What is adoption?

Sometimes parents cannot look after a child and they decide it is better if the child is brought up by another couple or, in special circumstances, by a single person.

If this is to be a permanent arrangement the child can be adopted. This means that the couple bring up the child as their own and are that child’s legal parents. The child will also have the couple’s surname on the birth certificate. In all adoption decisions, the welfare of the child is the most important consideration. The purpose of adoption is to find parents for children. Its purpose is not to find children for childless couples.

Who must consent to my adoption?

If a couple is married the consent of both the mother and the father is needed before their child can be adopted [Adoption Act 1988 s15].

If a couple is not married the father’s consent to adoption is necessary if:

1. his name is on the birth certificate, or

2. a court has said that he is the father.

Families SA must agree that a couple can adopt a child (and in special circumstances, a single person) and an “Adoption Court” must also agree [Adoption Act 1988 s 22].

If someone wants to adopt you, and you are 12 or over, you have to agree [Adoption Act 1988 s 16] unless the Court is satisfied that there are special reasons why your consent is not required [Adoption Act 1988 s 18].

Is adoption the same if I am Aboriginal?

No, it is not. If you are Aboriginal the court will not make and Adoption Order unless it is satisfied that it is preferable to any other order. There are special proceedings and the “placement principle” applies. This means that the welfare of Aboriginal children is normally satisfied if they are adopted within the Aboriginal community by someone who has the correct relationship with the child in accordance with Aboriginal customary law [Adoption Act 1988 s 11].

How secret is adoption?

Usually, this information is restricted until you reach 18 [Adoption Act 1988 s 27A(a)] .

If you were adopted before 1988 your access to information will depend upon whether your birth parents or your adoptive parents have directed the authorities not to disclose information about them [Adoption Act 1988 s 27B].

For further information