Adoption

Introduction

Adoption is a permanent legal process that provides a child with new parents. It severs the legal relationship between a child and their birth parents.

Adoption must be in the child’s best interest and meet the requirements of the Adoption of Children Act 1994.

This guide has information if you:

  • are considering:
    • adoption for your child
    • adopting a child from the Northern Territory (NT) or overseas
    • adopting your spouses’ child, known as step adoption
    • adopting a related child, or a child not related but known
  • want to find out information about a past adoption in the NT.

Adoption of your child

If you’re considering adoption for your child, you can get support from:

  • an adoption practitioner or
  • other person such as a hospital social worker to help you make your decision.

The decision to part with your child is a difficult one.

Before you give consent, it’s important you fully understand what adoption means for you and your child.

Getting support can help you to make the best decision for you and your child's future.

Temporary care of your child

You can sign a temporary placement arrangement. This means your child is placed in foster care while you make your decision.

This is a voluntary agreement, and gives shared legal rights to Territory Families as the guardian of your child for a specified period of time.

Consenting to adoption

If you decide to part with your child for adoption, you must sign an adoption consent form.

All parents who are named on the birth certificate need to give consent.

There is no legal obligation in the Northern Territory (NT) for the birth mother to name the birth father on the birth certificate.

You can only sign the consent form after:

  • a newborn is at least 30 days old
  • you have been given official information about the legal aspects of adoption - this must happen at least seven days before signing.

Withdrawing consent

Once you sign the adoption consent form, it does not become legal for another 30 days.

This period gives you time to reconsider your decision and to test how it feels to be  separated from your child.

You can change your mind and withdraw your consent at any time during this period, even if you have signed a temporary placement arrangement.

You must withdraw your consent in writing.

Birth parents' rights after adoption

Once the adoption consent form has been signed and the 30-day period has passed, the birth parents no longer have parental legal rights.

In some circumstances, it may be possible for the birth parents and the adoptive parents to negotiate and exchange information about the child at the time of the adoption or after.

This is called an open adoption and must be understood and agreed on by all the people involved.

When the child turns 16 years old and with the adoptive parents' consent, they can apply to the department for their birth information.

When the child turns 18 years old, they don't need their adoptive parents' consent to apply.

If the child requests and the adoptive parents agree, communication may happen between the child and their birth family before they’re 16 years old.

This communication must be in the child's best interests and supported by the NT Adoption Unit.

Adoptive parents

Adoptive parents are selected from approved applicants who have been fully assessed by a panel of senior staff from Territory Families.

The department is responsible for deciding which approved applicants would be the most suitable for the child.

This decision is made with the best interests of the child as the highest concern.

As the child's birth parents, you can provide input into the decision.

You can also express your wishes about the adoptive parents that you feel are important for your child's future in areas such as:

  • religion
  • ethnic background
  • age and lifestyle.

You may also be given some information about the potential adoptive parents.

This information will not identify who they are, but can help you consider and provide feedback about who you would prefer to adopt your child.

Finalising the adoption

The adoption is finalised with a court order:

  • once the child has been with the new family for about one year and
  • the placement has been successful.

As part of this, the Births, Deaths and Marriages office will issue a new birth certificate with the details of the new legal family.


Adopting a child from the NT

Unless exceptional circumstances exist, if you wish to adopt a child in the Northern Territory (NT), you must be:

  • an Australian citizen or permanent resident
  • living in the NT
  • in a relationship (either married or de-facto)
  • between 25 and 40 years older than the child you wish to adopt, or up to 45 years older if you have care and custody of another child.

You must also meet the suitability requirements. To find out more, read the adopting a child in the NT fact sheet PDF (163.8 KB).

If you're single

If you're single, you may be able to adopt a child in exceptional circumstances.

The adoption must be in the best interests of the child.

You will be assessed for your suitability including whether you're already known to the child or are well-equipped to meet the child's needs.

How to register your interest

To register your interest in adopting a child, follow these steps:

Step 1. Fill in the form

Fill in an expression of interest form as the first official step in the adoption process:

Expression of interest form PDF (589.4 KB)
Expression of interest form DOCX (62.1 KB).

You must also declare:

  • that you have not had a previous adoption registration cancelled or rejected
  • a child has not been removed from your care
  • you have not been convicted of an offence involving abuse or abduction of a child
  • you're mentally and physically capable of caring for a child.

Step 2. Submit the form

Submit the completed form by mail or email the Adoption Unit.

The Adoption Unit will then contact you and make an appointment to discuss your circumstances.

Contact

Contact the Adoption Unit.


Adopting a stepchild

If you want to adopt your partner’s child, it's best to get legal advice from a lawyer who specialises in family law.

