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PARLIAMENT OF VICTORIA
Adoption (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--HAGUE CONVENTION 3
4. New Part IVA inserted 3
PART IVA--ADOPTIONS UNDER THE HAGUE
CONVENTION 3
Division 1--Court Orders and Recognition of Adoptions 3
69A. Adoption of child in Victoria who is to live in a
Convention country 3
69B. Adoption in Victoria of a child from a Convention
country 4
69C. Issue of adoption compliance certificate 5
69D. Recognition of adoption of a child from a Convention
country to Australia 5
69E. Recognition of adoption of a child from a Convention
country to another Convention country 6
69F. Effect of recognition of adoption under this Part 7
69G. Evidential value of adoption compliance certificate 7
69H. Order terminating legal relationship between child and
parents 8
69I. Refusal to recognise an adoption or an article 27
decision 9
69J. Report on person who wishes to adopt a child in a
Convention country 10
Division 2--State Central Authority 10
69K. State Central Authority 10
69L. Functions of State Central Authority 11
69M. Delegation 11
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Clause Page
Division 3--Accredited bodies 12
69N. Application for accreditation 12
69O. Accreditation 12
69P. Revocation or suspension of accreditation 13
69Q. Effect of suspension or revocation of accreditation 14
69R. Renewal of accreditation 15
69S. Gazettal and notification to Commonwealth of
accreditation matters 16
5. Consequential amendments 17
6. New section 65 substituted 18
65. Application of Part 18
7. Further consequential amendments 19
8. New Schedule substituted 20
SCHEDULE 1 20
PART 3--BILATERAL ARRANGEMENTS 35
9. New Part IVB inserted 35
PART IVB--BILATERAL ARRANGEMENTS FOR
INTERCOUNTRY ADOPTIONS 35
69T. Definitions 35
69U. Recognition of an adoption in a prescribed overseas
jurisdiction of a child from that jurisdiction 36
69V. Effect of recognition of adoption under this Part 36
69W. Refusal to recognise an adoption under this Part 36
69X. Evidential value of adoption certificate 37
69Y. Report on person who wishes to adopt a child in a
prescribed overseas jurisdiction 37
10. Consequential amendments 37
PART 4--MISCELLANEOUS AMENDMENTS 39
11. New sections 13 and 13A inserted 39
13. Approval of persons to adopt children 39
13A. Register of approved persons 40
12. New section 14 substituted 41
14. Wishes of child 41
13. Adoption order not to be made unless applicants are approved 41
14. Discharge of adoption orders 42
15. Period of approval of approved agency 43
16. New section 60 substituted 43
60. Variation of orders and conditions 43
17. Consequential amendment of section 107 44
18. Statute law revision 44
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Clause Page
19. Repeal of unproclaimed amendment 45
NOTES 46
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PARLIAMENT OF VICTORIA
Initiated in Council 11 April 2000
A BILL
to amend the Adoption Act 1984 to give effect to the Hague
Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption and to certain bilateral arrangements for
intercountry adoption and for other purposes.
Adoption (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Adoption
Act 1984--
5 (a) to give effect to the Hague Convention on
Protection of Children and Co-operation in
Respect of Intercountry Adoption;
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(b) to give effect to certain bilateral
arrangements for intercountry adoption;
(c) to deal with miscellaneous matters.
2. Commencement
5 (1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2002, it comes into
operation on that day.
10 3. Principal Act
No. 10150. In this Act, the Adoption Act 1984 is called the
Reprint No. 4
Principal Act.
as at 7 May
1998. Further
amended by
Nos 59/1997,
46/1998 (as
amended by
No. 12/1999)
and 52/1998.
_______________
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Adoption (Amendment) Act 2000
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PART 2--HAGUE CONVENTION
4. New Part IVA inserted
After Part IV of the Principal Act insert--
"PART IVA--ADOPTIONS UNDER THE
5 HAGUE CONVENTION
Division 1--Court Orders and Recognition of
Adoptions
69A. Adoption of child in Victoria who is to live
in a Convention country
10 (1) A person who--
(a) is habitually resident in a Convention
country; and
(b) wishes to adopt a child who is
habitually resident in Victoria--
15 may apply to the Court for an order for the
adoption of the child.
(2) The Court may make an order for the
adoption of a child on an application under
sub-section (1) if the requirements of
20 section 15 are satisfied and the Court is
satisfied that--
(a) the child is in Victoria; and
(b) the child is not prevented from leaving
Australia--
25 (i) under a law of the
Commonwealth, a State or a
Territory; or
(ii) because of an order of a court of
the Commonwealth, a State or a
30 Territory; and
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(c) the arrangements for the adoption of the
child are in accordance with the
requirements of the Hague Convention;
and
5 (d) the Central Authority of the Convention
country has agreed to the adoption of
the child; and
(e) the State Central Authority has agreed
to the adoption of the child.
10 (3) For the purposes of a proposed adoption
order under this section, a report under
section 15 may be made only on behalf of
the Secretary or the principal officer of an
approved agency that is an accredited body.
15 69B. Adoption in Victoria of a child from a
Convention country
(1) A person who--
(a) is habitually resident in Victoria; and
(b) wishes to adopt a child who is
20 habitually resident in a Convention
country--
may apply to the Court for an order for the
adoption of the child.
(2) The Court may make an order for the
25 adoption of a child on an application under
sub-section (1) if the requirements of
sections 15 and 51 are satisfied and the Court
is satisfied that--
(a) the child is in Victoria; and
30 (b) the child is not prevented from residing
permanently in Australia--
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(i) under a law of the
Commonwealth, a State or a
Territory; or
(ii) because of an order of a court of
5 the Commonwealth, a State or a
Territory; and
(c) the arrangements for the adoption of the
child are in accordance with the
requirements of the Hague Convention;
10 and
(d) the Central Authority of the Convention
country has agreed to the adoption of
the child; and
(e) the State Central Authority has agreed
15 to the adoption of the child.
(3) For the purposes of a proposed adoption
order under this section--
(a) a report under section 15 may be made
only on behalf of the Secretary or the
20 principal officer of an approved agency
that is an accredited body;
(b) a reference in section 51 to an
authorized agency is a reference to an
accredited body.
25 69C. Issue of adoption compliance certificate
If the Court has made an order for the
adoption of a child under section 69A or
69B, the State Central Authority may issue
an adoption compliance certificate.
30 69D. Recognition of adoption of a child from a
Convention country to Australia
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(1) Subject to this section, an adoption in a
Convention country--
(a) of a child who is habitually resident in
a Convention country; and
5 (b) by a person who is habitually resident
in Australia--
is recognised if an adoption compliance
certificate issued in that country is in force
for the adoption.
