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 legally required to be "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) and administered through 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 filed with the Supreme Court and is legally binding. If either party wants to change the terms, an application must be made to the court.

The practical result: an adopted child in NSW is legally a full member of their adoptive family (with all the inheritance rights, name rights, and legal standing that entails), while also maintaining a defined, structured connection to their birth family. 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 have been assessed and approved as an adoptive parent through an accredited adoption agency (Barnardos is the primary accredited provider for adoption from care in NSW)
• You must have an established relationship with the child — usually through an existing foster care placement
• The child must be non-Aboriginal, or the child and their community must have provided consent (the ATSICPP governs Aboriginal placements and generally prohibits adoption by non-Aboriginal families)
• The child's birth parents must either consent or the court must dispense with consent (which occurs when restoration has been ruled out and adoption is in the child's best interests)

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.

The Aboriginal Exception: Why Open Adoption Applies Differently

The NSW system does not pursue open adoption as the permanency goal for Aboriginal children. This is governed by the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP), which gives priority to placement with Aboriginal kin, then Aboriginal community members, then non-Aboriginal carers — and which specifically excludes non-Aboriginal adoption.

For Aboriginal children, the preferred permanency outcome when restoration is not possible is guardianship with Aboriginal kin or community members, with ongoing cultural connection maintained through a Cultural Support Plan. This is not a bureaucratic technicality — it reflects the historical harm caused by the forced removal of Aboriginal children from their families and communities, and the legal and moral obligation to prevent a repeat of that history.

What the Open Adoption Process Looks Like

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

1. A formal permanency assessment is completed and the goal is noted in the child's Case Plan.
2. The agency works with DCJ to pursue consent from birth parents, or initiates proceedings to dispense with consent if appropriate.
3. The Supreme Court reviews the application and the proposed Adoption Plan.
4. If the court approves, the adoption order is made. The child's birth certificate is amended. The adoptive family is legally the child's family.

The entire court process, from the decision to pursue adoption to the final order, typically takes six to eighteen months depending on the complexity of the case and whether there is consent or contested proceedings.

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. Open adoption in NSW is not optional contact — it is legally registered and enforceable.

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.

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