister, uncle or aunt of a person:
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whether the relationship is of the whole blood or half blood or by marriage, and
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whether or not the relationship depends on the adoption of a person.
When considering adoption the emphasis is that the best interest of the child concerned, both in childhood and later life, must be the paramount consideration.
See Intra family adoption.
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