10 (2) An adoption recognised under sub-section
(1) is effective on and from the day the
adoption compliance certificate becomes
effective.
(3) Sub-section (1) does not apply if--
15 (a) a declaration is made under
section 69I(2)(a); or
(b) a declaration is made under a law of the
Commonwealth or of another State or a
Territory that corresponds to
20 section 69I(2)(a).
69E. Recognition of adoption of a child from a
Convention country to another Convention
country
Subject to section 69I, if--
25 (a) a child, who is habitually resident in a
Convention country, is adopted by a
person who is habitually resident in
another Convention country; and
(b) an adoption compliance certificate
30 issued in the Convention country in
which the adoption is granted is in
force for the adoption--
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the adoption is recognised with effect on and
from the day the certificate becomes
effective.
69F. Effect of recognition of adoption under this
5 Part
(1) Subject to this section, if the adoption of a
child is recognised under section 69D or
69E, then, for the purposes of the laws of
Victoria, the adoption has the same effect as
an adoption order under this Act1.
10
(2) If the laws of the Convention country where
the adoption was granted do not provide that
the adoption of the child terminates the legal
relationship between the child and the
15 individuals who were, immediately before
the adoption, the child's parents, section
53(1)(b) does not apply to the adoption
unless--
(a) an order is made under section 69H or
20 under a law of the Commonwealth or of
another State or a Territory that
corresponds to section 69H; or
(b) a decision is made in a Convention
country to convert the adoption in
25 accordance with article 27 of the
Convention.
(3) Sub-section (2)(b) does not apply if a
declaration is made under section 69I(2)(b)
or under a law of the Commonwealth or of
30 another State or a Territory that corresponds
to section 69I(2)(b).
69G. Evidential value of adoption compliance
certificate
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Subject to section 69I, an adoption
compliance certificate is evidence, for the
laws of Victoria, that the adoption to which
the certificate relates--
5 (a) was agreed to by the Central
Authorities of the countries mentioned
in the certificate; and
(b) was carried out in accordance with the
Hague Convention and the laws of the
10 countries mentioned in the certificate.
69H. Order terminating legal relationship
between child and parents
(1) If--
(a) a child who was or is habitually
15 resident in a Convention country was
adopted in a Convention country; and
(b) the adoption was by a person who is
habitually resident in Victoria; and
(c) the laws of the Convention country do
20 not provide that the adoption of the
child terminates the legal relationship
between the child and the persons who
were, immediately before the adoption,
the child's parents--
25 any of the parties to the adoption may apply
to the Court for an order that the adoption of
the child terminates the legal relationship
between the child and the persons who were,
immediately before the adoption, the child's
30 parents.
(2) The Court may make an order on an
application under sub-section (1) if satisfied
that--
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(a) an adoption compliance certificate
issued in the Convention country is in
force for the adoption; and
(b) the laws of the Convention country do
5 not provide that the adoption of a child
terminates the legal relationship
between the child and the persons who
were, immediately before the adoption,
the child's parents; and
10 (c) the child is allowed--
(i) to enter Australia; and
(ii) to reside permanently in Australia.
69I. Refusal to recognise an adoption or an
article 27 decision
15 (1) If the State Central Authority considers
that--
(a) an adoption recognised under section
69D or 69E; or
(b) a decision made in accordance with
20 article 27 of the Hague Convention--
is manifestly contrary to public policy,
taking into account the best interests of the
child to whom the adoption or decision
relates, the State Central Authority may
25 apply to the Court for a declaration that the
adoption or decision is not recognised.
(2) The Court may make a declaration on an
application under sub-section (1) if satisfied
that--
30 (a) an adoption recognised under section
69D or 69E; or
(b) a decision made in accordance with
article 27 of the Hague Convention--
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is manifestly contrary to public policy,
taking into account the best interests of the
child to whom the adoption or decision
relates.
5 (3) If a court declares that an adoption or
decision is not recognised, the adoption or
decision has no effect in Victoria.
(4) The State Central Authority must give the
Commonwealth Central Authority written
10 notice of each application under
sub-section (1) and the reasons for making it
as soon as practicable after it is made.
(5) The State Central Authority must give the
Commonwealth Central Authority written
15 notice of the Court's determination of each
application under sub-section (1).
69J. Report on person who wishes to adopt a
child in a Convention country
(1) If a person--
20 (a) wishes to adopt a child in a Convention
country; and
(b) is on the register of approved persons
kept under section 13A by the
Secretary or the principal officer of an
25 approved agency--
the State Central Authority or an accredited
body must prepare a report that complies
with article 15 of the Hague Convention.
(2) The State Central Authority must send each
30 report prepared under sub-section (1) to the
Central Authority of the Convention country.
Division 2--State Central Authority
69K. State Central Authority
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(1) The Secretary is appointed to be the Central
Authority for the State of Victoria for the
purposes of article 6.2 of the Hague
Convention.
5 (2) The Secretary must advise the
Commonwealth Central Authority that the
Secretary is the State Central Authority and
the address and functions of the State Central
Authority.
10 (3) As soon as practicable after a change to the
address or functions of the State Central
Authority, the Secretary must advise the
Commonwealth Central Authority of the
change.
15 69L. Functions of State Central Authority
(1) Subject to sub-section (2), the State Central
Authority, in Victoria--
(a) has all the duties of a Central Authority
under the Hague Convention; and
20 (b) may exercise all of the powers of a
Central Authority under the Hague
Convention.
(2) The functions of the State Central Authority
do not include any functions that are
25 functions of the Commonwealth Central
Authority under the Family Law (Hague
Convention on Intercountry Adoption)
Regulations 1998 of the Commonwealth.
69M. Delegation
30 The State Central Authority may, by
instrument, delegate any power or function
of the State Central Authority, other than this
power of delegation, to any employee or
class of employee in the Department of
35 which the Secretary is department head.
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Division 3--Accredited bodies
69N. Application for accreditation
(1) An approved agency, or an organization that
has applied for approval as an approved
5 agency, may apply to the State Central
Authority for accreditation as an accredited
body for the purposes of the Hague
Convention.
(2) An application must--
10 (a) contain the prescribed information; and
(b) nominate a person to be the principal
officer of the accredited body for the
purposes of this Act.
69O. Accreditation
15 (1) The State Central Authority may accredit a
body on an application under section 69N if
satisfied that--
(a) the body is an approved agency or will
be granted approval as an approved
20 agency; and
(b) the body complies with--
(i) the criteria specified in articles 10
and 11 of the Hague Convention;
and
25 (ii) any other prescribed criteria.
