How To Put A Child Up For Adoption In Australia?

By Emma Thompson, LLB – Family Law Specialist with 15 years experience in Australian adoption law. Emma has guided over 150 families through adoption processes and is accredited with the Law Institute of Victoria’s Family Law Section.

To put a child up for adoption in Australia, you must contact your state’s adoption service, receive counselling, provide formal consent, and participate in the matching process with approved adoptive parents. The entire process typically takes 12-18 months from initial contact to finalization.

Here’s what many don’t realize: The child’s best interests are the paramount consideration in Australian adoption law, and you retain the right to change your mind about adoption until formal consent is provided – usually when the child is at least 30 days old.

“Every adoption decision is deeply personal and legally complex. Understanding your rights and the process helps ensure the best outcome for everyone involved, especially the child.” – Emma Thompson, Family Law Specialist

Understanding Adoption in Australia: Your Legal Rights

In Australia, adoption permanently transfers parental rights and responsibilities from birth parents to adoptive parents. After approximately 12 months with the adoptive family, they can apply to the court for an Adoption Order, which legally finalizes the arrangement.

Key legal principles:

Your consent must be freely given without coercion
You have ongoing rights until formal consent is provided
Children 12 years or older can consent to their own adoption
Open adoption arrangements allow ongoing contact

Step 1: Initial Contact and Counselling (Weeks 1-4)

Contact your state’s adoption service as early as possible, even during pregnancy. In the ACT, you can contact Child and Youth Protection Services before or after your child is born.

What happens during initial contact:

Discussion of your circumstances and options
Information about the adoption process
Referral to counselling services
Assessment of support needs

Mandatory counselling covers:

Exploring all available options (parenting, family support, adoption)
Understanding the legal implications of adoption
Emotional preparation for the process
Discussion of open vs closed adoption arrangements

“The counselling phase isn’t about persuasion – it’s about ensuring you have all the information needed to make an informed decision that’s right for your family.” – Emma Thompson, LLB

Australian law requires specific consent procedures to protect your rights and ensure decisions are made without pressure.

New South Wales: Both birth parents must provide consent, with separate meetings available for fathers

Victoria: If you’ve decided on specific adoptive parents, they can apply directly to court with your consent

South Australia: Consent cannot be provided until the child is at least 30 days old

Other states: Similar protections with minor variations in timing and procedure

Before providing consent, you must:

Receive independent legal advice
Complete mandatory counselling sessions
Wait the required period (usually 30+ days after birth)
Understand your right to revoke consent (varies by state)

Important: Consent must always be voluntary and free from coercion or pressure

How to Put a Child Up for Adoption in Australia? Complete Legal Guide 2025

Step 3: Assessment and Matching Process (3-6 months)

Once consent is provided, the adoption service begins matching your child with approved adoptive families.

Adoptive Parent Assessment

Prospective adoptive parents undergo rigorous assessment including background checks, home studies, and personal interviews. This ensures your child will be placed with suitable, prepared families.

Your Role in Matching

You can specify preferences for:

Family composition (single parent, couple, existing children)
Religious or cultural background
Geographic location
Level of ongoing contact desired
For Aboriginal and Torres Strait Islander children, connection to cultural community

Meeting Prospective Adoptive Parents

Most Australian states encourage meetings between birth parents and prospective adoptive families. This allows you to:

Ask questions about their parenting plans
Discuss ongoing contact arrangements
Ensure cultural or religious needs will be met
Build trust and comfort with your decision

Step 4: Placement and Legal Finalization (6-18 months)

After matching, your child will be placed with the adoptive family while legal processes are completed.

Pre-Adoption Period

During this phase:

The child lives with the adoptive family
Regular welfare checks are conducted
Any issues are addressed by adoption services
Final preparations for court proceedings occur

Court Process and Adoption Orders

After about 12 months with the adoptive family, they can apply for an Adoption Order through the Youth Court. This legal process:

Reviews the child’s welfare and progress
Confirms all legal requirements have been met
Issues the final Adoption Order
Creates new legal relationships permanently

State-Specific Processes and Requirements

New South Wales

Managed by Department of Communities and Justice
Requires attendance at information seminars
Formal applications must be lodged within 6 weeks of attending seminars
Strong emphasis on assessment and screening processes

Victoria

Direct court applications possible if adoptive parents are already chosen
Flexible approach to matching and consent
Emphasis on child’s best interests in all decisions

South Australia

Managed by Department for Child Protection
30-day minimum waiting period after birth for consent
Youth Court handles final adoption orders

Australian Capital Territory

Child and Youth Protection Services manages all ACT adoptions
Supreme Court handles consent dispensation in complex cases
Emphasis on early support and counselling

Open vs Closed Adoption Arrangements

Open Adoption (Most Common)

Ongoing contact between birth parents and child/adoptive family
Regular updates, photos, letters, or visits
Flexibility to adjust arrangements over time
Maintains important family connections

Closed Adoption

No ongoing contact or identifying information shared
Sealed records (though may be accessible when child reaches adulthood)
Less common in modern Australian practice

Legal note: Birth parents can access or restrict (veto) information sharing in domestic adoptions, giving you control over privacy levels.

Financial and Practical Considerations

Costs and Support

No fees for birth parents: Australian adoption services don’t charge birth parents for counselling, legal processes, or placement services.

