Victorian Consolidated Legislation

Adoption Act 1984 - SECT 15

Court to be satisfied as to certain matters

15. Court to be satisfied as to certain matters



(1) The Court shall not make an order for the adoption of a child unless the
Court has received a report in writing on behalf of the Secretary or the
principal officer of an approved agency concerning the proposed adoption and,
after considering the report and any other evidence before the Court, the
Court is satisfied that-

   (a)  the applicants satisfy the prescribed requirements relating to
        approval of applicants and, except in the case of an order referred to
        in section 12, the applicants have been approved under section 13;



   (b)  the Secretary or principal officer has given consideration to any
        wishes expressed by a parent of the child in relation to the religion,
        race or ethnic background of the proposed adoptive parent or adoptive
        parents of the child;

   (c)  the Secretary or principal officer has given consideration to any
        wishes expressed by a parent of the child after consent was given or
        dispensed with about access to or information about the child and any
        arrangements agreed between the parent and the proposed adoptive
        parents of the child for access to the child or for the giving of
        information about the child; and

   (d)  the welfare and interests of the child will be promoted by the
        adoption.

(2) Subsection (1) does not apply in relation to an order under section 10 for
the adoption of a child who has attained the age of eighteen years before the
making of the order but the Court shall not make an adoption order in such a
case unless it is satisfied that special circumstances make it desirable that
the child should be adopted.

(3) A report on behalf of the Secretary or the principal officer of an
approved agency may be made by the Secretary or principal officer or by a
person authorized by the Secretary or principal officer in writing either
generally or in any particular case.