ADOPTION ACT 2000 - As at 30 October 2023 - Act 75 of 2000
- As at 30 October 2023 - Act 75 of 2000Table of Provisions
CHAPTER 1 - PRELIMINARY
Note- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Meaning of "Aboriginal" and "Torres Strait Islander"
- 5 Notes
CHAPTER 2 - OBJECTS AND ADOPTION PRINCIPLES
- 6 What are the roles of the objects and adoption principles of this Act?
- 7 What are the objects of this Act?
- 8 What principles are to be applied by persons making decisions about the adoption of a child?
- 9 Participation of child in decisions
CHAPTER 3 - ADOPTION SERVICE PROVIDERS
NotePART 1 - AUTHORITY TO PROVIDE ADOPTION SERVICES
- 10 Adoption services to be provided by or on behalf of Secretary
- 11 Unauthorised arrangements for adoption
PART 2 - (Repealed)
NonePART 3 - PRINCIPAL OFFICER OF ACCREDITED ADOPTION SERVICE PROVIDER
14-21. (Repealed)CHAPTER 4 - THE ADOPTION PROCESS
PART 1 - GENERAL
- 22 Proceedings
- 23 Jurisdiction
- 24 Who can be adopted?
- 25 Previous adoption or marital status immaterial
- 26 Who can adopt?
- 27 Adoption by one person
- 28 Adoption by couple
- 29 Adoption by relative
- 30 Adoption by step parent
- 31 Adoption of non-citizen child
PART 2 - PLACEMENT OF CHILDREN FOR ADOPTION
Division 1 - Children other than Aboriginal and Torres Strait Islanders
- 32 Regard to be had to cultural heritage of child
Division 2 - Aboriginal children
- 33 Aboriginal participation in decision making
- 34 Application of Aboriginal child placement principles
- 35 Aboriginal child placement principles
- 36 Alternatives to placement for adoption to be considered
Division 3 - Torres Strait Islanders
- 37 Torres Strait Islander participation in decision making
- 38 Application of Torres Strait Islander child placement principles
- 39 Torres Strait Islander child placement principles
Division 4 - Placement outside Australia
- 40 Report on child for intercountry adoption
PART 3 - SELECTION OF PROSPECTIVE ADOPTIVE PARENTS OTHER THAN AUTHORISED CARERS
- 41 Application of Part
- 41A Definitions
- 42 Expression of interest in adopting a child
- 43 Application to adopt
- 44 Form of expression of interest or application
- 45 Assessment of suitability, and selection, of adoptive parents
- 45A Background information about prospective adoptive parents to be made available to birth parents
- 45AA Provision of information
- 45AB Notification about other residents
- 45B Consideration of wishes of parents consenting to adoption
PART 3A - SELECTION OF AUTHORISED CARERS AS ADOPTIVE PARENTS
- 45C Application of Part
- 45CA Definitions
- 45D Application to adopt
- 45E Form of application
- 45F Assessment of suitability, and selection, of adoptive parents
- 45G Background information about prospective adoptive parents to be made available to birth parents
- 45GA Provision of information
- 45GB Notification about other residents
- 45H Consideration of wishes of parents consenting to adoption
PART 4 - ADOPTION PLANS
- 46 What is an adoption plan?
- 47 How is an adoption plan made?
- 48 Adoption plan to accompany application for adoption order
- 49 Notice to be given of adoption plan
- 50 Registration of adoption plans
- 51 Review of adoption plans
PART 5 - CONSENTS TO ADOPTIONS
Division 1 - Who must consent to an adoption?
- 52 Consent of parents and persons who have parental responsibility generally required
- 53 Ways in which parent or person who has parental responsibility can give consent
- 54 When consent of parent or person who has parental responsibility not required
- 55 Consent of child
- 56 Birth father to be given opportunity to consent
Division 2 - When is consent effective?
- 57 Definitions
- 58 When is consent ineffective?
- 59 Mandatory written information
- 60 When is consent to be given?
- 61 Form of consent
- 62 Consent must be witnessed by person independent of counsellor
- 63 Child or other person consenting must be counselled
- 64 Consent to adoption of Aboriginal child
- 65 Consent to adoption of Torres Strait Islander child
Division 3 - Dispensing with consent
- 66 How is need for consent dispensed with?
- 67 When can Court dispense with consent of person other than the child?
- 68 Who may apply for order dispensing with consent of person other than the child?
