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ADOPTION ACT 2000 - As at 30 October 2023 - Act 75 of 2000

- As at 30 October 2023 - Act 75 of 2000

Table 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

Note

PART 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PART 2 - (Repealed)

None

PART 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 (Repealed)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

  • 73 Revocation of consent
  • 74 Notification of pending end of revocation period

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

  • 84 Making of interim orders
  • 85 Duration of interim orders
  • 86 Discharge of 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

Note

PART 1 - AUSTRALIAN ADOPTIONS

  • 102 Recognition of Australian adoptions

PART 2 - INTERCOUNTRY AND OVERSEAS ADOPTIONS

Division 1 - General

  • 103 Object of Part
  • 104 Meaning of child
  • 105 Application of Act

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

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

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