ADOPTION ACT 1993 - SECT 5 Best interests of child or young person paramount consideration

ADOPTION ACT 1993 - SECT 5

    (1)     A person making a decision under this Act in relation to a child or young person must regard the best interests of the child or young person as the paramount consideration.

    (2)     In forming a view about the best interests of a child or young person, a person making a decision under this Act must take into account the following:

        (a)     the likely effect of the decision on the life course of the child or young person taking into account the need to preserve their cultural inheritance, personal identity and sense of belonging;

        (b)     the child's or young person's age, level of understanding, level of maturity, gender, personal characteristics and individual circumstances;

        (c)     the child's or young person's cultural, physical, emotional, intellectual, and educational needs;

        (d)     the views expressed by the child or young person in relation to the decision (including views expressed with adequate and appropriate support to actively participate, to the best of their ability, in consultation related to the decision);

        (e)     taking into account the benefit of maintaining meaningful relationships, the likely effect of the decision on the child's or young person's relationship with the following people:

              (i)     the child's or young person's birth parents;

              (ii)     the child's or young person's siblings (if any);

              (iii)     the child's or young person's other relatives;

              (iv)     carers or other significant people in the child's or young person's life;

        (f)     the relationship the child or young person has with the adoptive parents;

        (g)     the suitability and capacity of the adoptive parents to meet the child's or young person's needs;

        (h)     the alternatives to adoption for the child or young person to secure permanent family arrangements;

              (i)     the continuity and sense of belonging that comes from a child or young person having stable emotional and physical living conditions;

        (j)     the need to protect the child or young person from physical or psychological harm associated with exposure to abuse, neglect or family violence.