- 69 When can the Court dispense with the child's consent?
- 70 When can consent dispense order be made?
- 71 Revocation of consent dispense order
- 72 Notice of consent dispense order
Division 4 - Revocation of consent
PART 6 - PARENTAL RESPONSIBILITY FOR CHILDREN AWAITING ADOPTION
Note- 75 Parental responsibility for citizen child awaiting adoption
- 76 Renunciation of parental responsibility for child present in another State
- 77 Parental responsibility for certain non-citizen children awaiting adoption
- 78 Parental responsibility reports--citizen and non-citizen children
- 79 Duration of parental responsibility
- 79A Children under the parental responsibility of Secretary leaving or being removed from care
- 79B Power of search for and removal of children in need of care and protection
PART 7 - PRELIMINARY HEARINGS
Note- 80 Preliminary hearings
- 81 When may preliminary hearings be held?
- 82 Notice to be given
- 83 Rules of court
PART 8 - INTERIM ORDERS
PART 9 - ADOPTION ORDERS
Note- 87 Application to be consented to by Secretary
- 88 Notice of application for adoption orders
- 89 When can order be made?
- 90 Court to be satisfied as to certain matters
- 91 Report required before order made for adoption of child
PART 10 - PROCEDURES AFTER APPLICATION DEALT WITH
- 92 Care of child after refusal of an application
- 93 Discharge of adoption orders
- 94 Investigation of application for discharge
PART 11 - EFFECT OF ADOPTION ORDERS
Note- 95 General effect of adoption orders
- 96 Effect of adoption order on parental responsibility and previous adoption
- 97 Effect of orders as regards property
- 98 Effect of orders as regards dispositions of property etc
- 99 Relationship of adopted child to other children of the adopter
- 100 Liability of trustees and personal representatives in relation to adopted persons
- 101 Names of adopted children
CHAPTER 5 - RECOGNITION OF ADOPTIONS
NotePART 1 - AUSTRALIAN ADOPTIONS
- 102 Recognition of Australian adoptions
PART 2 - INTERCOUNTRY AND OVERSEAS ADOPTIONS
Division 1 - General
Division 2 - Hague Convention on Intercountry Adoption
- 106 Adoption in NSW of child from NSW by parents from Convention country
- 107 Adoption in NSW of child from Convention country by parents from NSW
- 108 Recognition of adoption of a child from a Convention country in that country
- 109 Effect of recognition
- 110 Refusal to recognise an adoption
- 111 Order terminating legal relationship between child and parents
- 112 Evidential value of adoption compliance certificate and Convention country adoption order
Division 3 - Bilateral arrangements
- 113 Adoption by NSW parent in prescribed overseas jurisdiction of a child from that overseas jurisdiction
- 114 Effect of recognition
- 115 Evidential value of adoption compliance certificate
Division 4 - Recognition of other overseas adoptions
- 116 Recognition of foreign adoptions in countries other than Convention countries and prescribed overseas jurisdictions
- 117 Declarations of validity of foreign adoptions
CHAPTER 6 - PROCEEDINGS
Note- 118 Parties
- 119 Hearings to be in camera
- 120 Secretary may appear at hearings
- 121 Court may require attendance
- 122 Legal representation
- 123 Guardian ad litem--child
- 124 Guardian ad litem and amicus curiae--birth parents of child
- 124AA Use of Guardian Ad Litem Panel
- 124A Guardian ad litem--exclusion of personal liability
- 125 Support persons
- 126 Matters admissible in evidence
- 127 Wishes of child
- 128 How wishes of a child are expressed
- 129 Children not to be required to express wishes
CHAPTER 7 - RECORDS OF ADOPTIONS
Note- 130 Functions of nominated officer in relation to orders under this Act
- 130A Functions of Secretary in relation to overseas adoptions
- 131 Sending of records of orders to other States and countries
- 132 Particulars of orders received from other States
CHAPTER 8 - ADOPTION INFORMATION
PART 1 - PRELIMINARY
- 133 Prescribed information
- 133A Definition of "presumptive father"
- 133AA Information contained in court records
- 133AB Single application for information under this Act and Children and Young Persons (Care and Protection) Act 1998
PART 2 - ACCESS TO BIRTH CERTIFICATES AND OTHER INFORMATION
Division 1 - Access entitlements (adoptions after 2008 changes)
- 133B Application of Division
- 133C Adopted person's rights
- 133D Adoptive parent's rights
- 133E Birth parent's rights
- 133F Discretion to supply other information to birth parents
- 133G Non-adopted sibling's rights
Division 2 - Continuation of former access entitlements (adoptions before 2008 changes)
- 133H Application of Division
- 134 Adopted person's rights
- 135 Adoptive parent's rights
- 136 Birth parent's rights
- 136A Discretion to withhold supply or to supply subject to conditions
Division 3 - Miscellaneous
- 137 Access to adoption information by relatives and others after death of adopted person or birth parent
- 138 Application for supply of adoption information
- 139 Persons designated to deal with applications
- 140 Discretion to supply adoption information 141. (Repealed)
- 142 Guidelines for release of prescribed information etc
- 143 Access to court records
- 143A Application of State Records Act 1998
PART 3 - ADVANCE NOTICE
- 144 Object of Part
- 145 Definitions
- 146 Who may lodge an advance notice request?
