Communities and Justice

The adoption process

The Department of Communities and Justice (DCJ) trains, assesses and approves families for Local Adoption, Dual Authorisation and Intercountry Adoption. DCJ’s Open Adoption and Permanency Services team supports families with this process.

Dual authorisation is approval that allows families to adopt or foster a child. Applicants who have dual authorisation can adopt a child through the local adoption program or provide children in out-of-home care with safe, permanent and loving homes.

The Department of Communities and Justice is the sole provider of local adoption (also called voluntary adoption) services in NSW. We work with parents who are considering adoption for their child. The number of children placed voluntarily with adoptive families each year is very low.

For Intercountry Adoption enquiries, we encourage you to refer to the Intercountry Adoption Australia website for up-to-date information on the existing partner country criteria and requirements. Should you wish to pursue your enquiry further, contact the DCJ Intercountry Adoption team at [email protected].

Alternatively if you are interested in  considering the adoption of a child in your care, please speak to their allocated caseworker.

The adoption process stages

Stage 1: Read

‘Thinking about Adoption’ factsheet and the  information on Adoption fees and costs fact sheet

Stage 2: Telephone us

You will have a discussion with a worker from Open Adoption and Permanency Services (OAPS) who will ask about your family and experiences and determine your program suitability. If suitable we will send you the ‘Considering Adoption’ booklet and an Expression of Interest (EOI) form.

Stage 3: Submit the expression of interest form

Submit the Expression of Interest (EOI) form if you meet the requirements of your preferred program.

In the Local Adoption and Permanent Care Program, attendance at a seminar is by invitation, depending on the needs of the program.

In the Intercountry Program, an assessment of your openness and cultural match to children in need of intercountry adoption will occur and you will receive an invitation to book into a seminar if considered suitable.

Your EOI is valid for 12 months from the date that you receive written acknowledgement of EOI receipt from OAPS.

Stage 4: Attend a two-day seminar 'Core Training'

Attend a two day seminar ‘Core Training’ – a Program Nomination Form (PNF) is provided at the end of training. Once OAPS reviews your PNF an adoption application package will be sent to you.

Stage 5: Lodge a formal application

Lodge a formal application to adopt within 6 weeks of attending the seminar. Your application will be screened to see if DCJ can proceed with your adoption application. The screening occurs after all the required documentation is received (such as medical reports, criminal record checks, personal references, birth/marriage and other certificates).

Stage 6: Undergo OAPS assessment

Undergo OAPS assessment including interviews with an adoption assessor. The assessor will write a report about how you meet the legislative requirements of the NSW Adoption Act 2000. 

Stage 7: Approval decision

Approval decision is made by OAPS. If your application is approved an approval decision is valid for 4 years and your names will be entered on the DCJ Register of approved adoptive parents.

Stage 8: If approved for Local Adoption or Permanent Care

If approved for Local Adoption or Permanent Care, you enter the pool of approved adoptive applicants and prepare a profile for consideration by birth parents. Placement occurs if you are chosen as the family best able to meet a child’s needs and the birth parent’s requests. There is no ‘waiting list’ or date priority system. If also authorised for permanent care, your profile may also be considered by a DCJ district or agency out of home care staff where a child is in need of a permanent family.

If approved in the Intercountry Program, you will be supported by your caseworker to compile a dossier which is  sent to the overseas country for their approval decision. If approved, your application will remain on their waiting list pending an adoption proposal. The decision to place a child for adoption with a family rests with the overseas adoption authorities. Timeframes vary from country to country.

Please note that in both programs, caseworkers are allocated to you and support you while you wait for a child to matched to your family. An annual review will occur on the anniversary of your approval and a formal re-assessment at the end of the approval period. Intercountry adoption requires a more formal update to the assessment every two years.

Stage 9: Plaement processes and timeframes

Placement processes and timeframes vary for each program (Local, Permanent care and intercountry adoption) All proposed placements include an initial meeting where prospective adoptive parents receive all the relevant information DCJ holds about the child and their social and medical history before making a decision to parent the child. The length of time taken to introduce a child to your family will be determined on an individual basis to ensure the process is suitable for the individual child’s circumstances and in their best interest.

Your obligations

It is your responsibility to always maintain your eligibility for adoption, until a court order for the adoption is granted.

Changed circumstances

The Adoption Regulation 2015 (clause 48(2)) requires an approved applicant to notify the relevant decision maker as soon as practicable, of any significant changes in their circumstances.

An updated assessment report may be required if there is a significant change in your circumstances.

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