Provision of adoption services 1788-present
Laws and policies have had varying requirements for consultation by adoption agencies with birth parents and/or the child’s community.
Prior to 1965, people in NSW could arrange adoptions and choose who their child was placed with without an agency being involved.
The Adoption of Children Act 1965 (NSW) () ended this practice so that adoptions could only be arranged by adoption agencies approved by the court. The Catholic Adoption Agency, for example, was founded in response to the Act and coordinated the adoption of all Catholic children in NSW. Notably, no adoption agency was created for Aboriginal children in the 20th century, as many were placed into state care or were adopted shortly after birth (see SUB0232).
In 1997 the NSW Law Reform Commission reviewed the 1965 Act and recommended that specific processes be undertaken by adoption services for Aboriginal children (). Prior to arranging adoption of an Aboriginal child, the Law Reform Commission recommended that a private adoption agency consult with birth parents and an approved Aboriginal agency to explore any other possibilities for care in accordance with Aboriginal customary law.
This recommendation was largely enacted into law through the Adoption Act 2000 (NSW) (), which made it mandatory for adoption agencies to undertake consultation prior to adopting an Aboriginal child into a new family. Only charitable or not-for-profit organisations accredited by the Children’s Guardian could provide adoptive services. This requirement was repealed and replaced by a similar provision in the Children's Guardian Act 2019 (NSW) ().
The growing role of non-government organisations in the adoption system has drawn criticism. The government’s role in child protection services has been described as shrinking, with adoption services have 'far too much leeway to make critical decisions about a child and have little oversight of their practices’ (). A number of adoption agencies have recognised that adoption is not appropriate for Aboriginal children. Barnardos Australia, for example, states ‘we acknowledge adoption is culturally inappropriate for Aboriginal cultures’ ().
The law and policy in this subject is accurate as of 1 June 2023.