Victorian Consolidated Legislation

Adoption Act 1984 - SECT 50

Adoption of Aboriginal child

50. Adoption of Aboriginal child



(1) The provisions of this section are enacted in recognition of the principle
of Aboriginal self-management and self-determination and that adoption is
absent in customary Aboriginal child care arrangements.

(2) Where-

   (a)  consent is given to the adoption of a child by a parent-

   (i)  who is an Aborigine; or

   (ii) who is not an Aborigine but, in the instrument of consent, states the
        belief that the other parent is an Aborigine- and who, in the
        instrument of consent, expresses the wish that the child be adopted
        within the Aboriginal community; or

   (b)  the Court has dispensed with the consent of the parents and the
        Secretary or principal officer of an approved agency believes on
        reasonable grounds that the child has been accepted by an Aboriginal
        community as an Aborigine and so informs the Court-

the Court shall not make an order for the adoption of the child unless the
Court is satisfied as to the matters referred to in section 15 and, where a
parent has given consent, is satisfied that the parent has received, or has in
writing expressed the wish not to receive, counselling from an Aboriginal
agency and-

   (c)  that the proposed adoptive parents are members, or at least one of the
        proposed adoptive parents is a member, of the Aboriginal community to
        which a parent who gave consent belongs;

   (d)  that a person of a class referred to in paragraph (c) is not
        reasonably available as an adoptive parent and that the proposed
        adoptive parents, or at least one of the proposed adoptive parents, is
        a member of an Aboriginal community; or

   (e)  that a person of a class referred to in paragraph (c) or (d) is not
        reasonably available as an adoptive parent and that the proposed
        adoptive parents are persons approved by or on behalf of the Secretary
        or the principal officer of an approved agency and by an Aboriginal
        agency as suitable persons to adopt an Aboriginal child.

(3) In this section, Aboriginal agency means an organization declared by Order
of the Governor in Council published in the Government Gazette to be an
Aboriginal agency in accordance with subsection (4).

(4) An organization shall not be declared under subsection (3) to be an
Aboriginal agency unless the Secretary is satisfied that the organization is
managed by Aborigines, that its activities are carried on for the benefit of
Aborigines and that it has experience in child and family welfare matters and
the declaration includes a statement to that effect.

(5) The Governor in Council may, by Order published in the Government Gazette,
revoke or vary an order made under subsection (3).