Adult Adoption in South Australia: How Section 10A Works

Most people associate adoption with infants or young children. But South Australia allows a form of adoption that is rarely discussed publicly: the legal adoption of an adult. If you spent years in foster care with a family who became your de facto parents, or if you grew up in a step-parent or extended family situation and want to formalise that bond in law, adult adoption may be an option.

This is a small but meaningful area of SA adoption law, introduced through 2016 amendments and formalised in the Adoption (General) Regulations 2018.

What Section 10A Allows

Section 10A of the Adoption Act 1988 (SA) allows the Youth Court to make an adoption order for a person who is over the age of 18 at the time of the application. The legal effect is identical to any other adoption — it creates a permanent, irrevocable parent-child relationship with all the inheritance, legal, and identity consequences that follow.

The provision exists to recognise a straightforward reality: some people were raised by carers, step-parents, or family members who were not their legal parents, and who never completed a formal adoption while the person was a minor. Once the person turns 18, the standard adoption process is no longer available. Section 10A fills that gap.

Who Qualifies

The Youth Court can make an adult adoption order if:

1. A "significant parent-to-child relationship" existed between the applicant and the adult before the adult turned 18
2. The adult appears to understand the nature and consequences of the adoption

The relationship requirement is critical. It cannot be a relationship that only formed after the person turned 18. The court is looking for evidence of a genuine parental bond that existed during the person's minority — not simply a close friendship or a professional caring relationship that developed in adulthood.

Common scenarios that meet this threshold include:

• Adults who were in long-term foster care with the same family throughout their childhood and adolescence
• Adults raised by a step-parent who did not complete adoption while they were minors
• Adults raised by grandparents, aunts, or uncles in a de facto parental role

The Youth Court Process

Adult adoption applications are made to the Youth Court of South Australia. The process involves:

1. Filing an application with supporting documentation evidencing the pre-18 parental relationship
2. The court conducting an assessment to ensure the adult understands what adoption means legally — including that it creates inheritance rights, severs legal ties with biological parents, and is permanent
3. A hearing where the court considers whether the order is appropriate

Unlike child adoptions, there is no mandatory DCP assessment or home study for adult adoption. The process is more direct, though legal representation is still advisable.

Consent Requirements

Adult adoption requires the consent of the adult being adopted — this is not optional. The adult must genuinely agree to the adoption and must demonstrate that they understand what it means.

The Act also requires the consent of the adult's biological parents or legal guardians. However, the Youth Court has broad discretion to dispense with parental consent in adult adoption cases, particularly where:

• The biological parents cannot be located
• There has been a long-standing estrangement
• The biological parents' objection is seen as outweighed by the adult's autonomy and the genuine nature of the existing parental bond

In practice, where an adult has a strong, established relationship with the prospective adoptive parent and is personally motivated to formalise that relationship, courts have been willing to dispense with biological parent consent where it is withheld without compelling reason.

Why Adults Pursue Adoption

The motivations for adult adoption are different from those that drive infant or child adoption. The most common drivers include:

Inheritance and legal security: Without an adoption order, the parental figure has no automatic legal obligation to include the adult in their estate, and the adult has no automatic inheritance rights as a child. Adoption creates that legal certainty.

Identity and official records: An adopted adult receives a new birth certificate. For people whose early childhood records are incomplete, inaccurate, or emotionally difficult, an integrated birth certificate that lists the people who actually raised them can be significant.

Formalising love: For many people, the primary motivation is simply that they want the law to recognise what has been true for decades — that this person is their parent.

What Adoption Changes

Adult adoption creates the same legal relationship as any other adoption. Specifically:

• The adoptive parent is legally the adult's parent for all purposes, including intestacy, superannuation beneficiary designations, and next-of-kin determinations
• The adult's legal relationship with their biological parents is severed — they are no longer their legal children for inheritance or legal purposes
• The adult receives an adoption certificate and a new birth certificate (or integrated birth certificate)

The irreversibility of this severance is why courts take adult adoption seriously and ensure the adult genuinely understands the consequences. For some adults with complex feelings about their biological family, this severance can be emotionally significant even where the practical relationship has been minimal.

Is This the Right Path?

Adult adoption is appropriate where there is a genuine, long-standing parental relationship that simply was not formalised during childhood. It is not appropriate as a legal device to achieve inheritance or immigration outcomes without that underlying relationship.

If you are considering adult adoption in South Australia, the South Australia Adoption Process Guide covers the Section 10A process in detail, including the evidentiary requirements, the Youth Court process, and what happens to your original birth records after the order is made. Speaking with a solicitor who has experience in adoption matters is strongly recommended before lodging an application.

See more Australia guides →