In Australia adoptions are the responsibility of the State governments. In South Australia, the adoption process is governed by the Adoption Act 1988 (SA).

All adoptions of children by residents of South Australia are conducted through the Adoption and Family Information Service (AFIS) of the Department for Families and Communities.

Because very few babies and children are relinquished for adoption in South Australia there has been a marked increase in interest in adopting a child from overseas countries see Adopting an overseas child.

Adoption is a legal process where the rights and responsibilities of the birth parents are transferred to the adoptive parents. There are two types of adoption: local (i.e. from within Australia) and intercountry (i.e. from other countries).

Private adoptions (i.e. adoptions where a child is placed with adoptive parents without the involvement of an agency) are illegal in South Australia.

Who can be adopted

Only children up to 18 years of age may be adopted.

Where a person over 18 requires care and guardianship, a power of guardianship is the appropriate solution. This is an entirely different legal process and is not an adoption, nor can an adoption be undergone as an alternative.

Aboriginal children and adoption

Aboriginal children can only be adopted if, in the interests of the child, an adoption order is preferable to a guardianship order. This is because the legal process of adoption conflicts with Aboriginal culture, in particular, beliefs about family, kinship and the preservation of cultural ties. As a result there are strict rules governing the circumstances under which adoption of Aboriginal children can occur. An adoption order will only be granted where the applicant is a member of the child's Aboriginal community and where, by Aboriginal customary law, they have the correct relationship with the child. If there is no such person wanting to adopt the child, only another Aboriginal person[Adoption Act 1988 s 11].

Who can adopt

Only those people who are listed on the Prospective Adopters Register are eligible to adopt a child. The Prospective Adopters Register lists all people who have expressed an interest in adoption and who have satisfied the requirements under the Adoption Act.

Only couples in a marriage relationship eligible to adopt

Normally only two people in a heterosexual relationship (either married or de-facto) who have lived together continuously for at least five years can adopt a child unless there are special circumstances [Adoption Act 1988 s 12]. Same sex relationships are not included in the definition of a marriage relationship.

An adoption order may be made in favour of two persons who have been cohabiting together in a marriage relationship for a continuous period of less than five years, if the Court is satisfied that there are special circumstances justifying the making of the order. Normally, the Chief Executive cannot select a person from the Adoption Register unless they have been cohabiting with another in a marriage relationship for a continuous period of at least 3 years [Reg 19(3)(d)].

Circumstances under which only one person may adopt

Adoption orders in favour of one person can only be made in the following circumstances:

Who cannot adopt

Unless there are particular circumstances relating to the child to be placed and where those needs can be best met by other applicants, a person will not be considered as a suitable applicant for adoption if she or he:

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