In order for a step parent to adopt a child, an application needs to be made to the Supreme Court of New South Wales.

The Adoption Act 2000 (NSW) and the Adoption Regulations 2015 (NSW) set out the requirements for stepparent adoptions.

The child must be over the age of 5 and the Court must be satisfied that the adoption is in the child’s best interests and that adoption is a better alternative than any other option.

If the child is under the age of 18, you will be required to:

• obtain a written report from a “contracted adoption assessor” about the adoption;
• obtain consent from the child if they are over 12, the birth parents and anyone else who has parental responsibility for the child;
• ensure that all persons, including the child, who are consenting to the adoption undergo registered counselling to ensure they understand the effects of the adoption, a person can only give consent 72 hours after receiving registered counselling and no more than 30 days after.

If the child is over the age of 18 the only requirement is that they consent to the adoption.

It is very important to speak to a lawyer before commencing adoption proceedings in the Supreme Court as the process can be complicated and difficult to navigate by yourself.

This weeks, Ask A Family Lawyer, was delivered by one of our Family Lawyers based in our Parramatta, Sydney office.