Unless exceptional circumstances exist, if you wish to adopt a child in the Northern Territory (NT), you must be:

  • an Australian citizen or permanent resident
  • living in the NT
  • in a relationship (either married or de-facto)
  • between 25 and 40 years older than the child you wish to adopt, or up to 45 years older if you have care and custody of another child.

Exceptional circumstances can be considered.

You, your partner and the child must be NT residents.

Children over 12 years old must give their consent to the adoption.

Consent must also be given by the relinquishing parent if they are listed on the birth certificate, and in other exceptional circumstances.

How to register your interest

To register your interest in adopting a child, follow these steps:

Step 1. Fill in the form

Fill in an expression of interest to step adoption form DOCX (60.8 KB).

This is the first official step in the adoption process.

You will need to declare all of the following:

  • that you have not had a previous adoption registration cancelled or rejected
  • a child has not been removed from your care
  • you have not been convicted of an offence involving abuse or abduction of a child
  • you are mentally and physically capable of caring for a child.

Step 2. Submit the form

Submit your completed form by mail or email to the Adoptions Unit.

The Adoption Unit will contact you and make an appointment to discuss your circumstances.

You can contact the Adoption Unit at any time for more information or to discuss your application.


Adopting a child from overseas

Unless exceptional circumstances exist, if you wish to adopt a child in the Northern Territory (NT), you must be:

  • an Australian citizen or permanent resident
  • living in the NT
  • in a relationship (either married or de-facto)
  • between 25 and 40 years older than the child you wish to adopt, or up to 45 years older if you have care and custody of another child.

In addition to the above, if you wish to adopt a child from overseas, you must meet the criteria of the country you want to adopt from.

You must also meet the suitability requirements. To find out more, read the adopting a child in the Northern Territory fact sheet PDF (163.8 KB).

Partner countries

The NT has established legal arrangements in place with the following countries:

  • India
  • Taiwan
  • Philippines
  • Thailand
  • Columbia
  • South Korea.

For a full list of partner countries available in Australia, go to the Australian Government's intercountry adoption website.

Before you apply

  • You must live in the NT for the whole adoption process as there are risks associated with relocations.
  • Intercountry adoption has additional fees from the overseas country.

To find out more about international adoption law, go to the Hague Convention on Private International Law website.

Children available for intercountry adoption tend to be older and have grown up in institutions. They may have significant medical, family background and trauma related special needs.

Contact

Contact the Adoptions Unit.


Find out about a past adoption in the NT

You can find out about a past adoption from the Adoption Unit of Territory Families, Housing and Communities if:

  • you were legally adopted
  • had a child adopted or
  • had a family member adopted in the Northern Territory (NT).

This is a free service.

The family information service in the Adoption Unit can provide information, support and if needed, mediation between parties.

Before you're given any identifying information, you must receive counselling.

The Births, Deaths and Marriages office can only provide information if they have authorisation from the Adoption Unit.

How to apply

To apply, follow these steps:

Step 1. Fill in the form

You must fill in the family information service application.

Family information service application PDF (179.2 KB)
Family information service application DOCX (69.4 KB).

Step 2. Attach supporting documents

You must also attach 2 forms of photo identification and proof of address with the form.

Photo ID

You can use any of the following:

  • birth certificate
  • Australian passport
  • Australian citizenship certificate
  • Australian or foreign driver licence
  • licence or permit issued by the Australian Government or a state or territory government showing your photo and date of birth 
    • e.g. firearms licence, MSIC or ASIC licence
  • evidence of age card from any Australian state or territory
  • photo identity document issued by an Aboriginal land council
  • statutory declaration confirming your identity written by someone you have known for at least a year - it must:
    • be the original signed version
    • it must include all of your previous names and a passport-sized photo of yourself
  • a current and valid working with children clearance notice / Ochre Card
  • photo ID showing you're an Australian Government, state or territory employee
  • Medicare, Centrelink or health care card
  • credit card, debit card or passbook - one per bank
  • council rates notice with your name and current residential address
  • utilities notice with your current address.

Any copies must be certified by a Justice of the Peace or Commissioner for Oaths.

Step 3. Submit the form

Submit the form by mail or email to the Adoption Unit.

Contact

For more information, contact the Adoption Unit.


Adoption Unit contact details

Contact the Adoption Unit by emailing tfhc.adoptions@nt.gov.au or calling 08 8922 7443 or 08 8922 5519.

You can also:

  • send mail to:
    PO Box 37037
    Winnellie NT 0820
  • visit in person at:
    Level one
    RCG Centre
    47 Mitchell Street
    Darwin NT 0800.