ADOPTION ACT 1984
Table of Provisions
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
- 73A Registration of adoption of a child from a Convention country to Australia
- 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 and advice to applicants about information
- 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
- 100A Discretionary power of Secretary to use and disclose adoption 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