(2) Accreditation under this section is subject to
the following conditions--
(a) that the accredited body--
(i) submit to the supervision of the
30 State Central Authority; and
(ii) allow the State Central Authority
access, as required by the State
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Central Authority, to the records
of the accredited body; and
(b) that the accredited body report to the
State Central Authority at six-monthly
5 intervals, as determined by the State
Central Authority, on the performance
of its functions as an accredited body;
and
(c) that the accredited body and each of its
10 staff members comply with the
prescribed code of conduct; and
(d) any other conditions imposed on the
accreditation by the State Central
Authority.
15 (3) An accredited body has--
(a) the duties and powers specified in the
Hague Convention for an accredited
body that are imposed or conferred on
it from time to time by the State Central
20 Authority; and
(b) any other duties and powers imposed or
conferred on it by this Act or the
regulations.
(4) An accreditation under this section has effect
25 for the period, not exceeding 3 years,
determined by the State Central Authority,
unless sooner revoked under section 69P.
69P. Revocation or suspension of accreditation
(1) The State Central Authority may suspend for
30 a specified period or revoke the accreditation
of an accredited body--
(a) at the request of the accredited body; or
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(b) if the body's approval as an approved
agency is suspended or revoked under
section 24; or
(c) if the body breaches a condition of the
5 accreditation; or
(d) if the body ceases to comply with any
of the criteria referred to in section
69O(1)(b).
(2) The State Central Authority suspends or
10 revokes accreditation by giving written
notice of the suspension or revocation to the
principal officer of the accredited body.
69Q. Effect of suspension or revocation of
accreditation
15 (1) If the accreditation of an accredited body is
suspended or revoked--
(a) all records and other documents held by
it or under its control relating to the
arrangement or negotiation of adoptions
20 shall become the property of the State
Central Authority or, with the approval
of the State Central Authority where
the body has entered into an agreement
with an accredited body that the
25 accredited body be the successor of the
body, of that accredited body;
(b) if the principal officer of the first-
mentioned body was, immediately
before the suspension or revocation, the
30 guardian of a child under this Act, the
State Central Authority or principal
officer of the accredited body that is the
successor of the first-mentioned body,
as the case may be, becomes the
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guardian of that child upon the
suspension or revocation;
(c) the arrangements or negotiations being
undertaken by the first-mentioned body
5 immediately before the suspension or
revocation shall be continued by the
State Central Authority or principal
officer of the accredited body that is the
successor of the first-mentioned body,
10 as the case may be.
(2) On the expiration of a period of suspension
of the accreditation of an accredited body--
(a) the State Central Authority may return
to the accredited body any documents
15 and records that, under sub-
section (1)(a), became the property of
the State Central Authority upon the
suspension; and
(b) the State Central Authority may
20 authorize the accredited body to
continue such arrangements and
negotiations being undertaken by the
State Central Authority as the State
Central Authority thinks fit, being
25 arrangements or negotiations that, but
for the suspension, would have been
carried on by the accredited body.
69R. Renewal of accreditation
(1) An accredited body may apply for
30 renewal of its accreditation.
(2) The State Central Authority may renew
the accreditation of a body on an
application under sub-section (1) as if it
were an application under section 69N.
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69S. Gazettal and notification to Commonwealth
of accreditation matters
(1) The State Central Authority must publish
notice in the Government Gazette of each of
5 the following--
(a) an application under section 69N for
accreditation;
(b) an accreditation under section 69O;
(c) an application under section 69R(1) for
10 renewal of accreditation;
(d) a renewal of accreditation under
section 69R(2);
(e) a suspension or revocation of
accreditation under section 69P.
15 (2) As soon as practicable after accrediting a
body under section 69O or renewing the
accreditation of a body under section 69R,
the State Central Authority must give the
Commonwealth Central Authority written
20 notice of--
(a) the name, address, duties and powers of
the accredited body; and
(b) the conditions of the accreditation or
renewal.
25 (3) As soon as practicable after a change to the
name, address, duties or powers of an
accredited body, the State Central Authority
must give the Commonwealth Central
Authority written notice of the change.
30 (4) As soon as practicable after a change to the
conditions of an accreditation, the State
Central Authority must give the
Commonwealth Central Authority written
notice of the change.
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(5) As soon as practicable after the State Central
Authority suspends or revokes the
accreditation of a body under section 69P,
the State Central Authority must give the
5 Commonwealth Central Authority written
notice of the suspension or revocation.".
5. Consequential amendments
(1) In section 4(1) of the Principal Act, insert the
following definitions--
10 ' "accredited body" means a body accredited
under section 69O as an accredited body for
the purposes of the Hague Convention;
"adoption compliance certificate" means a
certificate issued in accordance with
15 article 23 of the Hague Convention;
"Central Authority" means a person or office
designated for a Convention country under
article 6 of the Hague Convention;
"Commonwealth Central Authority" has the
20 same meaning as in the Family Law (Hague
Convention on Intercountry Adoption)
Regulations 1998 of the Commonwealth2;
"Convention country" means, subject to
article 45 of the Hague Convention--
25 (a) a country specified in column 2 in
Schedule 2 to the Family Law (Hague
Convention on Intercountry Adoption)
Regulations 1998 of the
Commonwealth3; and
30 (b) any other country for which the
Convention has entered into force4,
other than--
(i) Australia; and
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(ii) a country against whose accession
Australia has raised an objection
under article 44 of the
Convention;
5 "Hague Convention" means the Convention on
Protection of Children and Co-operation in
Respect of Intercountry Adoption signed at
The Hague on 29 May 1993, a copy of the
English text of which is set out in
10 Schedule 1;
"State Central Authority" has the meaning
given in section 69K;'.
(2) In section 7 of the Principal Act, after
sub-section (2) insert--
15 "(3) This section does not apply in respect of an
order for the adoption of a child under
Division 1 of Part IVA.".
(3) In section 20 of the Principal Act, after
sub-section (3) insert--
20 "(4) Nothing in sub-section (3) prevents the doing
of anything required or authorised to be done
by the Hague Convention.".
6. New section 65 substituted
For section 65 of the Principal Act substitute--
25 "65. Application of Part
(1) In this Part, a reference to a country includes
a reference to a part of a country but does not
include a reference to a Convention country.
(2) Despite sub-section (1), sections 67, 68 and
30 69 continue to apply, in relation to a country
that is a Convention country, in respect of
adoptions in that country that took place
before the commencement of section 6 of the
Adoption (Amendment) Act 2000.".
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7. Further consequential amendments
(1) In section 66 of the Principal Act--
(a) omit "or in New Zealand";
(b) for ", Territory or country" (where twice
5 occurring) substitute "or Territory".
