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ADOPTION ACT 1993 - SECT 39D Report on proposed adoption

ADOPTION ACT 1993 - SECT 39D

Report on proposed adoption

    (1)     The director-general, or the principal officer of a private adoption agency that made the arrangements that resulted in an application for an adoption order for a child or young person, must give a written report to the court.

    (2)     The written report must include—

        (a)     information about the circumstances of the child or young person; and

        (b)     information about the proposed adoption, including the applicant's reputation, ability to fulfil the responsibility of a parent and suitability to adopt the particular child or young person; and

        (c)     an adoption plan.

    (3)     The adoption plan may include anything that is appropriate taking into account the best interests of the child or young person, including—

        (a)     the preferences of a parent of the child or young person and of any person whose consent is required for the adoption in relation to the social, religious and financial characteristics of the adoptive family; and

        (b)     arrangements for exchanging information about the child's or young person's medical background or condition; and

        (c)     arrangements for ongoing contact between the child or young person and 1 or more of the following:

              (i)     a parent of the child or young person;

              (ii)     a person whose consent is required for the adoption;

              (iii)     a person who otherwise has a significant relationship with the child or young person; and

        (d)     the way the child or young person is to develop an understanding about his or her family background and culture and have the opportunity to maintain or develop cultural identity.

Note     See s 5 for the matters that must be taken into account by a decision-maker in forming a view about the best interests of a child or young person.

    (4)     If the child or young person is under the guardianship of an authority in a State or another Territory having functions under the law of that State or Territory corresponding to those of the director-general, the court may be given a report from that authority about the circumstances of the child or young person and the proposed adoption in addition to or instead of a report mentioned in subsection (1).

    (5)     A written report is not required under this section if the application is for an adoption order mentioned in section 57 (Adoption in ACT of ACT child or young person by parents from Convention country).

Note     For these applications, a report by the director-general is required under s 57A.