Custody of 'child convicts’ and wards of the State 1788-1922
Between 1788 and 1922, laws relating to adoption applied to Aboriginal and non‑Aboriginal children equally. The laws related to the custody of child ‘convicts’ and children in the care of the State. Other adoptions were conducted privately at this time ().
The first law in this area was the Infant Convicts Act 1849 (NSW) (), which empowered a court to grant custody of a child under the age of 19 to another family if the child was convicted of a felony or misdemeanour.
Later, the State Children Relief Act 1881 (NSW) () provided that the State Children’s Relief Board (SCRB) could consent to the adoption of children that were in the care of the state. The Act does not specifically mention parental consent. However, if a child was a ward of the state, they were already within the care of the SCRB making parental consent unnecessary.
The Children’s Protection Act 1892 (NSW) () provided that any stipendiary or Police Magistrate may permit the adoption, apprenticeship or institutionalisation of a child under fourteen convicted of an offence, instead of the child being sent to prison. The parents of the child had no right to remove or interfere with the adopted child without the consent of the Minister.
The Infants Conviction Adoption Act 1901 (NSW) allowed the court to assign a child’s custody to a willing person without their parents’ consent if the child (under 19) had been convicted of a felony or misdemeanour ().
The Children's Protection Act 1902 (NSW) () replaced the Children’s Protection Act 1892. Consent to adoption was not always required.