New South Wales Consolidated Regulations

ADOPTION REGULATION 2003

- Made under the Adoption Act 2000
- As at 15 July 2011
- Reg 70 of 2003

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Notes

   PART 2 - ACCREDITED ADOPTION SERVICE PROVIDERS

   5.      (Repealed)
   5A.     Applications for accreditation
   5B.     Adoption services that may be accredited
   5C.     Accreditation standards
   5D.     Conditions of accreditation
   5E.     Preservation of records of former accredited service providers

   PART 3 - SELECTION OF PROSPECTIVE ADOPTIVE PARENTS

   6.      Form of expression of interest
   7.      Information to be provided to persons submitting expressions of interest
   8.      Adoptive parent education and training
   9.      Form of application to adopt
   10.     Documents to accompany application to adopt
   11.     Action to be taken by relevant decision-maker after receipt of application to adopt
   12.     Criteria for assessment of applicants
   13.     Assessment of applicants for adoption in NSW
   14.     Notification of assessment of applicants for adoption in NSW
   15.     Approvals subject to conditions
   16.     Advice to be given of decision and right to apply for reasons for, and review of, decision
   17.     Revocation of approval

   PART 4 - ADOPTION REGISTER

   18.     Adoption register
   19.     Content of adoption register
   20.     Removal of names from adoption register
   21.     Effect of having name on register

   PART 5 - PLACEMENT FOR ADOPTION

   22.     Certain reports required before placement of child
   23.     Selection of applicants for adoption order
   24.     Entitlement of approved person to adopt child
   25.     Placement of child for adoption in conformity with religious upbringing intentions
   26.     Placement of child for adoption in conformity with wishes as to cultural heritage, identity or ties
   27.     Placement where compliance with expressed wishes of parent or guardian impracticable
   28.     Confidentiality of adoption proceedings

   PART 6 - ADOPTION PLANS

   29.     Particulars to be contained in plan
   30.     Review of adoption plans

   PART 7 - CONSENTS TO ADOPTIONS

   31.     Counsellors
   32.     Register of counsellors
   33.     Mandatory written information
   34.     Form of consent
   35.     Classes and descriptions of persons who may witness consents
   36.     Witnessing a consent
   37.     Notice of signing of general consent
   38.     No fees payable to witness to consent
   39.     Period in which person giving consent must be counselled

   PART 8 - PRELIMINARY HEARINGS

   40.     Matters in relation to which preliminary hearings can be held
   41.     Persons who may apply for a preliminary hearing to be held

   PART 9 - ADOPTION ORDERS

   42.     Prescribed particulars relating to application for adoption order

   PART 10 - RECORDS OF ADOPTIONS

   43.     Prescribed particulars and information
   44.     Form of records

   PART 11 - ADOPTION INFORMATION

           Division 1 - Prescribed information

              Subdivision 1 - General

   45.     Prescribed information under section 133

              Subdivision 2 - Prescribed information for adoptions after 1 January 2010
              Note

   45A.    Application of Subdivision
   45B.    Entitlement of adopted person-information prescribed under section 133C
   45C.    Entitlement of adoptive parent-information prescribed under section 133D
   45D.    Entitlement of birth parent-information prescribed under section 133E
   45E.    Supply of other information to birth parent-information prescribed under section 133F
   45F.    Entitlement of non-adopted sibling-information prescribed under section 133G

              Subdivision 3 - Prescribed information for adoptions before 1 January 2010
              Note

   46A.    Application of Subdivision
   46.     Entitlement of adopted person-information prescribed under section 134
   47.     Entitlement of adoptive parent-information prescribed under section 135
   48.     Entitlement of birth parent to information prescribed under section 136

              Subdivision 4 - Other prescribed information

   49.     Information prescribed under section 137 relating to deceased birth parent
   50.     Information prescribed under section 137 relating to deceased adopted person
   51.     Additional prescribed information

              Subdivision 5 - Guidelines for supplying adoption information

   52.     General guidelines under section 142 for release of birth certificate and prescribed information
   52A.    Guidelines for exercise of discretion to issue authority to supply adoption information under sections 133E and 133G
   53.     Guidelines for exercise of discretion to supply adoption information under sections 136A and 140 (1)
   54.     Guidelines for exercise of discretion to withhold supply of adoption information or supply subject to conditions under section 136A
   54A.    Guidelines for exercise of discretion to supply adoption information under section 140 (3)
   55.     Guidelines under section 142 for the release of prescribed information relating to unacknowledged birth fathers

              Subdivision 6 - Miscellaneous

   56.     Information as to “last known name and address”
   57.     Messages

           Division 2 - Information sources

   58.     Information sources prescribed under paragraph (g) of definition of “information source” in Dictionary
   59.     Designated persons
   60.     Supply of birth certificate or prescribed information
   61.     Exchange of information between information sources

           Division 3 - Contact vetoes

   62.     Director-General to endorse details of contact veto on authority to supply adoption information
   63.     Access to information about a contact veto
   64.     Guidelines under section 161 for request to confirm, cancel or vary contact veto

           Division 4 - Advance notice

   65.     Advance notice period

           Division 5 - Reunion and Information Register

   66.     Definition
   67.     Information to be updated
   68.     Leaving and delivery of messages
   69.     Delivery of messages
   70.     Document left before the commencement of the Adoption Information Amendment Act 1995
   71.     Offence

   PART 12 - MISCELLANEOUS

   72.     Reviewable decisions
   73.     Case records
   74.     Restrictions on inspection of documents
   75.     Fees and charges
   76.     Expenditure relating to intercountry adoptions
   77.     Provision of financial and other assistance to certain children
   78.     Proceedings for offences
   79.     Savings
           SCHEDULE 1