Victorian Consolidated Legislation

ADOPTION ACT 1984

No. 10150 of 1984
Version incorporating amendments as at 1 February 2008

TABLE OF PROVISIONS

           Section Page

   PART I-PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Repeals, savings and transitional provisions
   4.      Definitions
   5.      Approved counsellors
   6.      The Court
   7.      Jurisdiction
   8.      Rules of private international law not to apply
   9.      Welfare and interests of child to be paramount

   PART II-ADOPTIONS UNDER THIS ACT

           Division 1-General

   10.     Who may be adopted
   10A.    Application for adoption order
   11.     Persons in whose favour adoption orders may be made
   12.     Orders in favour of relatives
   13.     Approval of persons to adopt children
   13A.    Register of approved persons
   14.     Wishes of child
   15.     Court to be satisfied as to certain matters
   16.     Notice of application for adoption orders
   17.     Parties
   18.     Custody etc. after refusal of an application for an adoption
           order
   19.     Discharge of adoption orders

           Division 2-Arrangement of adoptions

   20.     Adoptions may be arranged by Secretary or by approved
           agency
   20A.    Determinations by Secretary or approved agency
   21.     Application for approval of adoption agency
   22.     Secretary may grant or refuse application
   23.     Authorized agencies-non-citizen children
   24.     Revocation or suspension of approval
   25.     Period of approval of agency
   26.     Renewal of approval
   27.     Effect of cessation or suspension of approved agency
   28.     Effect of revocation or suspension of authority under section 23.
   29.     Ending of suspension of approval or authority
   30.     Notice of approval to be published in Government Gazette
   31.     Acts of principal officer deemed acts of approved agency
   32.     Duties of Secretary and approved agencies

           Division 3-Consents to adoptions

   33.     Consents required to adoptions
   34.     Manner of giving consent
   35.     Requirements to be complied with
   36.     Consent by guardian under section 33(6)
   37.     Consent subject to conditions
   38.     Revocation of consent on notice of inability to place child
   39.     Consents to be construed as general consents
   40.     Consents given under law of another State or a Territory
   41.     Revocation of consents
   42.     Defective consents
   43.     Court may dispense with consents
   44.     Person who gives consent to be given notice of certain events

           Division 4-Care of child

   45.     Care of child awaiting adoption
   46.     Guardianship of child awaiting adoption
   47.     Guardianship of non-citizen child
   48.     Natural parent's right of access after consent

           Division 5-Court to be satisfied as to certain additional matters

   49.     Putative father
   50.     Adoption of Aboriginal child
   51.     Order for adoption of non-citizen child

   PART III-ADOPTION ORDERS UNDER THIS ACT

           Division 1-General

   52.     Certificate of adoption

           Division 2-Effect of adoption orders

   53.     General effect of adoption orders
   54.     Effect of orders as regards dispositions of property etc.
   55.     Bequest by will to unascertained adopted person
   56.     Names of adopted child
   57.     Effect of order on domicile
   58.     Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given

           Division 3-Adoption orders subject to conditions

   59.     Certain adoption orders subject to condition
   59A.    Adoption order subject to certain conditions
   60.     Variation of orders and conditions
   61.     Cessation of condition

           Division 4-Interim orders

   62.     Making of interim orders
   63.     Duration of interim orders
   64.     Discharge of interim orders

   PART IV-RECOGNITION OF ADOPTIONS

   65.     Application of Part
   66.     Recognition of Australasian adoptions
   67.     Recognition of foreign adoptions
   68.     Supervision of certain adopted children
   69.     Declarations of validity of foreign adoptions

   PART IVA-ADOPTIONS UNDER THE HAGUE
   CONVENTION

           Division 1-Court orders and recognition of adoptions

   69A.    Adoption of child in Victoria who is to live in a Convention country
   69B.    Adoption in Victoria of a child from a Convention country
   69C.    Issue of adoption compliance certificate
   69D.    Recognition of adoption of a child from a Convention country to Australia
   69E.    Recognition of adoption of a child from a Convention country to another Convention country
   69F.    Effect of recognition of adoption under this Part
   69G.    Evidential value of adoption compliance certificate
   69H.    Order terminating legal relationship between child and parents
   69I.    Refusal to recognise an adoption or an article 27 decision
   69J.    Report on person who wishes to adopt a child in a Convention country

