Australian Capital Territory Repealed Acts

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This legislation has been repealed.

ADOPTION OF CHILDREN ACT 1965 


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Adoption of Children Act 1965.1  
   2.      This Act shall come into operation on a date to be fixed by the Minister by notice in the Gazette.1  
   4.      The Adoption of Children Ordinance 1938, the Adoption of Children Ordinance 1940 and the Adoption of Children Ordinance 1949 are repealed.  

   PART II--JURISDICTION JURISDICTION OF SUPREME COURT

   7.      Jurisdiction is conferred on the Supreme Court in proceedings instituted in the Court in accordance with this Act.  
   9.      The jurisdiction of the Supreme Court to make an adoption order is not dependent on any fact or circumstance not expressly specified in this Act.  

   PART III--PRIVATE ADOPTION AGENCIES APPLICATION FOR APPROVAL OF ADOPTION AGENCY

   10.     A charitable organization carrying on, or desiring to carry on, the activity of conducting negotiations and making arrangements with a view to the adoption of children may apply in writing to the Minister for approval as a private adoption agency.  
   13.     The Minister may, at any time, by notice in writing served personally or by registered post on the principal officer of a private adoption agency, revoke or suspend the approval of the private adoption agency under this Part—  
   14.     The regulations may prescribe requirements to be observed and facilities to be provided by private adoption agencies, including requirements with respect to the qualifications and experience of persons acting for or on behalf of private adoption agencies.  

   PART IV--ADOPTIONS UNDER THIS ACT

   15.     For all purposes of this Part, the welfare and interests of the child concerned shall be regarded as the paramount consideration.  
   18.     The Court shall not make an order for the adoption of a child in favour of a person who or persons either of whom—  
   21.     Where an application is made to the Court for an order for the adoption of a child, the Court may permit such persons as the Court thinks fit to be joined as parties to the proceedings for the purpose of opposing the application or for the purpose of opposing an application to dispense with the consent of a person.  
   22.     Where the Court refuses an application for an order for the adoption of a child, the Court may make such order for the care and control of the child as it thinks fit.  
   27.     A consent for the purposes of the preceding provisions of this Division shall be evidenced by an instrument of consent substantially in accordance with the prescribed form signed by the person giving the consent and attested as prescribed.  
   28.     For the purposes of an application by a person under this Act for an adoption order in respect of a child, a consent to the adoption of the child given by a person in accordance with the law of a State or of another Territory of the Commonwealth that would be an effective consent under that law if the application had been made in that State or Territory under that law is an effective consent for the purposes of the application under this Act.  
   31.     Subject to this Division, an order for the adoption of a child who has attained the age of twelve years shall not be made unless the child has consented to the adoption or the Court is satisfied that there are special reasons, related to the welfare and interests of the child, why the order should be made notwithstanding that the child has refused to consent to the adoption or his consent has not been sought.  

   PART V--RECOGNITION OF ADOPTIONS INTERPRETATION

   41.     In this Part, “country” includes a part of a country.  
   42.     For the purposes of the laws of the Territory, the adoption of a person (whether before or after the commencement of this Act) in a State, or in another Territory of the Commonwealth, in accordance with the law of that State or other Territory has, so long as it has not been rescinded under the law in force in that State or other Territory, the same effect as an adoption order made in the Territory under this Act, and has no other effect.  

   PART VI--OFFENCES TERRITORIAL APPLICATION OF PART

   45.     This Part does not apply in respect of acts occurring outside the Territory but, except to the extent to which the contrary intention appears, does apply in respect of acts done in the Territory in relation to the adoption of children in, or children adopted in, a State, another Territory of the Commonwealth, or a country outside the Commonwealth and the Territories of the Commonwealth.  
   51.     A person shall not, whether orally or in writing, wilfully make a false statement for the purposes of or in connexion with a proposed adoption or any other matter under this Act.  
   52.     A person shall not personate or falsely represent himself to be a person whose consent to the adoption of a child is required by this Act or by the law of a State or of another Territory of the Commonwealth.  
   53.     A person shall not present, or cause to be presented, to the Court in connexion with an application for an order for the adoption of a child under this Act a document purporting to be an instrument of consent to the adoption signed by a person whose consent to the adoption is required by this Act if the signature to the document is or was, to the knowledge of that first-mentioned person, forged or obtained by fraud or duress.  
   54.     A person shall not subscribe his name as a witness to the signature of a person to an instrument of consent to the adoption of a child unless—  

   PART VII--MISCELLANEOUS REGISTRATION OF ORDERS UNDER THIS ACT

   56.     The Registrar of the Supreme Court shall cause a memorandum, in accordance with the prescribed form, of every adoption order made by the Court under this Act, and a copy of every order for the discharge of such an adoption order, to be sent to the Registrar of Births, Deaths and Marriages, who shall—  
   57.     Where the Court makes an order for the adoption of a child, or an order discharging such an order, and the Registrar of the Supreme Court has reason to believe that the birth of the child is registered in a State or in another Territory of the Commonwealth, the Registrar shall, as soon as practicable, cause a memorandum, in accordance with the prescribed form, of the adoption order, or a copy of the discharging order, as the case may be, certified in writing by him to be a true memorandum or copy, to be sent to such officer of that State or other Territory having functions in relation to the registration of births as is prescribed.  
   58.     Where the Registrar of Births, Deaths and Marriages receives, in relation to a child whose birth is registered in the Territory, a memorandum or copy of an adoption order made (whether by a court or not) under the law in force in a State or in another Territory of the Commonwealth, or of an order discharging such an order, certified in writing to be a true memorandum or copy by a person authorized so to certify under the law of that State or other Territory, he shall—  
   59.     An application to the Court under this Act shall not be heard in open court and persons who are not parties to the proceedings or their counsel, solicitors or representatives shall, except as otherwise permitted by the Court, be excluded during the hearing of such an application.  
   60.     Except as the Court otherwise orders, a report to the Court under section nineteen of this Act shall not be made available to any person, including a party to the proceedings.  
   61.     Except as provided by the regulations, the records of any proceedings under this Act shall not be open to inspection.  
   62.     The Director, or a person appointed for the purpose by the Director, may appear at the hearing of the proceedings on an application for an adoption order, and may address the Court, and call, examine and cross-examine witnesses.  
   63.     In any proceedings in a court of the Territory, the court may receive as evidence of the matters stated in, or appearing from, the document, a document purporting to be either the original or a certified copy or certified extract of an order effecting an adoption (whether in Australia or elsewhere), or an official certificate, entry or record of an adoption (whether effected in Australia or elsewhere).  
   64A.    64A. The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.  
   64B.    64B. A fee determined under section 64A is payable to the Territory in relation to the relevant matter specified in the notice referred to in that section, being a matter in respect of which the Executive may make regulations.  
           ENDNOTES

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