When a stepparent plays a central role in a child’s life, they may wish to formalise that relationship through adoption. In New South Wales (NSW), step-parent adoption, also known as intrafamily adoption is possible under the Adoption Act 2000 (NSW) and related regulations.
This blog explains the legal pathways, eligibility, process, and rights involved in step-parent adoption in NSW, through the lens of a child’s best interests.
What Is Intrafamily / Step-Parent Adoption in NSW?
Intrafamily adoption refers to the adoption of a child by a stepparent or relative already caring for them. It is a legal process that transfers parental rights and responsibilities and ends the legal parent–child relationship with non-adoptive biological parents (except in very limited circumstances).
In NSW, step-parent adoption applications are determined by the Supreme Court of NSW, and are governed by the Adoption Act 2000 and the Adoption Regulation 2015.
You can learn more from the NSW Government’s Department of Communities and Justice (DCJ).
Eligibility & Legal Requirements
To apply for step-parent adoption in NSW, the following criteria must be met under the Adoption Act:
- The child must be at least 5 years old.
- The step-parent must have lived with the child and their birth or adoptive parent continuously for at least 2 years before the application.
- Consent is required from the biological parents with parental responsibility, and in some cases from the child (if over 12), unless the court dispenses with consent.
- The Supreme Court must be satisfied that adoption is clearly preferable to other alternatives, such as parenting orders and in the child’s best interests.
- Applicants must participate in counselling and information sessions about the implications of adoption (DCJ Factsheet).
- The child and applicants must be residents in NSW at the time of the application.
The Adoption Process
- Preliminary Assessment – DCJ assesses whether the application is appropriate and whether alternatives have been considered.
- Application to the Supreme Court – Filed with supporting reports and documents.
- Court Investigation – Social workers or independent assessors provide report/s to assist the Court in determining the child’s best interests.
- Hearing & Decision – The Supreme Court evaluates eligibility, consent, and welfare factors before granting or denying the order.
- New Birth Certificate – If granted, the child’s birth record is updated to reflect the adoptive parent(s), severing legal ties with the previous parent(s).
Effects & Rights After Adoption
- The child becomes the legal child of the adoptive parent.
- The biological parents (or parent) legal rights and responsibilities are usually extinguished.
- The child gains rights from the adoptive parent under the Succession laws.
- Adoption orders create legal certainty and stability in family relationships.
Final Thoughts
Adoption in NSW provides legal recognition of the relationship between a child and their stepparent. However, it is a serious decision that permanently alters family ties. The law ensures that the child’s best interests remain the paramount concern, requiring careful assessment by the Court and supporting agencies.
Are you ready to adopt your stepchildren and strengthen the bonds of your new family?