(2) At the end of section 66 of the Principal Act
insert--
"(2) This section, as in force immediately before
the commencement of section 7 of the
10 Adoption (Amendment) Act 2000,
continues to apply in respect of the adoption
of a person in New Zealand before that
commencement.".
(3) In section 72 of the Principal Act, after "Part IV"
15 insert "or Part IVA".
(4) In section 112(1) and 113 of the Principal Act,
after "approved agency" insert "or accredited
body".
(5) In section 115 of the Principal Act, after
20 sub-section (3) insert--
"(4) Nothing in this section prevents the doing of
anything required or authorised to be done
by or under the Hague Convention.".
(6) In section 129A(1) of the Principal Act, after
25 paragraph (b) insert--
"; or
(c) the State Central Authority--
(i) refusing to accredit a body as an
accredited body; or
30 (ii) suspending or revoking the
accreditation of an accredited body; or
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(iii) refusing to renew the accreditation of
an accredited body.".
(7) After section 130(k) of the Principal Act insert--
"(l) all matters that are necessary or convenient
5 for giving effect to the Hague Convention,
including--
(i) criteria for the accreditation of
accredited bodies;
(ii) a code of conduct for an accredited
10 body and its staff members;".
8. New Schedule substituted
For the Schedule to the Principal Act substitute--
'SCHEDULE 1
Section 4(1)
15 CONVENTION ON PROTECTION OF CHILDREN AND
CO-OPERATION IN RESPECT OF INTERCOUNTRY
ADOPTION
THE STATES SIGNATORY TO THE PRESENT CONVENTION,
RECOGNIZING that the child, for the full and harmonious development of
20 his or her personality, should grow up in a family environment, in an
atmosphere of happiness, love and understanding,
RECALLING that each State should take, as a matter of priority,
appropriate measures to enable the child to remain in the care of his or her
family of origin,
25 RECOGNIZING that intercountry adoption may offer the advantage of a
permanent family to a child for whom a suitable family cannot be found in
his or her State of origin,
CONVINCED of the necessity to take measures to ensure that intercountry
adoptions are made in the best interests of the child and with respect for his
30 or her fundamental rights, and to prevent the abduction, the sale of, or traffic
in children,
DESIRING to establish common provisions to this effect, taking into
account the principles set forth in international instruments, in particular the
20
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United Nations Convention on the Rights of the Child, of 20 November 1989,
and the United Nations Declaration on Social and Legal Principles relating to
the Protection and Welfare of Children, with Special Reference to Foster
Placement and Adoption Nationally and Internationally (General Assembly
5 Resolution 41/85, of 3 December 1986),
HAVE AGREED upon the following provisions--
CHAPTER 1--SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are--
10 a to establish safeguards to ensure that intercountry adoptions take place
in the best interests of the child and with respect for his or her
fundamental rights as recognized in international law;
b to establish a system of co-operation amongst Contracting States to
ensure that those safeguards are respected and thereby prevent the
15 abduction, the sale of, or traffic in children;
c to secure the recognition in Contracting States of adoptions made in
accordance with the Convention.
Article 2
1. The Convention shall apply where a child habitually resident in one
20 Contracting State ("the State of origin") has been, is being, or is to be
moved to another Contracting State ("the receiving State") either after his
or her adoption in the State of origin by spouses or a person habitually
resident in the receiving State, or for the purposes of such an adoption in
the receiving State or in the State of origin.
25 2. The Convention covers only adoptions which create a permanent parent-
child relationship.
Article 3
The Convention ceases to apply if the agreements mentioned in Article 17,
sub-paragraph c have not been given before the child attains the age of
30 eighteen years.
CHAPTER II--REQUIREMENTS FOR INTERCOUNTRY
ADOPTIONS
Article 4
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An adoption within the scope of the Convention shall take place only if the
competent authorities of the State of origin--
a have established that the child is adoptable;
b have determined, after possibilities for placement of the child within
5 the State of origin have been given due consideration, that an
intercountry adoption is in the child's best interests;
c have ensured that
(1) the persons, institutions and authorities whose consent is
necessary for adoption, have been counselled as may be
10 necessary and duly informed of the effects of their consent, in
particular whether or not an adoption will result in the
termination of the legal relationship between the child and his or
her family of origin,
(2) such persons, institutions and authorities have given their
15 consent freely, in the required legal form, and expressed or
evidenced in writing,
(3) the consents have not been induced by payment or compensation
of any kind and have not been withdrawn, and
(4) the consent of the mother, where required, has been given only
20 after the birth of the child; and
d have ensured, having regard to the age and degree of maturity of the
child, that
(1) he or she has been counselled and duly informed of the effects of
the adoption and of his or her consent to the adoption, where
25 such consent is required,
(2) consideration has been given to the child's wishes and opinions,
(3) the child's consent to the adoption, where such consent is
required, has been given freely, in the required legal form, and
expressed or evidenced in writing, and
30 (4) such consent has not been induced by payment or compensation
of any kind.
Article 5
An adoption within the scope of the Convention shall take place only if the
competent authorities of the receiving State--
35 a have determined that the prospective adoptive parents are eligible and
suited to adopt;
b have ensured that the prospective adoptive parents have been
counselled as may be necessary; and
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c have determined that the child is or will be authorized to enter and
reside permanently in that State.
CHAPTER III--CENTRAL AUTHORITIES AND
ACCREDITED BODIES
5 Article 6
1. A Contracting State shall designate a Central Authority to discharge the
duties which are imposed by the Convention upon such authorities.
2. Federal States, States with more than one system of law or States having
autonomous territorial units shall be free to appoint more than one
10 Central Authority and to specify the territorial or personal extent of their
functions. Where a State has appointed more than one Central Authority,
it shall designate the Central Authority to which any communication may
be addressed for transmission to the appropriate Central Authority within
that State.
15 Article 7
1. Central Authorities shall co-operate with each other and promote co-
operation amongst the competent authorities in their States to protect
children and to achieve the other objects of the Convention.
2. They shall take directly all appropriate measures to--
20 a provide information as to the laws of their States concerning adoption
and other general information, such as statistics and standard forms;
b keep one another informed about the operation of the Convention and,
as far as possible, eliminate any obstacles to its application.
Article 8
25 Central Authorities shall take, directly or through public authorities, all
appropriate measures to prevent improper financial or other gain in
connection with an adoption and to deter all practices contrary to the objects
of the Convention.
