A member asked over 7 years ago

Intrafamily adoption

If a child is born in Australia with 1 birth parent being an Australian citizen and the other being a Tongan citizen, what would be the legal process they had to undertake in order to do a intrafamily adoption?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Under Australian law, a child will automatically acquire Australian citizenship if they are born in Australia and have at least one parent who is an Australian citizen. The law also presumes that a man is the father of a child if the father is married to or lives with the woman who gave birth to the child. These presumptions can be challenged via paternity tests.

In your situation, it is not clear who wants to adopt the child and for what purpose. For this reason, the below information about NSW adoption laws is of a general nature only and may or may not be relevant to your situation.

To adopt, first the applicant must meet the eligibility requirements. These include how long the applicant has had an established relationship with the child, how long they have lived together with their partner if applicable, their age as well as the child's age, how long they have been living in NSW, and whether they are fit and proper people to fulfil parental responsibilities.

Under NSW law, this information can be filed in an application with the Supreme Court as a signed written statement called an affidavit, with an attached police certificate. Two close friends need to have observed the applicant interacting with the child in a family environment, and also complete an affidavit filed at the Supreme Court. An Adoption Assessor meets with the applicant in their family home and prepares a report to be submitted to the Supreme Court.

Lastly, the biological parents must consent to the proposed adoption by signing an Instrument of Consent filed with the Supreme Court. If the child is over 12 years of age, they must also consent to the adoption.

Suggested way forward

If you want more information about adoption in NSW, you can visit the NSW Government Family & Community Services website (www.community.nsw.gov.au). You may also want to speak to a family lawyer who can advise you about the adoption process. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


Hire lawyers to solve your legal problem now. Learn more

Other Questions

If you're experiencing any technical problems, please email techsupport@lawadvisor.com.