Victorian Consolidated Legislation

Adoption Act 1984 - SECT 60

Variation of orders and conditions

60. Variation of orders and conditions



(1) Where the Court is satisfied that it is in the 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 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 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 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

   (c)  by or on behalf of the adopted child.

(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 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 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 age and understanding of the child.

(6) In addition to the requirements of this section, an order cannot be made
under subsection (1) unless the requirements of section 59 or 59A (as the case
requires) for the imposition of the relevant condition are satisfied.