- 147 How advance notice request is lodged
- 148 Advance Notice Register
- 149 Secretary to delay issue of supply authority or prescribed information
- 150 Endorsement of details of advance notice request
- 151 Expiration of advance notice registration
- 152 Arrangements to waive advance notice period
- 153 Notification to person who lodged advance notice request
PART 4 - CONTACT VETOES
- 154 Adopted person or birth parent may lodge contact veto
- 155 Contact veto may be lodged only for adoptions before Adoption Information Act 1990
- 156 How contact veto is lodged
- 157 Contact Veto Register
- 158 Secretary to endorse details of contact veto on authority to supply adoption information
- 159 When contact veto takes effect
- 160 Expiration of contact veto
- 161 Arrangements to confirm, cancel or vary contact veto at request of person seeking contact
- 162 Notification to person who lodged contact veto of request for information
- 163 Notification to person affected by contact veto of cancellation or variation
- 164 Undertakings not to contact person who has lodged contact veto
PART 5 - REUNION AND INFORMATION REGISTER
- 165 Definition
- 166 Reunion and Information Register
- 167 Persons eligible to have their names entered in the register
- 168 Message may be left
- 169 Secretary may refuse to enter name or take message
- 170 Circumstances in which Secretary may open, inspect and copy message
- 171 Secretary may delay delivery of message
- 172 Regulations
- 173 Arrangements for reunion of registered persons
- 174 Location of persons not registered
PART 6 - MISCELLANEOUS
- 175 Duties of Secretary and accredited adoption service providers
- 175A Disclosure of information for research purposes
CHAPTER 9 - OFFENCES
- 176 Definitions
- 177 Payments for NSW adoptions or intercountry adoptions and adoption services
- 178 Unauthorised advertising
- 179 Making available or supplying prohibited adoption advertising on on-line service
- 180 Restriction on publication of material identifying persons affected by adoption application
- 180A Court authorisation of publication of identifying material
- 181 False statements
- 182 Impersonation
- 183 Presenting forged consent or other document
- 184 Undue influence
- 185 Improper witnessing of consent
- 186 Unauthorised disclosure of information
- 187 Prohibition on contact with birth parents of child
- 188 Veto on contact--offences
CHAPTER 10 - REVIEW OF DECISIONS
Note- 189 Reviewable decisions
- 190 Duty of relevant decision maker to give reasons in request
- 191 Relevant decision maker may refuse reasons in certain cases
- 192 Internal review
- 193 Decisions that are administratively reviewable by Civil and Administrative Tribunal
CHAPTER 11 - MISCELLANEOUS
Note- 194 Restriction on inspection of records
- 195 Consultation with Aboriginal persons
- 196 Consultation with Torres Strait Islanders
- 197 Manner of giving notice
- 198 Notices and other documents to be written in other languages
- 199 Entitlements of disabled persons
- 200 Fees and charges
- 201 Provision of financial and other assistance to certain children and birth parents
- 202 Administration of certain estates
- 202A Entry and inspection under search warrant
- 203 Authority to prosecute
- 204 Proceedings for offences
- 205 Exclusion from proceedings
- 206 Delegation
- 207 Rules of court
- 208 Regulations
- 209 Repeals
- 210 Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 211. (Repealed)
- 212 Savings and transitional provisions
- 213 Review of Act
- SCHEDULE 1 Schedule 2 (Repealed)
- SCHEDULE 3
- Dictionary