ADOPTION REGULATIONS 2008

Victorian Consolidated Regulations

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ADOPTION REGULATIONS 2008

S.R. No. 10/2008
Version as at 26 February 2008

TABLE OF PROVISIONS

Regulation Page

PART 1-PRELIMINARY

1. Objective
2. Authorising provision
3. Commencement
4. Revocation
5. Definitions

PART 2-ADOPTION AGENCIES, ACCREDITED BODIES, OVERSEAS JURISDICTIONS AND COUNSELLORS

Division 1-Approved adoption agencies

6. Application for approval or renewal of approval of adoption agency
7. Qualifications of principal officer

Division 2-Approved agencies for overseas adoptions

8. Prescribed persons and organisations for overseas adoptions
9. Permitted arrangements with overseas agencies
10. Agencies not to be authorised by Secretary in certain circumstances

Division 3-Accredited bodies for Hague Convention adoptions

11. Application for accreditation
12. Additional criteria for accreditation
13. Code of conduct for accredited bodies and staff

Division 4-Prescribed overseas jurisdictions

14. Overseas jurisdiction

Division 5-Approved counsellors

15. Secretary to keep list of approved counsellors

PART 3-CONSENTS TO ADOPTION

Division 1-Counselling

16. Approved counsellors
17. Information to be provided by counsellor

Division 2-Parental wishes

18. Wishes of parent in relation to race, ethnic background, religion etc.
19. Wishes of parent with respect to receiving notice of certain events

Division 3-Procedures for consenting to adoption

20. Form of consent to adoption
21. Conduct of discussions
22. Persons who may witness consent
23. Matters to be complied with before statement signed
24. Offence to accept a fee for being present at a consent to
adoption
25. Documents to be given to person consenting to adoption
26. Certificate of compliance
27. Consent to adoption by guardian of non-citizen child
28. Notification to parent of inability to place child

Division 4-Additional provisions applying to adoption of
Aboriginal children

29. Expression of wishes at time of giving consent
30. Conditions of access to Aboriginal child
31. Notices to be given if condition of consent cannot be met

Division 5-Revocation and extension of time for revocation of consent

32. Extension of period for revoking consent
33. Notice of revocation of consent

PART 4-CARE OF CHILDREN AWAITING ADOPTION

34. Care of child before guardianship effective

PART 5-APPLICATIONS FOR ADOPTIONS

Division 1-Prescribed requirements for applicants

35. Requirements to be satisfied by applicants for adoption of a
child

Division 2-Approval of persons to adopt children

36. Application for approval as a fit and proper person
37. Requirements to be satisfied by applicants for approval as fit and proper persons to adopt a child

Division 3-Register of adoptions

38. Registration of adoption orders
39. Details of adoptions to be provided to the Secretary by
approved agencies

PART 6-BIRTH CERTIFICATES

40. Form of application for birth certificate
41. Fees payable

PART 7-GENERAL

42. Financial assistance
43. Time to comply with request for information

PART 8-SAVINGS AND TRANSITIONAL

44. Pending applications and consents
45. Persons deemed to be fit and proper
__________________
SCHEDULE 1-Regulations Revoked
SCHEDULE 2-Information to be Contained in an Application for Approval of Adoption Agency
SCHEDULE 3-Prescribed Persons and Organisations for Intercountry Adoption Arrangements
SCHEDULE 4-Information to be Provided in Application for
Approval as Fit and Proper Person to Adopt a Child
SCHEDULE 5-Statement of Personal Details Required to be
Submitted with an Application for Approval as a Fit
and Proper Person to Adopt a Child
SCHEDULE 6-Notice to Parent Considering Placing a Child for Adoption
SCHEDULE 7-Record of Wishes of Parent
Form 1-Wishes of Natural Parent with Respect to Religion, Race
or Ethnic Background of Adoptive Parents
Form 2-Wishes of Natural Parent after Consent is Given with Respect to Information about a Child and Access to a
Child
SCHEDULE 8-Wishes of Natural Parent with Respect to Receipt of Information after Consent is Given
SCHEDULE 9-Forms of Consent to the Adoption of a Child
Form 1-General Consent to Adoption
Form 2-Consent by Parent to Child being Adopted by Spouse of
the Parent
Form 3-Consent by Parent to Child being Adopted by the Spouse
of the Other Parent, or by a Relative of the Child or by
the Spouse of a Relative of the Child
Form 4-Additional Statements Relating to the Wishes and Conditions of a Parent with Respect to the Adoption of
a Child within the Aboriginal Community
SCHEDULE 10-Prescribed Statements of Persons Present when Consent is given to an Adoption within Australia
SCHEDULE 11-Prescribed Statements of Persons Present when Consent to Adoption is given in a Country other
than Australia
SCHEDULE 12-Certificate of Compliance
SCHEDULE 13-Consent of Guardian or Delegate to Adoption of Non-citizen Child Resident in Victoria
SCHEDULE 14-Notice to Parent that an Adoptive Placement cannot be Found for a Child
SCHEDULE 15-Notice to Parent of an Aboriginal Child of Inability
to Place a Child Under Parent's Condition
SCHEDULE 16-Notice Varying a Condition of Consent to Adoption
of an Aboriginal Child
SCHEDULE 17-Extension of Period for Revoking Consent to
Adoption
SCHEDULE 18-Notice Revoking Consent to Adoption
SCHEDULE 19-Child Care Agreement-Child Awaiting Adoption
SCHEDULE 20-Extension of Child Care Agreement-Child
Awaiting Adoption
SCHEDULE 21-Memorandum of an Adoption Order
SCHEDULE 22-Application for Copy of Birth Certificate
SCHEDULE 23-Code of Conduct for Accredited Bodies and their
Staff
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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