ADOPTION ACT 1993
ADOPTION ACT 1993
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Dictionary
3. Notes
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
7. Proceedings
8. Rules of private international law not to apply
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
50. Making of order
51. Duration
52. Discharge
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
63. Right of access
64. Protection of privacy
65. Medical 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
SCHEDULE 1
DICTIONARY
ENDNOTES
