Legal Advice on Adoption generally in New South Wales

Adoption is a big step for any family, and in New South Wales, it’s guided by specific laws and processes designed to protect the best interests of the child. The main piece of legislation is the Adoption Act 2000 (NSW), which outlines both how adoptions work and how information related to adoption is handled.

In NSW, the Department of Communities and Justice (DCJ) oversees adoption services. In addition to DCJ, there are a few authorised agencies that can assist with adoption placements. These include Anglicare, Australian Families for Children, Barnardos Australia, and CatholicCare.


Who Can Adopt in NSW?

Under current laws, anyone can apply to adopt—whether you’re applying on your own or as a couple. This includes same-sex couples. What matters most is whether you’re able to provide a safe, supportive, and loving home for a child.


The Adoption Journey

Adoption isn’t an overnight process. It can take time, reflection, and preparation. While each agency has its own procedures, the general steps are quite similar across the board. Here’s a simplified look at how it works:

Step 1: Express Your Interest

To get started, you’ll need to fill out an Expression of Interest form with the agency you want to work with. This lets them know you’re considering adoption and allows them to begin evaluating your initial eligibility.

Step 2: Attend Information Seminars

Next, you’ll be invited to attend an information session that covers the basics of adoption in NSW. If you meet the agency’s initial criteria, you may be asked to join additional seminars focused on preparing you for the adoption journey—especially if you’re hoping to adopt an older child or one with additional needs.

Step 3: Submit a Formal Application and Undergo Assessment

Once you’ve completed the preparation sessions, you can submit a formal application. From here, a more detailed assessment begins. Agencies follow specific guidelines to ensure that adoptive parents are ready and able to meet the needs of a child.

Note: Some agencies have unique requirements—for example, they may ask that you stop fertility treatments before lodging an adoption application, and not resume them while the process is ongoing.


Thinking About Adopting a Child from Overseas?

Intercountry adoption—bringing a child into your family from another country—comes with its own set of rules. This type of adoption is governed not only by Australian laws but also by international agreements, particularly the Hague Adoption Convention. This agreement is in place to ensure every effort has been made to place the child within their home country before considering adoption overseas.

If you’re considering this path, it’s important to understand that the legal requirements vary by country. You’ll also need to meet both Australian legal standards and those of the country the child is from.



Adoption can be a complex and emotional journey, but you don’t have to navigate it alone. Katie is here to support you with clear advice and a calm, practical approach to help you move forward with confidence—whether you’re pursuing local adoption or looking into options overseas.  Appointments can be made by emailing us at hello@thefamilyvillage.com.au or using the link below.

About The Family Village

The Family Village was founded by our leading Lawyer, Katie. Katie navigated her way through many years of IVF treatments (both the ups and the downs) to create her family. Unfortunately, after the birth of her second child, carrying her own children was no longer an option. Together with her husband, she went on a 5-year journey to find a surrogate. Their precious son Vinnie was born via surrogacy in 2022.
With a passion to assist and support others through their journey in creating a family, Katie established The Family Village. With 16 years legal experience, Katie provides legal advice and services, education, support and guidance to those on their journey to create a family, particularly in surrogacy arrangements.
Katie and her surrogate Sally, work side by side at The Family Village to support surrogates and intended parents alike. They have the benefit of walking in your shoes, from both sides of the story, which is a valuable asset.