Being a step-parent or close relative to a child can be a privilege and the adoption process can take that special relationship whereby legally parental rights and responsibilities for the biological parent ends and they are transferred to the step- parent.
At PCL Lawyers our family lawyers understand that the emotional side of adoption can be a bit overwhelming and this is where we can assist in making the application process seamless on your behalf.
In NSW, the Supreme Court of NSW determines the applications which are governed by the Adoption Act 2000 (“the Act”) and the Adoption Regulation 2015.
The Supreme Court must be satisfied that when making the decision to grant an adoption order in the step- parent’s favour the following criteria must be met: –
If the child is 18 years of age or more at the time of the application for such order than the requirement to live with the child’s birth or adoptive parent in step 2 is waived.
Other requirements for applicants and the child comprise that the child and step -parent must reside permanently in NSW at the time the step-parent files their application.
Family law matters can be deeply personal and emotionally complex. At PCL Lawyers, our family law team is here to provide clear, compassionate advice and firm representation when it matters most. We understand that every family is different, and we take the time to listen, guide, and protect your interests—whether you’re navigating separation, parenting arrangements, property settlements or other family disputes.
Watch our video to learn how our experienced family lawyers work alongside you to achieve practical outcomes with care, discretion and strength.
Learn more about usYou can apply not only as a step- parent but as a close relative.
A step-parent is defined in the Act as someone who is not a birth parent of the child, parent, or adoptive parent of the child, and is either married to, or in a de facto relationship of the child’s birth or adoptive parent.
If you are a relative the definition states you may be a grandparent, aunt, uncle, brother, or sister of the child whether that relationship is of whole blood or half blood or by marriage, and whether or not the relationship depends on the adoption of a person.
As a sole or joint applicant in a NSW intrafamily adoption you will require a court report from an Independent Assessor if the child being adopted is under 18 years of age.
Specific Consent is required by the Court to make the adoption order which consent usually is provided by the non-custodial parent ( for step-parent adoption), both parents of the child ( for a relative adoption), the child, or any person who has parental responsibility for the child.
Certain waivers exist where consent of a parent/s or anyone with parental responsibility may not be required. This is limited to the following:
Children in the requisite age bracket will receive a Mandatory Written Information brochure to read and consider prior to providing their consent.
Counselling is undertaken by applicants.
The applicants and child having attended the hearing in the Supreme Court and been granted the adoption order gain the following:-
Adoption by a step-parent or close relative is a serious step to take, within the law of NSW, and the biological parent)s) giving up their legal rights and responsibilities has a significant decision to make in the process.
At all times, the principle of best interests of the child is the paramount concern of the Court. If you feel moved to take this step to create a new family, then contact our adoption lawyers for step-by step assistance.
You want to know that you are getting advice and real solutions. You not only want a lawyer who has strong experience and knowledge in legal matters, but a lawyer who can also navigate you through the commercial realities.
Request a meeting
Office Hours: Monday to Friday: 8:45am – 5:15pm
(We can accommodate appointments out of these hours if required.)
We provide our legal services across Sydney and surrounds, from Surry Hills to Hunters Hill. Whether you need our expertise in North Sydney, Abbotsford, Burwood, Greenwich, Hunters Hills, Cremorne, Chiswick, Bellevue Hill, Balmain or beyond, our convenient location allows us to serve locals in these suburbs and many more.
"*" indicates required fields