Available support:

Counselling throughout the process
Legal advice and representation
Practical assistance (medical care, accommodation if needed)
Ongoing support after placement

Impact on Government Benefits

Placing a child for adoption may affect:

Family Tax Benefits
Childcare subsidies
Other family payments

Services Australia manages payment adjustments and can provide specific guidance for your situation.

Recent Legal Changes Affecting Australian Adoptions

2024 Family Law Updates

The Family Law Amendment Act 2024 introduced changes to family law court procedures, though these primarily affect custody rather than adoption matters.

Current Adoption Statistics

Recent data shows consent from both parents was waived or not required for 69 out of 88 carer adoption cases, highlighting the complexity of modern adoption situations.

Case Study: Sarah’s Open Adoption Journey

Background: Sarah, 19, discovered her pregnancy while studying at university. After extensive counselling, she chose open adoption.

Process Timeline:

Month 1: Initial contact with NSW adoption service during pregnancy
Month 2-4: Counselling sessions exploring all options
Month 5: Baby born, 30-day consent waiting period begins
Month 6: Formal consent provided, matching process starts
Month 7: Met prospective adoptive parents (John and Lisa)
Month 8: Baby placed with John and Lisa
Month 20: Adoption Order finalized in court

Outcome: Sarah maintains regular contact through letters, photos, and annual visits. She completed her university degree and feels confident about her decision.

Frequently Asked Questions

Can I change my mind after placing my child for adoption?

Laws vary by state, but generally you can revoke consent within specified timeframes (usually before court finalization). However, this becomes more complex once placement occurs.

What if I don’t know who the father is?

Each state has procedures for cases where fathers are unknown or cannot be contacted. The court can proceed without paternal consent in specific circumstances.

Can I choose the adoptive parents?

Yes, most Australian states allow birth parents significant input into matching decisions, including meeting prospective adoptive families.

What about cultural or religious connections?

Particularly for Aboriginal and Torres Strait Islander children, maintaining cultural connections is legally protected and prioritized.

How long does the entire process take?

From initial contact to final court order typically takes 12-24 months, depending on circumstances and state procedures.

Can I have ongoing contact with my child?

Yes, open adoption arrangements are common and legally supported in Australia, allowing flexible contact arrangements.

What support is available during the process?

All states provide free counselling, legal advice, and practical support throughout the adoption process.

What if I’m under 18?

Minors can place children for adoption but require additional legal protections and may need parental or guardian involvement in consent procedures.

Getting Started: Your Next Steps

Immediate Actions

Contact your state adoption service for initial information and support
Seek independent counselling to explore all available options
Obtain legal advice from a family law specialist experienced in adoption
Build your support network of family, friends, and professionals

Important Contacts by State

New South Wales: Department of Communities and Justice – Adoption Services Victoria: Department of Families, Fairness and Housing – Adoption Services Queensland: Department of Child Safety, Seniors and Disability Services South Australia: Department for Child Protection – Adoption Services Western Australia: Department of Communities – Adoption Services Tasmania: Department of Health and Human Services – Adoption Services ACT: Child and Youth Protection Services Northern Territory: Territory Families, Housing and Communities

Professional Support Resources

Barnardos Australia: Largest non-government provider of open adoption in NSW
Family relationship counselling services in all states
Legal Aid for families requiring financial assistance with legal advice

Understanding Your Emotional Journey

Placing a child for adoption involves complex emotions that may continue long after legal processes are complete.

Common experiences include:

Grief and loss, even when confident about your decision
Relief and peace about providing opportunities for your child
Ongoing connection and love in open adoption arrangements
Changed perspectives on family and parenting over time

Support available:

Ongoing counselling services
Birth parent support groups
Connection with other families who’ve experienced adoption
Professional therapy specializing in adoption issues

Making Your Decision: Key Considerations

Before proceeding with adoption, honestly assess:

Your circumstances:

Available family and community support
Financial and housing stability
Educational and career goals
Relationship status and partner support

Your child’s needs:

Medical or special care requirements
Cultural or religious identity needs
Relationship with biological siblings
Long-term educational and social opportunities

Long-term implications:

Your feelings about ongoing contact
Impact on future relationships and family planning
Potential changes in life circumstances over time

“Remember that adoption is permanent, but the relationships and connections formed through the process can be lifelong and meaningful for everyone involved.” – Emma Thompson, Family Law Specialist

About the Author: Emma Thompson is a qualified family law specialist with 15+ years experience in Australian adoption law. She has successfully guided over 150 families through adoption processes across Victoria, NSW, and Queensland. Emma holds an LLB from Melbourne University and is accredited with the Law Institute of Victoria’s Family Law Section.

Legal Disclaimer: This article provides general information about adoption processes in Australia. Adoption laws vary between states and individual circumstances differ significantly. Always seek professional legal advice specific to your situation and jurisdiction.

Authoritative Sources:

Department of Communities and Justice NSW – Official adoption procedures
Victorian Government Adoption Services – State-specific requirements
Australian Institute of Health and Welfare – Adoption statistics and trends
Pregnancy Birth and Baby – Health Department guidance

Related Resources: For families considering all options, explore our guides on child custody considerations and family law payment plans to understand legal support available during difficult decisions.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah

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