Pregnancy, Birth and Baby home

Deciding to give a baby or child up for adoption

Key facts

  • Adoption is a legal process where another person or people become your child's legal parent or parents.
  • Deciding if adoption is right for you and your child is a big decision, and support is available to help you explore your options.
  • Adoption in Australia is a legal process that differs between states and territories.
  • Other options may include looking after your child yourself, shared care with family or friends or foster care.
  • If you choose adoption, an adoption plan can help you and your child’s adoptive family decide how much ongoing contact feels right for everyone involved.

What does adoption mean?

Adoption is a legal process where another person or people become your child's legal parent or parents. They take on the legal rights and responsibilities of parenting your child. The child may take on the adopting person’s surname (family name).

Adoption is a big decision, and support is available to help you explore your options and decide what is best for you and your child. 

A good place to start is by talking to:

  • a social worker at the hospital where you give birth
  • adoption services in your state or territory

Intrafamily adoption is the adoption of a child by a step-parent or relative.

What is the adoption process?

Adoption is a legal process. Each state and territory has its own adoption laws, so the process is slightly different depending on where you live.

If you are thinking about adoption for your baby or child, it is important to get as much information, advice and counselling as you need. You can do this before your baby’s birth, but nothing will be confirmed until after the baby is born. 

Understanding adoption

The laws for adoption in Australia aim to help you fully understand the adoption process and have the information and support you need before making a decision. 

You cannot consent to an adoption immediately after your baby is born. There is a waiting period before consent can be given, and the length of this period varies between states and territories.

Before you give consent for the adoption, you must:

You can express your preference regarding the type of person or family you would like to adopt your child — for example, their cultural, ethnic or religious background. The options available depend on your state or territory.

Giving consent

The consent process for adoption varies between states and territories. Adoption services can explain the requirements that apply where you live and support you throughout the process.

In most situations, all people who are legally recognised as having parental responsibility for the child need to consent to the adoption. They may be involved in the adoption process, provide relevant information and, in some cases, express preferences about the person or people who may adopt the child.

In some situations, consent from a parent may not be needed. This can include where:

  • there is a risk of harm to you or the baby
  • a parent is unknown or not legally recognised
  • the pregnancy was the result of a crime (for example, assault or rape)
  • a parent does not have the capacity to give consent

After you sign the consent form, you have a period of time to change your mind. This is usually around 30 days, depending on which state or territory you are in. During this time, your child may be cared for by foster parents. Depending on the arrangements in place, you may be able to spend time with your child during this period.

If you change your mind during this period, you can withdraw (stop) consent. Adoption services can explain the process. If you withdraw consent, your child will usually be returned to your care. If there are safety concerns or if child protection services are involved, this may not happen. 

If you do not withdraw consent and the court makes an adoption order, the adoption becomes legal and final. At that point, the adoptive parent or parents take on the legal rights and responsibilities of parenting the child.

Developing an adoption plan

An adoption plan can help guide ongoing contact between the child, the birth parents and the adoptive parents after the adoption. This is sometimes called ‘open adoption’.

You may be able to express your preferences about how much contact you are comfortable having with your child and their adoptive family. Adoption services in your state or territory can help you understand your options and help you develop an adoption plan.

There are things to think about when you make your adoption plan. Here are some examples:   

  • Will you know each other’s names?
  • What information will the adoptive parents have about you?
  • How much information will you have about the child as they grow up (such as important events in their life and any health issues they develop)?
  • Will you contact each other? If so, how often?
  • How will you communicate with each other?
  • How will the adoptive parents tell the child they were adopted and help them understand the situation?
  • If you are an Aboriginal and/or Torres Strait Islander person or from a particular cultural background, how will the adoptive parents help the child stay connected to this community?

Your child's name

After your baby is born you must register their birth name. This will be their legal name until the adoption.

Adoption services will discuss the name with the adoptive parents. They may discuss keeping the child's first name (given name), but the child will usually take their surname (family name).

Information for your child

Many people who have been adopted are interested in learning about their background, family history and personal story. like to know about their birth parents. This may include information about their birth parent or parents, medical history, and the circumstances around their adoption. 

As part of the adoption process, you may be invited to provide information that can be shared with your child in future.

In most states or territories, people who have been adopted can request access to identifying information about their birth parents when they are over 18 years of age, or at a younger age with their adoptive parents’ consent.

When do I need to decide to give my child up for adoption?

Whether you have recently found out you are pregnant or have already had your baby, you do not need to decide right away.

There is a waiting period before you can legally consent to an adoption. The length of this period varies between states and territories.

After you provide consent, there is usually a period during which you can reconsider your decision. The length of this period also varies between states and territories.
Adoption services can explain the process, timeframes and support available where you live.

What are some of the things I need to consider?

Choosing whether adoption is the right option for you and your child is a significant decision. Taking time to understand your options and access support can help you make an informed choice.

Here are some questions and things to think about:

  • Do you understand the adoption process and what adoption may mean for you and your child? Have all your questions been answered?
  • Have you explored all your options, such as parenting your child yourself, shared care with family or friends or foster care? 
  • What does the child’s other parent think? Depending on your circumstances, they may have a role in decisions about the child's care.
  • How might adoption affect you and your child in the short and long term?
  • What support networks do you have available, both now and in the future?
  • What type of ongoing contact, if any, would you like to have with your child if an adoption takes place?

What are the alternatives to adoption?

You may have a range of options, depending on your circumstances:

  • Support to help you care for your child — Financial, practical and community support may be available to help you care for your child. This can include child support (Opens in new tab) and the National Disability Insurance Scheme (Opens in new tab), if your child has a disability.
  • Shared care — A family member, friend or other trusted person may be able to help you care for your child and provide support.
  • Foster care — A foster family can look after the baby until you are ready to care for them. This is also known as out-of-home care. The arrangements and goals of foster care vary depending on your circumstances and the needs of the child.

A social worker, counsellor or adoption service can help you understand the options available and decide which approach is right for you and your child.

Where can I get help to make the decision?

If you are considering adoption, you may find it helpful to talk with someone you trust. This might include:

  • your partner
  • family members
  • friends
  • other trusted people
  • local community organisations that support pregnant people and parents
  • a social worker

You have the right to take time, ask questions and explore your options before deciding if adoption is right for you and your child.

You can also get support and information from:

How can I look after my emotional wellbeing?

Considering adoption can bring up many different emotions. You may feel uncertain, overwhelmed, hopeful, sad, relieved or a combination of feelings. Everyone's experience is different.

You may find it helpful to talk about your thoughts and feelings with someone you trust, such as a family member, friend, counsellor, social worker or healthcare professional.

Some people find it difficult to talk about adoption or feel alone while making decisions about their child's future. Support is available, and talking with others can help you process your feelings and explore your options.

People's feelings about adoption can change over time. Some people experience grief, loss, sadness or regret, while others feel confident in their decision. Many people experience a mix of emotions. There is no right or wrong way to feel.

Depending on the adoption arrangements, you may be able to have ongoing contact with your child or receive updates as they grow up. Some people find this helpful, while others prefer different arrangements. Adoption services can help you understand the options available.

Resources and support

You can get further support and information about adoption from:

You can contact adoption services in your state or territory below for information about the adoption process:

Post-adoption support services provide long-term support after an adoption is completed. Some services have been developed to specifically support parents or children affected by forced adoptions (Opens in new tab).

Looking for information for Aboriginal and/or Torres Strait Islander people?

The NSW Department of Communities and Justice provides information for Aboriginal people on adoption (Opens in new tab).

Last reviewed: June 2026

Need more information?

These trusted information partners have more on this topic.

Search our site for