The adoption process is governed by the Adoption Act 1988 and the Adoption Regulations 2004 .

All adoptions of children by residents of South Australia are conducted through the Adoption and Family Information Service (AFIS) of the Department for Families and Communities. AFIS administers the Adoption Act 1988 and is responsible to the Minister for Families and Communities.

Only children up to 18 years of age may be adopted. The welfare and interests of a child are regarded as the paramount consideration. If the adoption will not promote the welfare of the child an order is not made [Adoption Act 1988 s 7]. When determining an application for adoption of a child who is at least five years of age, the court must interview the child and take into account the child's opinion [Adoption Act 1988 s 8A].

The Chief Executive must maintain a Prospective Adopters Register which lists all peoples who have expressed an interest to be listed [reg 6] and who have satisfied the Chief Executive that they meet the requirements under the Adoption Act 1988 and the Adoption Regulations 2004 [s 12, reg 8]. When a child is relinquished for adoption by a general consent, the Chief Executive must place that child with people whose names are on the Prospective Adopters Register. Because very few babies or children are relinquished for adoption in this state there has been a marked increase in interest to adopt a child from overseas countries.

Aboriginal children can only be adopted if, in the interests of the child, an adoption order is clearly preferable to a guardianship order [Adoption Act 1988 s 10]. In addition, an applicant should be a member of the child's Aboriginal community and, by Aboriginal customary law, have the correct relationship with the child or if there is no such person wanting to adopt the child, some other Aboriginal person [Adoption Act 1988 s 11].

Normally only two people in a heterosexual relationship (married or de-facto) who have lived together continuously for at least five years can adopt a child unless there are special circumstances [Adoption Act 1988 s 12].

An adoption order may be made in favour of two persons who have been cohabiting together in a marriage relationship for a continuous period of less than five years if the Court is satisfied that there are special circumstances justifying the making of the order. Normally, the Chief Executive cannot select a person from the Adoption Register unless they have been cohabiting with another in a marriage relationship for a continuous period of at least 3 years [Reg 19(3)(d)].

Section 12(3) sets out the circumstances where one person may adopt a child. Same sex relationships are not included. An adoption order may be made in favour of one person where that person has cohabited with a birth or adoptive parent of the child in a marriage relationship for a continuous period of at least five years, or the Court is satisfied that there are special circumstances justifying the making of the order.

Unless there are particular circumstances relating to the child to be placed and where those needs can be best met by other applicants, the Chief Executive will also not select a person as an applicant for adoption if she or he: