How to Adopt a Child in Australia (Costs, Eligibility & Process)

Deciding to adopt a child is a profound, life-altering journey filled with hope, anticipation, and a deep desire to provide a loving home. However, the path to adoption in Australia can seem like a labyrinth of legal requirements, emotional considerations, and complex procedures. If you’re wondering how to adopt a child in Australia, you’re taking the first courageous step on a rewarding path.

While the process is designed to be thorough to protect the child’s best interests, it doesn’t have to be overwhelming. Understanding the steps, requirements, and legal framework is crucial.

At Family Lawyers Mackay, we specialise in guiding families through this intricate journey. Led by Accredited Specialist Family Lawyer Ian Field, our team provides the expert legal support needed to navigate the adoption process with clarity and confidence. This guide will walk you through everything you need to know about child adoption in Australia.

What Does Adoption Legally Mean in Australia?

Before diving into the process, it’s essential to understand the legal gravity of adoption. Adoption is the permanent and legal transfer of all parental rights and responsibilities from a child’s birth parents to their adoptive parents.

Once a Supreme Court in the relevant Australian state or territory issues a final Adoption Order, the child’s legal ties to their birth family are severed. The child becomes a full and permanent member of the adoptive family, assuming the same legal rights as a biological child, including rights to inheritance. The core principle guiding every decision in the adoption process is the lifelong best interests of the child.

Understanding the Different Types of Adoption in Australia

The journey to adopting a child can take several forms. The most suitable path for you will depend on your circumstances and preferences.

Local and Out-of-Home Care Adoption

Local adoption involves adopting a child born in Australia. This category includes two main streams:

1. Voluntary Local Adoption: This occurs when birth parents make the difficult decision to place their child for adoption. This is the pathway many people think of when considering infant adoption Australia, although it is relatively rare.
2. Out-of-Home Care (OOHC) Adoption: This is the most common form of local adoption in Australia. It involves children who have been removed from their birth families by child protection services and cannot be safely returned. These children need a secure, permanent, and loving home. Foster carers who have cared for a child for a significant period often proceed down this path to provide permanency.

Intercountry Adoption

Intercountry adoption is the process of adopting a child from another country. Australia has agreements with several partner countries (such as Bulgaria, China, India, and Thailand) to facilitate these adoptions. The process is overseen by the federal Attorney-General’s Department but administered at the state level. It is often a longer and more complex process, involving the laws of two different nations.

Intrafamily and Step-Parent Adoption

This involves adopting a child you already know. The most common type is step-parent adoption, where you apply to adopt the child of your spouse or de facto partner. In Queensland, this requires you to have lived with the child and your partner for at least three years and to have obtained permission from the Federal Circuit and Family Court of Australia to begin adoption proceedings.

Who is Eligible to Adopt a Child in Australia?

Eligibility criteria are set by each state and territory, but some general requirements apply nationwide. As a firm based in Mackay, we often guide clients through the specific requirements of Queensland law.

Key eligibility factors include:

• Residency: You must be a resident of the state or territory in which you apply. At least one partner in a couple must be an Australian citizen.
• Age: There are minimum age requirements. In New South Wales, for instance, you must be over 21 and at least 18 years older than the child. In Queensland, you must be an adult.
• Marital Status: Single people, married couples, and de facto couples (including same-sex couples) are eligible to adopt in Australia. Some states may have preferences, but a single person can legally adopt.
• Health: Prospective parents must be in good physical and mental health, capable of caring for a child into their adulthood.
• Background Checks: A comprehensive criminal history and child protection check is mandatory for all applicants and adult household members.

In Queensland, you are generally not eligible to adopt if you are currently pregnant, have custody of a child younger than one year, or are an intended parent under a surrogacy arrangement.