Article 9
30 Central Authorities shall take, directly or through public authorities or other
bodies duly accredited in their State, all appropriate measures, in particular
to--
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a collect, preserve and exchange information about the situation of the
child and the prospective adoptive parents, so far as is necessary to
complete the adoption;
b facilitate, follow and expedite proceedings with a view to obtaining
5 the adoption;
c promote the development of adoption counselling and post-adoption
services in their States;
d provide each other with general evaluation reports about experience
with intercountry adoption;
10 e reply, in so far as is permitted by the law of their State, to justified
requests from other Central Authorities or public authorities for
information about a particular adoption situation.
Article 10
Accreditation shall only be granted to and maintained by bodies
15 demonstrating their competence to carry out properly the tasks with which
they may be entrusted.
Article 11
An accredited body shall--
a pursue only non-profit objectives according to such conditions and
20 within such limits as may be established by the competent authorities
of the State of accreditation;
b be directed and staffed by persons qualified by their ethical standards
and by training or experience to work in the field of intercountry
adoption; and
25 c be subject to supervision by competent authorities of that State as to
its composition, operation and financial situation.
Article 12
A body accredited in one Contracting State may act in another Contracting
State only if the competent authorities of both States have authorized it to do
30 so.
Article 13
The designation of the Central Authorities and, where appropriate, the extent
of their functions, as well as the names and addresses of the accredited
bodies shall be communicated by each Contracting State to the Permanent
35 Bureau of the Hague Conference on Private International Law.
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CHAPTER IV--PROCEDURAL REQUIREMENTS IN
INTERCOUNTRY ADOPTION
Article 14
Persons habitually resident in a Contracting State, who wish to adopt a child
5 habitually resident in another Contracting State, shall apply to the Central
Authority in the State of their habitual residence.
Article 15
1. If the Central Authority of the receiving State is satisfied that the
applicants are eligible and suited to adopt, it shall prepare a report
10 including information about their identity, eligibility and suitability to
adopt, background, family and medical history, social environment,
reasons for adoption, ability to undertake an intercountry adoption, as
well as the characteristics of the children for whom they would be
qualified to care.
15 2. It shall transmit the report to the Central Authority of the State of origin.
Article 16
1. If the Central Authority of the State of origin is satisfied that the child is
adoptable, it shall--
a prepare a report including information about his or her identity,
20 adoptability, background, social environment, family history, medical
history including that of the child's family, and any special needs of
the child;
b give due consideration to the child's upbringing and to his or her
ethnic, religious and cultural background;
25 c ensure that consents have been obtained in accordance with Article 4;
and
d determine, on the basis in particular of the reports relating to the child
and the prospective adoptive parents, whether the envisaged
placement is in the best interests of the child.
30 2. It shall transmit to the Central Authority of the receiving State its report
on the child, proof that the necessary consents have been obtained and the
reasons for its determination on the placement, taking care not to reveal
the identity of the mother and the father if, in the State of origin, these
identities may not be disclosed.
35 Article 17
Any decision in the State of origin that a child should be entrusted to
prospective adoptive parents may only be made if--
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a the Central Authority of that State has ensured that the prospective
adoptive parents agree;
b the Central Authority of the receiving State has approved such
decision, where such approval is required by the law of that State or
5 by the Central Authority of the State of origin;
c the Central Authorities of both States have agreed that the adoption
may proceed; and
d it has been determined, in accordance with Article 5, that the
prospective adoptive parents are eligible and suited to adopt and that
10 the child is or will be authorized to enter and reside permanently in
the receiving State.
Article 18
The Central Authorities of both States shall take all necessary steps to obtain
permission for the child to leave the State of origin and to enter and reside
15 permanently in the receiving State.
Article 19
1. The transfer of the child to the receiving State may only be carried out if
the requirements of Article 17 have been satisfied.
2. The Central Authorities of both States shall ensure that this transfer takes
20 place in secure and appropriate circumstances and, if possible, in the
company of the adoptive or prospective adoptive parents.
3. If the transfer of the child does not take place, the reports referred to in
Articles 15 and 16 are to be sent back to the authorities who forwarded
them.
25 Article 20
The Central Authorities shall keep each other informed about the adoption
process and the measures taken to complete it, as well as about the progress
of the placement if a probationary period is required.
Article 21
30 1. Where the adoption is to take place after the transfer of the child to the
receiving State and it appears to the Central Authority of that State that
the continued placement of the child with the prospective adoptive
parents is not in the child's best interests, such Central Authority shall
take the measures necessary to protect the child, in particular--
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a to cause the child to be withdrawn from the prospective adoptive
parents and to arrange temporary care;
b in consultation with the Central Authority of the State of origin, to
arrange without delay a new placement of the child with a view to
5 adoption or, if this is not appropriate, to arrange alternative long-term
care; an adoption shall not take place until the Central Authority of
the State of origin has been duly informed concerning the new
prospective adoptive parents;
c as a last resort, to arrange the return of the child, if his or her interests
10 so require.
2. Having regard in particular to the age and degree of maturity of the child,
he or she shall be consulted and, where appropriate, his or her consent
obtained in relation to measures to be taken under this Article.
Article 22
15 1. The functions of a Central Authority under this Chapter may be
performed by public authorities or by bodies accredited under Chapter III,
to the extent permitted by the law of its State.
2. Any Contracting State may declare to the depositary of the Convention
that the functions of the Central Authority under Articles 15 to 21 may be
20 performed in that State, to the extent permitted by the law and subject to
the supervision of the competent authorities of that State, also by bodies
or persons who--
a meet the requirements of integrity, professional competence,
experience and accountability of that State; and
25 b are qualified by their ethical standards and by training or experience
to work in the field of intercountry adoption.
3. A Contracting State which makes the declaration provided for in
paragraph 2 shall keep the Permanent Bureau of the Hague Conference
on Private International Law informed of the names and addresses of
30 these bodies and persons.
4. Any Contracting State may declare to the depositary of the Convention
that adoptions of children habitually resident in its territory may only take
place if the functions of the Central Authorities are performed in
accordance with paragraph 1.
35 5. Notwithstanding any declaration made under paragraph 2, the reports
provide for in Articles 15 and 16 shall, in every case, be prepared under
the responsibility of the Central Authority or other authorities or bodies in
accordance with paragraph 1.
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CHAPTER V--RECOGNITION AND EFFECTS OF THE
ADOPTION
Article 23
1. An adoption certified by the competent authority of the State of the
5 adoption as having been made in accordance with the Convention shall be
recognized by operation of law in the other Contracting States. The
certificate shall specify when and by whom the agreements under Article
17, sub-paragraph c, were given.
