Adoption contact - open adoptions 1976-present
From the 1970s onward there was a shift in NSW to ‘open adoptions’. Open adoption allows continued contact between the child and their birth parents. Laws in this period relate to both Aboriginal and non-Aboriginal people, however, the issue of open/closed adoptions has a particular impact on Aboriginal children, due to their cultural connection and Aboriginal identity.
In 1976, the Adopted Persons Contact Register was established, which facilitates contact between adopted children and birth parents who wish to make contact (). This marked a shift to open adoption practices in NSW. Prior to this Register, there were no legally facilitated ways for adopted children and birth parents to contact one another.
The practice of closed adoptions was formally changed in 1990 by the Adoption Information Act 1990 (NSW) (). This Act was an important law which helped people involved in the adoption process to access information on birth parents, including a register so adoptees and birth parents could request contact with each other.
Despite making up more than a third of all children removed from their families in 2017, only four Aboriginal children were adopted (three of whom were adopted into a non-Aboriginal family) (). Part of the reason for low adoption rates for Aboriginal children in the 21st Century is because adoption is not considered culturally appropriate for Aboriginal children, for whom placement with extended family is preferred ().
The Adoption Act 2000 (NSW) recognises that the concept is absent in customary Aboriginal kinship arrangements () and the Children and Young Persons (Care and Protection Act 1998 (NSW) prescribes adoption as the last preference for permanent placement of an Aboriginal child ().
The story of one person who was placed with a non-Aboriginal family demonstrates the importance of open adoption for Aboriginal people: 'Every day is a day to reconnect. You have strong days and days where you are questioning your connections and whether acceptance is there or to what degree. I feel for those of us who were removed and had vastly different experiences of upbringing, those who weren’t cared for or protected’ ().
Further changes were made to the adoption process in 2018 (). This means that Aboriginal children in foster care who are not restored to their birth parents within two years can be adopted by their foster carers without the birth parents’ consent.
These adoptions are open, meaning the child is able to have continued contact with his or her biological parents.
These changes were supported by the NSW Government and Federal Government with respect to Aboriginal children (). However, advocates have argued that this could create a new Stolen Generation () and have criticised the government for blurring the lines between foster care and adoptions ().
The law and policy in this subject is accurate as of 1 June 2024.