Adopting within the family

Intrafamily adoption is the adoption of a child by a step parent or relative. Intrafamily adoption includes:

Step parent adoption - an application for a step parent adoption order may be made solely by the partner (married or de facto) of the custodial parent (birth parent with the child in their care) or jointly by the custodial parent and their partner as a couple.

Relative adoption - where a relative, as defined in the Adoption Act 2000 (a grandparent, son, daughter, grandchild, brother, sister, uncle, or aunt of the child, whether the relationship is by birth, marriage or adoption), applies to adopt the child in their care.

DCJ does not need to have direct involvement with step-parent or intrafamily adoptions in most cases.

For more information on the legal requirements and application process for intrafamily adoption, please see:

• Intrafamily adoption factsheet (PDF, 168.1 KB)
• Mandatory written information on intrafamily adoption - for children and young people (PDF, 217.8 KB)
• Mandatory written Information on intrafamily adoption Information for parents (PDF, 305.8 KB)
• Written Information on intrafamily adoption - additional information for parents of an Aboriginal child (PDF, 61.8 KB)
• Written Information on intrafamily adoption - additional information for parents of a Torres Strait Islander child (PDF, 64.2 KB)
• Request form to give notice to the non-custodial parent where a child over 12 years is consenting to their own adoption (PDF, 24.3 KB)
• Costs for Court Report and Registered Counselling Fact Sheet (PDF, 84.9 KB)
• List of NSW Independent Assessors and Registered Counsellors for Intrafamily and Special Case Adoption Fact Sheet (PDF, 83.4 KB)