Main content area

Adopted children from overseas - new legislation

A new Bill amends the  Adoption Act 2000 (NSW), the regulations under that Act and the Births, Deaths and Marriages Registration Act 1995 (NSW) in relation to the registration of adoptions granted in foreign countries.

Proposed changes

Parents who adopt a child overseas will be able to obtain NSW birth certificates for their children, giving them the same rights as children adopted in NSW.  These children would be able to use a NSW birth certificate as proof of identity instead of the adoption documents issued in their country of birth.

At present, children adopted from China are issued with a certificate of abandonment stating that their parents are unknown.  This amendment will enable the parents to apply for a birth certificate that will state where the child was born and who their parents are in the eyes of the law – it will not state whether the parents are biological or adoptive.  Source: media release, 29 September 2013, by Greg Smith and Pru Goward.

See: Adoption Legislation Amendment (Overseas Adoption) Bill 2013 (NSW).  

This Bill has passed both houses and was assented to on 29 October 2013.  It commences on assent.

For more information about adoption see: