ADOPTION ACT 1993
Table of Provisions
PART 1--PRELIMINARY
PART 1A--OBJECTS AND PRINCIPLES
- 4 Objects of Act
- 5 Best interests of child or young person paramount consideration
- 6 Aboriginal and Torres Strait Islander child or young person—additional
PART 2--JURISDICTION
PART 3--ADOPTIONS UNDER THIS ACT
Division 3.1--Who can be adopted?
- 9 Adoption of child or young person
- 10 Adoption of person 18 years old or older
- 11 Previous adoption immaterial
- 12 Frustration of immigration law
Division 3.2--Who can adopt?
- 13 Residency requirement
- 14 Additional requirements for adoption of child or young person
- 18 Approval of suitable people
- 19 Register of suitable people
Division 3.3--Consents to adoptions
- 26 Consents of parents and guardians
- 27 Information for certain parents considering consent
- 28 Consent of applicant not required
- 29 General or limited consents
- 30 Instrument of consent
- 31 Revocation of consent
- 32 Access during revocation period
- 33 Consents under law of a State or another Territory
- 34 Defective consents
- 35 Dispensing with consent
Division 3.4--Placement of child or young person before adoption
- 35A Placement of child or young person before adoption
- 35B Consultation with child or young person before deciding placement
Division 3.5--Guardianship before adoption
- 36 Guardianship before adoption
- 37 Guardianship of non-citizen child or young person
- 38 Transfer of guardianship of child or young person until adoption
- 39 Review of status of child or young person released for adoption
Division 3.6--Proceedings for an adoption order
- 39A Application for adoption order
- 39B Notice of application for adoption order
- 39C Parties to proceeding
- 39D Report on proposed adoption
- 39E Consultation with child or young person before adoption order made
- 39F Deciding application for adoption order for child or young person
- 39G Aboriginal or Torres Strait Islander child or young person
- 39H Adoption of non-citizen child or young person
- 39I Deciding application for adoption order for person 18 years old or
- 39J Notification to director-general of adoption order
- 39K Alternative orders on refusal of adoption order
- 39L Discharge of adoption order
Division 3.7--Conditional orders
- 40 Adoption order subject to certain conditions
- 41 Amendment of adoption condition
- 42 Cessation of condition
Division 3.8--Effect of adoption orders
- 43 General effect
- 44 Disposition of property
- 45 Names of adopted child or young person
- 46 Effect of order on domicile
- 47 Distribution of property by trustee or personal representative
- 48 Bequest by will to unascertained adopted person
- 49 Gifts between living people
Division 3.9--Interim orders
PART 4--RECOGNITION OF AUSTRALIAN ADOPTIONS
- 53 Recognition of Australian adoptions
PART 4A--INTERCOUNTRY AND OVERSEAS ADOPTION
Division 4A--.1 Preliminary
- 54 Adoptions outside Australia—general
- 55 State central authority
- 56 Functions of State central authority
Division 4A--.2 Convention on intercountry adoption
Subdivision 4A--.2.1 Adoption under Convention- 57 Adoption in ACT of ACT child or young person by parents from Convention
- 57A Report on child for intercountry adoption
- 57B Adoption in ACT of child or young person from Convention country by ACT
- 57C Issue of adoption compliance certificate Subdivision 4A--.2.2 Recognition under Convention
- 57D Recognition of adoption of child or young person from Convention country in that
- 57E Recognition of adoption of child or young person from Convention country to another
- 57F Effect of recognition
- 57G Refusal to recognise adoption or decision
- 57H Order terminating legal relationship between child or young person and
- 57I Evidential value of adoption compliance certificate
Division 4A--.3 Bilateral arrangements for intercountry adoptions
- 57J Adoption in ACT of child or young person from prescribed overseas jurisdiction by ACT
- 57K Evidential value of adoption compliance certificate—div 4A.3
Division 4A--.4 Recognition of other overseas adoptions
- 57L Recognition of adoption order made outside Australia
- 57M Declaration of validity of adoption order made outside Australia
PART 5--ACCESS TO INFORMATION
Division 5.1--General
- 58 Definitions—pt 5
- 59 Application—pt 5
- 60 Confidentiality of records
- 61 Records of adoptions
- 62 Provision of information
Division 5.2--Non-identifying information
Division 5.3--Identifying information
- 66 Right of access
- 67 Recipient of application
- 68 Restriction on entitlement to apply
- 69 Assistance in obtaining approval
- 70 Objection to contact—adoptions before Adoption Amendment Act 2009 (No
- 71 Contact veto by person other than adopted person—adoptions before Adoption
- 72 Counselling services
- 73 Declaration that contact not be attempted
- 74 Birth details of adopted person born overseas
- 75 Application to court in absence of consent
- 76 Other person's right to information
- 77 Family information service
- 78 Adoption information register
- 79 Contact veto register
- 80 Reunion information register
PART 6--PRIVATE ADOPTION AGENCIES
- 81 Application for approval
- 82 Grant or refusal of approval
- 83 Change in principal officer
- 84 Effect of action by principal officer
- 85 Revocation or suspension of approval
- 86 Effect of cessation of approved agency
- 87 Requirements for private adoption agencies
PART 7--OFFENCES
- 88 Territorial application of pt 7
- 89 Taking away etc of adopted child or young person by birth parent
- 90 Receiving or harbouring child or young person
- 91 Interfering with upbringing of child or young person
- 92 Approval of communications
- 93 Director-general's report for prosecution
- 94 Payments in consideration of adoptions etc
- 95 Unauthorised arrangements for adoption
- 96 Unauthorised advertising
- 97 Restriction on publication of identity of parties
- 99 Personation of person whose consent to adoption is required
- 100 Presenting consent obtained by fraud etc
- 101 Improperly witnessing consent
PART 7A--NOTIFICATION AND REVIEW OF DECISIONS
- 102 Meaning of reviewable decision—pt 7A
- 103 Reviewable decision notices
- 103A Applications for review
PART 8--MISCELLANEOUS
- 104 Registration of orders
- 105 Memoranda of orders interstate
- 106 Particulars of interstate orders
- 107 Legal representation of child or young person
- 108 Notification to parents
- 108A Financial support of adopted children and young people
- 111 Authority to prosecute
- 112 Hearings to be in camera
- 113 Contents of reports not to be disclosed
- 114 Restriction on inspection of records
- 115 Director-general may appear at hearings
- 116 Proof of adoptions
- 118 Determination of fees
- 120A Approved forms
- 121 Regulation-making power