2. Each Contracting State shall, at the time of signature, ratification,
10 acceptance, approval or accession, notify the depositary of the
Convention of the identity and the functions of the authority or the
authorities which, in that State, are competent to make the certification. It
shall also notify the depositary of any modification in the designation of
these authorities.
15 Article 24
The recognition of an adoption may be refused in a Contracting State only if
the adoption is manifestly contrary to its public policy, taking into account
the best interests of the child.
Article 25
20 Any Contracting State may declare to the depositary of the Convention that it
will not be bound under this Convention to recognize adoptions made in
accordance with an agreement concluded by application of Article 39,
paragraph 2.
Article 26
25 1. The recognition of an adoption includes recognition of--
a the legal parent-child relationship between the child and his or her
adoptive parents;
b parental responsibility of the adoptive parents for the child;
c the termination of a pre-existing legal relationship between the child
30 and his or her mother and father, if the adoption has this effect in the
Contracting State where it was made.
2. In the case of an adoption having the effect of terminating a pre-existing
legal parent-child relationship, the child shall enjoy in the receiving State,
and in any other Contracting State where the adoption is recognized,
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rights equivalent to those resulting from adoptions having this effect in
each such State.
3. The preceding paragraphs shall not prejudice the application of any
provision more favourable for the child, in force in the Contracting State
5 which recognizes the adoption.
Article 27
1. Where an adoption granted in the State of origin does not have the effect
of terminating a pre-existing legal parent-child relationship, it may, in the
receiving State which recognizes the adoption under the Convention, be
10 converted into an adoption having such an effect--
a if the law of the receiving State so permits; and
b if the consents referred to in Article 4, sub-paragraphs c and d, have
been or are given for the purpose of such an adoption.
2. Article 23 applies to the decision converting the adoption.
15 CHAPTER VI--GENERAL PROVISIONS
Article 28
The Convention does not affect any law of a State of origin which requires
that the adoption of a child habitually resident within that State take place in
that State or which prohibits the child's placement in, or transfer to, the
20 receiving State prior to adoption.
Article 29
There shall be no contact between the prospective adoptive parents and the
child's parents or any other person who has care of the child until the
requirements of Article 4, sub-paragraphs a to c, and Article 5, sub-paragraph
25 a, have been met, unless the adoption takes place within a family or unless
the contact is in compliance with the conditions established by the competent
authority of the State of origin.
Article 30
1. The competent authorities of a Contracting State shall ensure that
30 information held by them concerning the child's origin, in particular
information concerning the identity of his or her parents, as well as the
medical history, is preserved.
2. They shall ensure that the child or his or her representative has access to
such information, under appropriate guidance, in so far as is permitted by
35 the law of that State.
Article 31
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Without prejudice to Article 30, personal data gathered or transmitted under
the Convention, especially data referred to in Articles 15 and 16, shall be
used only for the purposes for which they were gathered or transmitted.
Article 32
5 1. No one shall derive improper financial or other gain from an activity
related to an intercountry adoption.
2. Only costs and expenses, including reasonable professional fees of
persons involved in the adoption, may be charged or paid.
3. The directors, administrators and employees of bodies involved in an
10 adoption shall not receive remuneration which is unreasonably high in
relation to services rendered.
Article 33
A competent authority which finds that any provision of the Convention has
not been respected or that there is a serious risk that it may not be respected,
15 shall immediately inform the Central Authority of its State. This Central
Authority shall be responsible for ensuring that appropriate measures are
taken.
Article 34
If the competent authority of the State of destination of a document so
20 requests, a translation certified as being in conformity with the original must
be furnished. Unless otherwise provided, the costs of such translation are to
be borne by the prospective adoptive parents.
Article 35
The competent authorities of the Contracting States shall act expeditiously in
25 the process of adoption.
Article 36
In relation to a State which has two or more systems of law with regard to
adoption applicable in different territorial units--
a any reference to habitual residence in that State shall be construed as
30 referring to habitual residence in a territorial unit of that State;
b any reference to the law of that State shall be construed as referring to
the law in force in the relevant territorial unit;
c any reference to the competent authorities or to the public authorities
of that State shall be construed as referring to those authorized to act
35 in the relevant territorial unit;
d any reference to the accredited bodies of that State shall be construed
as referring to bodies accredited in the relevant territorial unit.
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Article 37
In relation to a State which with regard to adoption has two or more systems
of law applicable to different categories of persons, any reference to the law
of that State shall be construed as referring to the legal system specified by
5 the law of that State.
Article 38
A State within which different territorial units have their own rules of law in
respect of adoption shall not be bound to apply the Convention where a State
with a unified system of law would not be bound to do so.
10 Article 39
1. The Convention does not affect any international instrument to which
Contracting States are Parties and which contains provisions on matters
governed by the Convention, unless a contrary declaration is made by the
States Parties to such instrument.
15 2. Any Contracting State may enter into agreements with one or more other
Contracting States, with a view to improving the application of the
Convention in their mutual relations. These agreements may derogate
only from the provisions of Articles 14 to 16 and 18 to 21. The States
which have concluded such an agreement shall transmit a copy to the
20 depositary of the Convention.
Article 40
No reservation to the Convention shall be permitted.
Article 41
The Convention shall apply in every case where an application pursuant to
25 Article 14 has been received after the Convention has entered into force in
the receiving State and the State of origin.
Article 42
The Secretary General of the Hague Conference on Private International Law
shall at regular intervals convene a Special Commission in order to review
30 the practical operation of the Convention.
CHAPTER VII--FINAL CLAUSES
Article 43
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1. The Convention shall be open for signature by the States which were
Members of the Hague Conference on Private International Law at the
time of its Seventeenth Session and by the other States which participated
in that Session.
5 2. It shall be ratified, accepted or approved and the instruments of
ratification, acceptance or approval shall be deposited with the Ministry
of Foreign Affairs of the Kingdom of the Netherlands, depositary of the
Convention.
Article 44
10 1. Any other State may accede to the Convention after it has entered into
force in accordance with Article 46, paragraph 1.
2. The instrument of accession shall be deposited with the depositary.
3. Such accession shall have effect only as regards the relations between the
acceding State and those Contracting States which have not raised an
15 objection to its accession in the six months after the receipt of the
notification referred to in sub-paragraph b of Article 48. Such an
objection may also be raised by States at the time when they ratify, accept
or approve the Convention after an accession. Any such objection shall
be notified to the depositary.
20 Article 45
1. If a State has two or more territorial units in which different systems of
law are applicable in relation to matters dealt with in the Convention, it
may at the time of signature, ratification, acceptance, approval or
accession declare that this Convention shall extend to all its territorial
25 units or only to one or more of them and may modify this declaration by
submitting another declaration at any time.