The Australian Adoption Process: A Step-by-Step Overview

Navigating how to adopt a child in Australia involves a structured, multi-stage process. While specifics vary between states, the general pathway is as follows:

1. Expression of Interest (EOI): The first official step is to submit an EOI to your state or territory’s central adoption authority, such as Adoption Services Queensland.
2. Attend Information Seminars: You will be required to attend mandatory preparation seminars. These sessions provide a deep dive into the realities of adoption, the challenges involved, and the needs of adopted children.
3. Formal Application: After the seminars, you submit a formal application. This involves compiling a significant amount of documentation, including birth certificates, marriage certificates, medical reports, and financial statements.
4. The Assessment Process (Home Study): This is the most intensive phase. An accredited assessor will conduct a series of interviews and home visits to evaluate your suitability to become an adoptive parent. They will explore your motivations, parenting capacity, relationship stability, and understanding of adoption issues.
5. Approval: If the assessment is favourable, you will be approved as a suitable prospective adoptive parent and placed on a register.
6. Matching: The adoption authority works to find a suitable match between a child and your family. This process is driven entirely by the needs of the child. The waiting time can be long and unpredictable.
7. Placement: Once a match is made, you will receive information about the child. A carefully managed transition period follows, where the child is gradually introduced to you and your home.
8. Legal Finalisation: After the child has been placed with you for a period of time (often 6-12 months), your lawyer will help you file an application for a final Adoption Order with the Supreme Court. The court reviews all material and, if satisfied, grants the order that legally makes the child a member of your family.

The Cost of Adoption in Australia

A common and practical question is about the cost of adoption in Australia. The fees vary dramatically depending on the type of adoption.

• Out-of-Home Care Adoption: There are often no fees for foster carers who adopt a child already in their care.
• Local Adoption: Fees for a local adoption in NSW can exceed $3,000, covering departmental and legal costs. In Queensland, costs are managed by Adoption Services Queensland.
• Intercountry Adoption: This is the most expensive route. Fees payable to the state authority can range from $3,000 to over $10,000. On top of this, you must cover costs for travel, overseas accommodation, immigration and visa fees, and any fees required by the child’s country of origin.

Why You Need an Expert Family Lawyer

While it’s possible to navigate parts of the process alone, the legal complexities, especially during the final court stages, make expert guidance invaluable. An experienced family lawyer does more than just file paperwork; they provide strategic advice, ensure compliance with all legal standards, and advocate for you.

Here at Family Lawyers Mackay, our Legal Practice Director, Ian Field, is an Accredited Specialist in Family Law. With extensive experience in both the UK and Australia, Ian brings a wealth of knowledge and a sympathetic, practical approach to every case. He understands the nuances of Queensland’s adoption laws and has helped many families in Mackay, Proserpine, Andergrove, Rural View, and across the region successfully navigate their adoption journey.

Engaging a lawyer like Ian ensures that:

• Your application to the Supreme Court is prepared correctly and thoroughly.
• You understand the legal implications of an Adoption Order.
• You are represented professionally in court.
• You can focus on preparing to welcome a child into your home, knowing the legal aspects are in expert hands.

Frequently Asked Questions (FAQs)

Can a single person adopt a child in Australia?

Yes, single people are legally eligible to adopt in all Australian states and territories. However, each application is assessed on its own merits, and some states or overseas authorities may give preference to couples.

What is ‘open adoption’?

Open adoption is the standard practice in Australia. It means that the child has knowledge of their adoption and, where appropriate and possible, maintains some form of contact with their birth family and cultural heritage. This is considered crucial for the child’s sense of identity and well-being.

How long does the adoption process take?

The timeline varies significantly. Intercountry adoptions can easily take several years due to the bureaucracy of two countries. Local adoptions can also be lengthy, with waiting times dependent on the number of children needing placement and the number of approved carers.

Is same-sex adoption legal in Australia?

Yes. Following years of legislative reform, same-sex couples and individuals are legally permitted to adopt in every state and territory across Australia.

Do I have to adopt my step-child to be their legal parent?

Not necessarily. While step-parent adoption is an option, the Family Court can also make parenting orders that grant a step-parent shared parental responsibility. An experienced family lawyer can advise you on the best path for your specific situation.

Your Journey to Parenthood Starts Here

The road to adopting a child in Australia is a marathon, not a sprint. It demands patience, resilience, and an open heart. But for those who complete it, the reward—providing a child with a permanent, loving family—is immeasurable.

If you are in Mackay or the surrounding Queensland region and considering adoption, you don’t have to navigate it alone. Family Lawyers Mackay is your local solution. We provide the down-to-earth, expert advice you need.

Contact us today at (07) 4847 0198 for a confidential discussion about how we can help you build your family through adoption.