Legal Advice on Adoption Generally

Adoption is a legal process that creates a permanent and lifelong relationship between a child and their adoptive parent(s). Once the adoption is finalised, the adoptive parent becomes the child’s legal parent, and the child becomes a full member of the adoptive family—entitled to the same rights as a biological child, including taking the family surname and inheriting property.

At the same time, the child’s biological parents and extended family relinquish all legal rights and responsibilities for the child.

Adoption is not a temporary arrangement—it is legally binding and permanent. This means the child’s care, wellbeing, and future become entirely the responsibility of the adoptive parent(s).

Types of Adoption in Australia

There are two main categories of adoption:

1. Intrafamily Adoption

This form of adoption occurs when the child is adopted by someone they already have an existing relationship with—such as a step-parent, grandparent, aunt, uncle, or long-term carer. Intrafamily adoptions are common in Australia and are often pursued to provide stability, legal clarity, or to formalise existing caregiving roles.

Because of the pre-existing connection between the child and the adoptive family member, the process may differ slightly but still involves legal assessments to ensure the child’s best interests are upheld.

2. General and Intercountry Adoption

These types of adoptions involve adopting a child who is not previously known to the adoptive parent(s). This can include children in local care arrangements or children from overseas. Intercountry adoption follows strict international and domestic legal protocols and is generally less common due to complex eligibility requirements and longer timelines.

The Adoption Process

Adoption in Australia is a detailed and thorough process designed to ensure children are placed in safe, stable, and nurturing environments. Each state and territory has its own legislation and procedures, but the general steps often include:

  • Background and criminal history checks (including police and Working with Children Checks)
  • Medical assessments
  • Attendance at mandatory information and training sessions
  • Home visits and interviews to assess suitability
  • Ongoing evaluation and support through the relevant government department

Because legislation differs between jurisdictions, it’s important to refer to your state or territory’s adoption authority for specific requirements.

Why Adoption Matters

Adoption provides children with a permanent home and family, giving them the stability and sense of belonging that is essential for emotional and psychological development. Compared to temporary or out-of-home care arrangements, adoption offers children stronger long-term outcomes in terms of identity, security, and well-being.

For adoptive parents, adoption can be a deeply meaningful way to build a family—particularly for individuals or couples unable to have children biologically. It offers the opportunity to raise a child with love, care, and lifelong commitment.

How The Family Village Can Help

At The Family Village, we understand that adoption can be both an exciting and emotional journey. Whether you’re considering intrafamily adoption, general adoption, or simply exploring your options, our team is here to guide you with clear advice and ongoing support.

To speak with us about your adoption pathway and how we can help bring stability and connection to your family’s future email us at hello@thefamilyvillage.com.au or make an appointment using the link.

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.