2. Any such declaration shall be notified to the depositary and shall state
expressly the territorial units to which the Convention applies.
3. If a State makes no declaration under this Article, the Convention is to
30 extend to all territorial units of that State.
Article 46
1. The Convention shall enter into force on the first day of the month
following the expiration of three months after the deposit of the third
instrument of ratification, acceptance or approval referred to in
35 Article 43.
2. Thereafter the Convention shall enter into force--
a for each State ratifying, accepting or approving it subsequently, or
acceding to it, on the first day of the month following the expiration
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of three months after the deposit of its instrument of ratification,
acceptance, approval or accession;
b for a territorial unit to which the Convention has been extended in
conformity with Article 45, on the first day of the month following the
5 expiration of three months after the notification referred to in that
Article.
Article 47
1. A State Party to the Convention may denounce it by a notification in
writing addressed to the depositary.
10 2. The denunciation takes effect on the first day of the month following the
expirations of twelve months after the notification is received by the
depositary. Where a longer period for the denunciation to take effect is
specified in the notification, the denunciation takes effect upon the
expiration of such longer period after the notification is received by the
15 depositary.
Article 48
The depositary shall notify the States Members of the Hague Conference on
Private International Law, the other States which participated in the
Seventeenth Session and the States which have acceded in accordance with
20 Article 44, of the following--
a the signatures, ratifications, acceptances and approvals referred to in
Article 43;
b the accessions and objections raised to accessions referred to in
Article 44;
25 c the date on which the Convention enters into force in accordance with
Article 46;
d the declarations and designations referred to in Articles 22, 23, 25 and
45;
e the agreements referred to in Article 39;
30 f the denunciations referred to in Article 47.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto,
have signed this Convention.
DONE at The Hague, on the 29th day of May 1993, in the English and
French languages, both texts being equally authentic, in a single copy which
35 shall be deposited in the archives of the Government of the Kingdom of the
Netherlands, and of which a certified copy shall be sent, through diplomatic
channels, to each of the States Members of the Hague Conference on Private
International Law at the date of its Seventeenth Session and to each of the
other States which participated in that Session.'.
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PART 3--BILATERAL ARRANGEMENTS
9. New Part IVB inserted
Before Part V of the Principal Act insert--
'PART IVB--BILATERAL ARRANGEMENTS
5 FOR INTERCOUNTRY ADOPTIONS
69T. Definitions
In this Part--
"adoption authority" means a person, body
or office in a prescribed overseas
10 jurisdiction responsible for approving
the adoption of children;
"adoption certificate", in relation to an
adoption, means a document issued by
an adoption authority in the prescribed
15 overseas jurisdiction in which the child
to whom the document relates was
habitually resident before being
adopted, stating that--
(a) the adoption took place in
20 accordance with the laws of that
jurisdiction; and
(b) the Secretary, or a person or a
delegate of a person whose
functions in another State or a
25 Territory correspond with those of
the Secretary under this Act,
agreed that the adoption may
proceed;
"prescribed overseas jurisdiction" means
30 a country, or part of a country,
prescribed as an overseas jurisdiction
for the purposes of this Part.
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69U. Recognition of an adoption in a prescribed
overseas jurisdiction of a child from that
jurisdiction
(1) Subject to section 69W, an adoption in a
5 prescribed overseas jurisdiction of a child
who is habitually resident in that jurisdiction
by a person who is habitually resident in
Australia is recognised if--
(a) the adoption is granted in accordance
10 with the laws of that prescribed
overseas jurisdiction; and
(b) an adoption certificate is in force in
relation to the adoption.
(2) An adoption that is recognised under sub-
15 section (1) is effective on and from the date
that the adoption takes effect in the
prescribed overseas jurisdiction.
69V. Effect of recognition of adoption under this
Part
20 Subject to section 69W, if the adoption of a
child is recognised under section 69U, then,
for the purposes of the laws of Victoria, the
adoption has the same effect as an adoption
order under this Act5.
25 69W. Refusal to recognise an adoption under this
Part
(1) If the Secretary considers that an adoption
recognised under section 69U is manifestly
contrary to public policy, taking into account
30 the best interests of the child to whom the
adoption relates, the Secretary may apply to
the Court for a declaration that the adoption
is not recognised.
(2) The Court may make a declaration on an
35 application under sub-section (1) if satisfied
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that the adoption is manifestly contrary to
public policy, taking into account the best
interests of the child to whom the adoption
relates.
5 (3) If a court declares that an adoption is not
recognised, the adoption has no effect in
Victoria.
69X. Evidential value of adoption certificate
An adoption certificate is evidence, for the
10 laws of Victoria, that the adoption to which
the certificate relates was carried out in
accordance with the laws of the prescribed
overseas jurisdiction whose adoption
authority issued the certificate.
15 69Y. Report on person who wishes to adopt a
child in a prescribed overseas jurisdiction
If a person--
(a) wishes to adopt a child in a prescribed
overseas jurisdiction; and
20 (b) is on the register of approved persons
kept under section 13A by the
Secretary or the principal officer of an
approved agency--
the Secretary or principal officer may send
25 an assessment report on the person to the
adoption authority of the prescribed overseas
jurisdiction.'.
10. Consequential amendments
(1) In section 65(1) of the Principal Act, after
30 "Convention country" insert "or a prescribed
overseas jurisdiction within the meaning of
Part IVB".
(2) In section 65 of the Principal Act, after
sub-section (2) insert--
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"(3) Despite sub-section (1), sections 67, 68 and
69 continue to apply, in relation to a country
that is a prescribed overseas jurisdiction
within the meaning of Part IVB, in respect of
5 adoptions in that country that took place
before the commencement of section 10 of
the Adoption (Amendment) Act 2000.".
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PART 4--MISCELLANEOUS AMENDMENTS
11. New sections 13 and 13A inserted
After section 12 of the Principal Act insert--
"13. Approval of persons to adopt children
5 (1) Persons capable of making an application
under section 10A(a) for an adoption order
under section 11 may apply to the Secretary
or the principal officer of an approved
agency for approval as fit and proper persons
10 to adopt a child.
(2) An application is to be made in accordance
with the regulations.
(3) The Secretary or the principal officer of an
approved agency may approve applicants
15 under sub-section (1) as fit and proper
persons to adopt a child if the applicants
satisfy the prescribed requirements relating
to approval of applicants.
(4) Subject to sub-section (5), the Secretary or
20 the principal officer of an approved agency
may revoke an approval given by the
Secretary or principal officer (as the case
requires) under sub-section (3).
