1. Richard, Lachy, Somi & Leonie

2.  Legal surrender of parental rights and responsibilities from biological parents to another couple  Unlike fostering, adoption is a permanent transfer of legal rights and responsibilities  Formally introduced into NSW in 1923  Child Welfare Act 1923 (NSW)

3.  Couples must meet certain criteria before they can adopt: ◦ Need to provide medical evidence that shows couple are unable to have children ◦ Express willingness by one adoptive parent to give up work once baby placed ◦ Demonstration that couple are ‘fit and proper persons’ ◦ No more than one child already in the family ◦ Must be above 18  Married couples, de-facto couples and single persons (not same-sex couples)  Preference given to couples whose names have been on the waiting list the longest

4.  If married: both mother and father must consent  If unmarried at time of birth: only mother’s consent usually required  If the result of ongoing de facto relationship: mother and father must consent  Only right that father of ex-nuptial child has is notification of proposed adoption  14 days to apply for custody  If child is over 12, must consent to adoption

5.  State matter (residual power), uniform adoption laws were passed in the 1970s  Adoption of Children (Amendment) Act 1982 (NSW); adopted children have same legal rights & status as children born into marriage  treated by law same as natural children of adoptive parents  Adoption Information Act 1990 (NSW); allows adopted children to obtain a copy of their original birth certificate & allows biological parents to obtain a copy of the amended birth certificate to identify an adopted child

6.  Various Acts relating to adoption issues have been incorporated into Adoption Act 2000 (NSW)  Australia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention) ◦ Australia is a “receiving country” only  no outgoing inter-country adoption program to place Australian children with families seeking to adopt from overseas.

7.  Changing social values towards ex-nuptial children & greater social security support for single mothers  fall in number of babies available for adoption from 9798 adoptions in Australia between 1971-72, to only 566 in 1999-2000  Lengthy process