In NSW, intrafamily adoption is when a stepparent or close relative formally adopts a child they’ve been caring for. This includes grandparents, aunts, uncles, siblings, and step-parents who have built a meaningful relationship with the child.
This type of adoption is governed by the Adoption Act 2000 (NSW) and the Adoption Regulation 2015 (NSW), and decisions are made by the NSW Supreme Court.
Who Qualifies as a Stepparent or Relative?
- A stepparent is someone who is married to, or in a de facto relationship with, the child’s biological or adoptive parent—but is not themselves the child’s parent.
- A relative includes grandparents, aunts, uncles, brothers, or sisters—whether the relationship is by blood, marriage, or adoption.
Is Adoption the Right Option?
When the Court considers an adoption application, the child’s best interests—both now and in the future—come first. Sometimes, other legal options such as parenting orders or guardianship may be more appropriate, depending on the circumstances. That’s why it’s important to seek legal advice before starting the process.
Who Can Be Adopted?
A child may be eligible for adoption if they meet one or more of the following:
- They are under 18 years old when the application is made.
- For step-parent adoption, the child must be at least 5 years old, and must have lived with the stepparent and their parent continuously for at least 2 years before applying.
- For relative adoption, there must be an established caregiving relationship of at least 2 years, regardless of the child’s age.
- Adults 18 or older can also be adopted if they were cared for by the stepparent or relative before turning 18.
Both the child and the applicant(s) must be living in NSW at the time the application is lodged.
Who Can Apply for Intrafamily Adoption?
Applications can be made by:
- A single person
- A couple (who have been living together continuously for at least 2 years)
- An adult child (18 years or older) who wishes to be adopted by a stepparent or relative who raised them
Note: If a couple is applying and one partner is the child’s stepparent, the adoption must meet the eligibility criteria outlined in the Act.
Need Help or Have Questions?
Intrafamily adoption is not a one-size-fits-all process—it can be emotional, complex, and requires careful consideration. We are here to support you through the journey.
Appointments can be made by emailing us at hello@thefamilyvillage.com.au or using the link below.