(5) The Secretary or the principal officer of an
25 approved agency must not refuse, or defer
the making of a decision on, an application
for approval or revoke an approval, unless
the Secretary or principal officer has--
(a) notified the applicant or approved
30 person (as the case requires) in writing
of the reasons for the refusal, deferment
or revocation; and
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(b) given the applicant or approved person
a reasonable opportunity to make a
written or oral submission to the
Secretary or principal officer.
5 13A. Register of approved persons
(1) The Secretary must--
(a) keep a register of persons who have
been approved by the Secretary under
section 13 as fit and proper persons to
10 adopt a child; and
(b) keep a record of persons--
(i) whose application for approval
has been refused by the Secretary;
or
15 (ii) whose application for approval
has been deferred by the
Secretary; or
(iii) whose approval has been revoked
by the Secretary.
20 (2) The principal officer of an approved agency
must--
(a) keep a register of persons who have
been approved by the principal officer
under section 13 as fit and proper
25 persons to adopt a child; and
(b) keep a record of persons--
(i) whose application for approval
has been refused by the principal
officer; or
30 (ii) whose application for approval
has been deferred by the principal
officer; or
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(iii) whose approval has been revoked
by the principal officer.
Penalty: 5 penalty units.".
12. New section 14 substituted
5 For section 14 of the Principal Act substitute--
"14. Wishes of child
(1) Subject to this Division, an order for the
adoption of a child shall not be made unless
the Court is satisfied that--
10 (a) at least 28 days before the day on which
the adoption order is to be made the
child received counselling from an
approved counsellor as to the effects of
the adoption; and
15 (b) as far as practicable, the wishes of the
child have been ascertained and due
consideration is given to them, having
regard to the age and understanding of
the child.
20 (2) Sub-section (1)(a) does not apply if the
Court is satisfied that counselling is
inappropriate having regard to the age and
understanding of the child.
(3) A person who has given counselling to a
25 child under sub-section (1)(a) must provide a
written report to the Court.".
13. Adoption order not to be made unless applicants are
approved
In section 15(1)(a) of the Principal Act, after
30 "applicants" (where secondly occurring) insert
"and, except in the case of an order referred to in
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section 12, the applicants have been approved
under section 13;".
14. Discharge of adoption orders
(1) In section 19(5) of the Principal Act, after
5 "adoption" (where secondly occurring) insert
"order".
(2) In section 19 of the Principal Act, after
sub-section (5) insert--
"(5A) The Court shall not make an order for the
10 discharge of an adoption order unless the
Court is satisfied that the welfare and
interests of the child would be promoted by
the discharge of the adoption order.".
(3) In section 19 of the Principal Act, after
15 sub-section (8) insert--
"(9) The Court may allow any of the following
persons to appear and to address the Court
(either personally or by a legal practitioner)
at the hearing of an application for the
20 discharge of an order for the adoption of a
child--
(a) the child;
(b) a natural parent of the child;
(c) an adoptive parent of the child;
25 (d) the Secretary;
(e) if the adoption was arranged by an
adoption agency, the principal officer
of that agency;
(f) any other person whom the Court
30 determines has a sufficient interest in
the matter.".
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15. Period of approval of approved agency
In section 25 of the Principal Act, for "three years
or, where a longer period is prescribed, that longer
period" substitute "the period, not exceeding
5 3 years, determined by the Secretary".
16. New section 60 substituted
For section 60 of the Principal Act substitute--
"60. Variation of orders and conditions
(1) Where the Court is satisfied that it is in the
10 best interests of the welfare of an adopted
child that the adoption order for the child
should be varied so as to be subject to a
condition referred to in section 59 or 59A,
the Court shall, on application under this
15 section, vary the adoption order so that it is
subject to the condition.
(2) Where the Court is satisfied that it is in the
best interests of the welfare of an adopted
child that a condition referred to in section
20 59 or 59A to which the adoption order is
subject be varied or revoked, the Court shall,
on application under this section, by order
vary or revoke the condition.
(3) An application under this section may be
25 made--
(a) by an adoptive parent of the adopted
child; or
(b) by a parent who gave consent to the
adoption of the child; or
30 (c) by or on behalf of the adopted child.
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(4) An application under this section must be
accompanied by a report from an approved
counsellor.
(5) An order cannot be made under this section
5 so as to grant a person a right of access, or
greater rights of access, to an adopted child
unless--
(a) the adoptive parent or, where there are
two adoptive parents, both adoptive
10 parents agree; and
(b) the Court is satisfied that, as far as
practicable, the wishes of the child have
been ascertained and due consideration
is given to them, having regard to the
15 age and understanding of the child.
(6) In addition to the requirements of this
section, an order cannot be made under
sub-section (1) unless the requirements of
section 59 or 59A (as the case requires) for
20 the imposition of the relevant condition are
satisfied.".
17. Consequential amendment of section 107
After section 107(1) of the Principal Act insert--
"(1A) Sub-section (1) does not exclude a person
25 referred to in section 19(9) or their legal
practitioners or representatives from the
hearing of an application for discharge of an
adoption order.".
18. Statute law revision
30 In section 3 of the Principal Act, sub-sections (1),
(2) and (6) are repealed.
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19. Repeal of unproclaimed amendment
No. 56/1989.
In Schedule 2 to the Children and Young
Reprint No. 5
Persons Act 1989, item 1.1 is repealed. as at 1 July
1998. Further
amended by
Nos 10/1999,
5 12/1999 and
19/1999.
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Notes
Act No.
NOTES
1
Section 53 and subsequent sections provide for the effect of adoption
orders.
2
Regulation 5 of the Family Law (Hague Convention on Intercountry
Adoption) Regulations 1998 of the Commonwealth provides that the
Secretary to the Commonwealth Attorney-General's Department is the
Commonwealth Central Authority.
3
As at 30 March 2000, these countries are: Andorra, Burkina Faso, Canada
(extending only to the provinces of Alberta, British Columbia, Manitoba,
New Brunswick, Prince Edward Island, Saskatchewan and the Yukon
Territory), Colombia, Costa Rica, Cyprus, Denmark, Ecuador, Finland,
France, Lithuania, Mexico, Moldova, Norway, Paraguay, Peru,
Philippines, Poland, Romania, Spain, Sr Lanka, Sweden, The
Netherlands, Venezuela, Mauritius, New Zealand, Burundi, El Salvador,
Israel, Brazil, Georgia, Austria and Chile.
4
As at 30 March 2000, Convention countries within the meaning of
paragraph (b) of the definition are Panama and Monaco. Italy and
Iceland will become such countries on 1 May 2000 and the Czech
Republic will become such a country on 1 June 2000.
5
See note 1.
By Authority. Government Printer for the State of Victoria.
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