Open Adoption NSW: How It Works Under the Permanency Support Program

Adoption in New South Wales is not what most people picture. There are no closed files, no sealed identities, and no complete severing of ties with birth family. In NSW, adoption from care is described as "open" — meaning the child maintains a relationship with their birth family, governed by a formal agreement and registered with the Supreme Court.

This is a significant shift from adoption as it was practised historically in Australia. And it is also one of the most misunderstood aspects of NSW foster care. If you're a carer who has been fostering a child for some time and the agency is now discussing the possibility of adoption, or if you're a prospective carer wondering whether foster-to-adopt is possible in NSW, this is what you need to understand.

Open Adoption as a Permanency Goal Under the PSP

Under the NSW Permanency Support Program (PSP), every child in out-of-home care must have an active permanency goal. The hierarchy is:

1. Family preservation (child never enters care)
2. Restoration to birth parents
3. Guardianship (parental responsibility transferred to a carer)
4. Open adoption (for non-Aboriginal children only)
5. Long-term care (last resort)

Open adoption sits fourth in the hierarchy — it is the preferred option if restoration and guardianship are not available or appropriate, and the child is non-Aboriginal. It is governed by the Adoption Act 2000 (NSW), with an Adoption Plan registered with the Supreme Court.

The PSP's two-year timeframe means that agencies are expected to have identified and pursued a permanency goal well within two years of a child entering care. In practice, the adoption process itself can take longer — but the decision about whether adoption is the goal should be made within that window.

What "Open" Actually Means

An open adoption in NSW does not terminate all connection between the child and their birth family. Instead, it operates under an Adoption Plan — a legally registered document that specifies the ongoing contact arrangements between the child and their birth relatives.

The Adoption Plan can cover:

• How often the child has contact with birth parents (letters, photos, visits, phone calls)
• Contact with siblings who may not have been adopted
• Access to information about the child's background and heritage
• What happens if circumstances change

The Adoption Plan is registered with the Supreme Court and sets out the ongoing contact arrangements.

The practical result: adoption establishes the adoptive family as the child's legal family while maintaining a defined, structured connection to the birth family through the Adoption Plan. This is very different from historical adoption — and very different from what most people assume when they hear the word "adoption."

Open Adoption vs. Guardianship: What's the Difference?

This is one of the most common questions prospective carers ask, and it matters because the answer shapes the child's legal status, the carer's authority, and the ongoing involvement of DCJ.

Under a Guardianship Order:

• Parental responsibility is transferred to the carer until the child turns 18
• The child is no longer legally "in care" and no longer has a caseworker
• The birth parents retain their legal parental status (the order doesn't extinguish it)
• The carer receives the fortnightly care allowance at the standard rate
• If circumstances change significantly, the order can be reviewed by the court

Under an Open Adoption:

• The child is legally a full member of the adoptive family — the legal relationship with birth parents is extinguished and replaced by the adoptive relationship
• The child takes on the adoptive family's name if both parties agree
• The adoption is permanent — it cannot be reversed without extraordinary circumstances
• Contact with birth family continues under the Adoption Plan
• DCJ involvement formally ends

For many children, particularly those who came into care as infants or very young children, open adoption provides a more definitive sense of permanency than guardianship. For the carer, it is also a more complete legal relationship — there is no ongoing uncertainty about whether a court might restore the child to their birth parents.

For children with complex situations — siblings in different placements, strong existing relationships with birth family, or where the circumstances that led to removal are likely to remain — guardianship may be more appropriate.

Who Can Apply to Adopt from Care in NSW?

Not every foster carer is in a position to adopt, and not every child in foster care is eligible for adoption. The key requirements for adoption applicants in NSW include:

• You must be assessed and approved through the relevant accredited adoption process (Barnardos is a major provider in this area)
• Adoption from care is generally considered in the context of an existing placement
• For Aboriginal children, the ATSICPP and cultural permanency considerations apply
• The adoption process involves the consent and court steps that apply to the individual case

Barnardos Australia specialises in this area. Their "Find-a-Family" program focuses specifically on matching children under 12 who cannot return home with adoptive families. If adoption from care is your specific goal, approaching Barnardos at the outset is the clearest pathway.

Aboriginal Permanency Considerations

For Aboriginal children, the ATSICPP and cultural permanency considerations apply. The research describes guardianship with Aboriginal kin or community members, with ongoing cultural connection maintained through a Cultural Support Plan, as the preferred outcome when restoration is not possible. This reflects the historical harm caused by the forced removal of Aboriginal children from their families and communities, and the obligation to maintain connection.

What the Open Adoption Process Looks Like

Once an agency determines that open adoption is the appropriate permanency goal for a child:

1. The permanency goal is assessed and recorded in the child's case planning.
2. The agency explains the consent and court steps that apply to the individual case.
3. An Adoption Plan sets out ongoing contact and is registered with the Supreme Court.
4. If the court makes an adoption order, the adoptive family becomes the child's legal family.

The research does not provide a fixed court timeline; timing depends on the complexity of the case and the consent and court process.

For Foster Carers Considering Open Adoption

If you are currently fostering a child and your agency is discussing open adoption as a permanency goal, the most important thing you can do is understand the Adoption Plan process and what contact arrangements you are willing to commit to. The contact arrangements are set out in the Adoption Plan, which is registered with the Supreme Court.

This is also where good legal advice matters. The agency will guide you through their process, but having an independent understanding of your rights and obligations under the Adoption Act 2000 is valuable.

The New South Wales Foster Care Guide covers the practical differences between guardianship and open adoption, what the court process involves, and how to navigate the contact and Adoption Plan negotiation with birth families.

See more New South Wales guides →