This document details state adoption law in Australia as of February 2012. All Australian states discriminate on the basis of adoptee age, only allowing adoption of children and prohibiting adult adoption other than in very restrictive circumstances that makes it virtually impossible to adopting-back a child that the parent lost to adoption. We support efforts to get discriminator laws changed. Note that terminating an adoption may be an option for Australian adoptees; however, it is important to obtain professional legal advice before pursuing any action.
Australian Capital Territory | New South Wales | Northern Territory | Queensland | South Australia | Tasmania | Victoria | Western Australia
Australian Capital Territory – Adoption Act 1993
Part 3 Adoptions under this Act, Division 3.1 Who can be adopted?
10 Adoption of person 18 years old or older
An adoption order may be made for a person who was 18 years old or older on the day the application was filed in the court if the person-
(a) has been reared, maintained and educated by the applicant or applicants under a de facto adoption; and
(b) is present in the ACT.
New South Wales – Adoption Act 2000 No 75
Chapter 4 The Adoption Process, Part 1 General, 24 Who can be adopted? (cf AC Act s 18 (1))
(1) An adoption order may be made in relation to a child who:
(a) was less than 18 years of age on the date on which the application for the order was made, or
(b) was 18 or more years of age on that date and was cared for by the applicant or applicants for the order.
(2) For the purposes of subsection (1) (b), a child was cared for if the child:
(a) has been cared for by the applicant or applicants, or by the applicant and a deceased spouse of the applicant, as his or her or their child prior to reaching the age of 18 years, or
(b) has, as a ward within the meaning of the Children (Care and Protection) Act 1987 or a person under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998, been in the care responsibility of the applicant or applicants or of the applicant and a deceased spouse of the applicant.
Northern Territory – Adoption of Children Act 1994
PART 3–ADOPTIONS UNDER THIS ACT, Division 1–General,
12 Who may be adopted
(1) Subject to this Act, the Court may, on application, make an order for the adoption of a child who:
(a) had not attained the age of 18 years before the date on which the application was filed in the Court; or
(b) has been brought up, maintained and educated by the applicant or applicants, or by the applicant and a deceased or estranged spouse of the applicant, as his, her or their child.
Queensland – Adoption Act 2009
ADOPTION ACT 2009 No. 29 – SECT 10, Division 3–Adoptions under this Act,
10 Who may be adopted
(3) An adult may not be adopted.
NOTE: See “A Gap in the Adoption Act 2009 (Qld): The Case for Allowing Adult Adoption: by Kent Blore, Researcher at the TC Beirne School of Law, University of Queensland.
South Australia – Adoption Act 1988
This legislation does not make provision for the adoption of adults. However, it does not expressly forbid adult adoption either. Hence, it is possible that adults may be adopted under a separate petition to the court.
Tasmania – Adoption Act 1988
Division 2 – General, 19. Who may be adopted
(1) On application by the Secretary or the principal officer of an approved agency but subject to this Act, the court may make an order for the adoption of a child who –
(a) had not attained the age of 18 years before the date on which the application was filed in the court; or
(b) has been brought up, maintained, and educated by –
(i) the prospective adoptive parent or either of the prospective adoptive parents; or
(ii) the prospective adoptive parent and his or her deceased spouse as the child of that parent or, as the case may be, of that parent and his or her spouse – but the court shall not make an order for the adoption of a child who is, or has been, married.
Victoria – Adoption Act 1984
Authorised Version No. 062, PART II—ADOPTIONS UNDER THIS ACT, Division 1—General
10 Who may be adopted
(1) Subject to this Act, the Court may make an order for the adoption of a person who—
(a) had not attained the age of eighteen years before the date on which the application was
filed in the Court; or
(b) has been brought up, maintained and educated by the applicant or either of the applicants, or by the applicant and a deceased spouse or de facto spouse of the applicant, as the child of the applicant or of the applicant and deceased spouse or de facto spouse as if the applicant were the parent of that child, or the applicant and deceased spouse or deceased de facto spouse of the applicant were the parents of that child.
Western Australia – Adoption Act 1994
Part 3 – The adoption process, Division 10 – Adoption orders
66. Who may be adopted
(1) Subject to subsection (2), a person may be adopted if he or she –
(a) is a child; and
(b) is not, and has not been, married or in a de facto relationship, but not otherwise.
(2) A person who is 18 or more years of age may be adopted by a person who was a carer or step-parent of the first-mentioned person immediately before the first-mentioned person attained 18 years of age.
(3) A person cannot be adopted by a relative of the person, other than a step-parent.