           Division 2-State Central Authority

   69K.    State Central Authority
   69L.    Functions of State Central Authority
   69M.    Delegation

           Division 3-Accredited bodies

   69N.    Application for accreditation
   69O.    Accreditation
   69P.    Revocation or suspension of accreditation
   69Q.    Effect of suspension or revocation of accreditation
   69R.    Renewal of accreditation
   69S.    Gazettal and notification to Commonwealth of accreditation matters

   PART IVB-BILATERAL ARRANGEMENTS FOR INTERCOUNTRY ADOPTIONS

   69T.    Definitions
   69U.    Recognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction
   69V.    Effect of recognition of adoption under this Part
   69W.    Refusal to recognise an adoption under this Part
   69X.    Evidential value of adoption certificate
   69Y.    Report on person who wishes to adopt a child in a prescribed overseas jurisdiction

   PART V-REGISTRATION OF ORDERS

   70.     Registration of orders
   71.     Sending of memoranda of orders to other States etc.
   72.     Registration of orders received from other States etc.
   73.     Registration of certain foreign orders
   74.     Certain entries to be marked "adopted"
   75.     Index to be kept by Registrar
   76.     Register of Adoptions not open for search
   77.     Index of births
   78.     Application for information about birth of adopted person
   79.     Place of birth
   79A.    Adoption records
   79B.    Secretary may obtain information from Registrar
   80.     Discharge of order
   81.     Correction of errors

   PART VI-ACCESS TO INFORMATION

           Division 1-General

   82.     Definitions
   83.     Restriction on access to reports and records
   84.     Access to certain documents under the Freedom of Information Act 1982.
   85.     Records of adoptions
   86.     Secretary may obtain information from a Court
   87.     Counselling services
   88.     Protection of privacy
   89.     Disclosure of medical information
   90.     Secretary to provide information

           Division 2-Persons entitled to birth certificates or information

   91.     Interpretation
   92.     Access to birth certificates of adopted persons
   93.     Adopted person's right to information at age eighteen
   94.     Adopted person's right to information under age eighteen
   95.     Natural parent's right to information about adopted person under age eighteen
   96.     Natural parent's right to information about adult adopted
           person
   96A.    Person's right to information about parent's adoption
   97.     Natural relative's right to information
   98.     Adoptive parent's right to information
   99.     Application to Court
   100.    Other person's right to information

           Division 3-Adoption Information Service

   101.    Definition
   102.    Adoption Information Service
   103.    Adoption Information Register
   104.    Secretary to give assistance

   PART VII-MISCELLANEOUS

           Division 1-General

   105.    Financial assistance
   106.    Separate representation of child
   107.    Hearings to be in camera
   108.    Secretary may appear at hearings
   109.    Costs
   110.    Judicial notice of signatures
   111.    Certified copies etc. of adoption orders to be evidence
   112.    Fees for assessment of applicants for adoption of child outside Australia
   113.    Waiver of fees
   114.    Registrar to give notices concerning Aboriginal children
   115.    Arrangements for adoption of children outside Australia

           Division 2-Offences

   116.    Territorial application of Part
   117.    Taking away etc. adopted child by natural parent
   118.    Harbouring child taken from adoptive parents
   119.    Payments in consideration of adoptions etc.
   120.    Restrictions on advertising
   121.    Restriction on publication of identity of parties
   122.    Penalty for making unauthorized arrangements
   123.    Agency etc. to comply with request for information
   124.    False statements
   125.    Personation
   126.    Presenting forged consent etc.
   127.    Improperly witnessing consent to adoption
   128.    Penalty
   129.    Authority to prosecute

           Division 2A-Application for review

   129A.   Review by Victorian Civil and Administrative Tribunal

           Division 3-Regulations

   130.    Regulations

           Division 4-Transitional provisions

   131.    Transitional for applications
           __________________
           SCHEDULE 1-Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details