ADOPTION ACT 1994
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Paramount considerations when administering Act etc.
- 4 Terms used
- 4A Presumptions of parentage in Family Court Act 1997, when applicable
- 5 Crown bound
PART 2 -- Adoption agencies
Division 1 -- Authority to conduct adoption services
- 6 Adoption services, conduct of by CEO or delegate
- 7 Adoption services, conduct of by birth parent to facilitate adoption by step-parent
- 8 Unauthorised adoption services, offences as to
Division 2 -- Private adoption agencies
- 9 Private adoption agencies, licensing of
- 10 Regulations as to licensing private adoption agencies
- 11 Pretending to be etc. private adoption agency, offence
Division 3 -- Adoption applications committee
- 12 Appointment of committee
- 13 Functions of committee
- 14 Membership of committee
- 15A CEO may give committee general directions
- 15 Procedure etc. of committee
PART 3 -- The adoption process
Division 1 -- Preliminary matters
- 16 Birth parent wanting to have child adopted, CEO’s duties as to
- 16A Aboriginal or Torres Strait Islander child, CEO’s duties as to prospective adoption of
Division 2 -- Consent to adoption
- 17 Persons whose effective consent is required
- 18 Effective consent, meaning of
- 20 Prospective adoptive parent, who can be specified as in consent
- 21 Man who may be prospective adoptee’s father to be notified of consent etc.
- 22 Revoking consent, time limit for
- 23 Revoking consent, formalities for
Division 3 -- Court applications as to consents to adoption and notices
- 24 Consent requirement (s. 17), Court may dispense with
- 25 Service of notice requirements (s. 21), Court’s powers as to
- 26 Parenting order application (s. 21), Court’s powers as to
Division 3A -- Court applications for determinations of parentage
- 26A Terms used
- 26B Application of this Division
- 26C Determination of parentage, application for
- 26D Application under s. 26C, Court’s powers as to
- 26E Parentage testing order, ancillary orders for
- 26F Adult contravening parentage testing order, consequences of
- 26G Parentage testing order against child, execution and contravention of
- 26H Person testing child under parentage testing order, liability of
- 26I Report for this Division, receipt of by Court as evidence etc.
- 26J Revoking consent after s. 26C application made
Division 4 -- Parental responsibility for prospective adoptees
- 27 Who has parental responsibility after consent requirements met
- 28 Who has parental responsibility where consent requirements not met etc.
- 29 When parental responsibility ceases
- 30 CEO having parental responsibility, duties of if not possible or desirable to place child for adoption
- 31 CEO having parental responsibility, powers of as to care of child
- 32 Person with parental responsibility, duties of
- 33 CEO with parental responsibility, when may renounce or transfer responsibility
- 34 Corresponding officer with parental responsibility, when CEO may request transfer etc. of responsibility
- 35 Removing child from WA without consent, offence
Division 5 -- Court applications as to parental responsibility for children awaiting adoption
- 36 Parental responsibility etc., Court’s powers as to
Division 6 -- Prospective adoptive parents
- 37 CEO to inform etc. prospective adoptive parents
- 38 Applying to be prospective adoptive parent
- 39 Who can apply under s. 38(1)
40. Assessment report for s. 38(1) applicant, CEO to arrange
- 41A CEO may conduct checks of s. 38(1) applicant
- 41 Assessment report to be given to adoption applications committee etc.
- 42 Committee may review own decision
- 43 Committee’s decision, CEO to advise applicant of etc.
- 44 Register of s. 38(1) applicants etc., CEO’s functions as to
Division 7 -- Placement of prospective adoptees
- 45 Person consenting to child’s adoption, CEO to seek wishes of etc. as to prospective adoptive parents
- 46 Adoption plan, negotiation and content of etc.
- 47 Adoption plan, CEO’s duties as to
- 48 After adoption plan agreed, CEO to place child
- 49 Adoption plan not agreed, CEO’s powers in case of
- 50 Dispute in negotiating adoption plan, Court’s powers as to
- 51 Medical report on child required before placed for adoption
- 52 Prerequisites for CEO placing child for adoption
- 53 Placing child who cannot be placed under s.
- 54 Child’s welfare etc. during placement, CEO to arrange supervision of
Division 8 -- Adoptions by step-parents, relatives or carers
- 55A Placement of child with relative or carer, approval of by CEO
- 55B CEO may conduct checks of s. 55A(1) applicant
- 55C When application by relative or carer for adoption order can be made
- 55 Adoption plan required for adoption by step-parent, relative or carer
Division 9 -- Applications for adoption orders
- 56 When application for adoption order can be made
- 57 Court may override s.
- 58 CEO to be notified of intention to apply for adoption order etc.
- 59 Relatives etc. to be notified of intention to apply for adoption order if birth parent deceased or cannot be found
- 60 Court may vary or override s. 58(1) or 59(2)
61. Report for Court, CEO to arrange after receipt of s. 58(1) notice
- 62 Application for adoption order, filing formalities for
- 63 Intervention by CEO or others in adoption order proceedings
- 64 Evidence on application for adoption order
Division 10 -- Adoption orders
- 65 Residential etc. prerequisites to making adoption order
- 66 Who may be adopted
- 67 Who may adopt
- 68 Adoption order for child, preconditions for making etc.
- 69 Adoption order for adult, preconditions for making etc.
- 70 Adoption plan, Court may allow added parties to
- 71 Court’s other powers on adoption applications
- 72 Adoption plan, Court approval of required; enforcement of
- 73 Adoption plan, Court may dispense with requirement for
- 74 Name of adoptee, Court to declare
- 75 Effect of adoption order
- 76 Adoption plan, varying
- 77 Discharge of adoption order
- 78 Court to notify Registrar of adoption order etc.
Division 11 -- Adoption of a child in Western Australia who is to live in a Convention country
- 78A Adoption order for WA resident child by Convention country person, prerequisites for making etc.
- 78B Adoption compliance certificate for s. 78A order, issue of for Hague Convention
PART 4 -- Adoptions information
Division 1 -- Adoption information services
- 79 CEO’s duties as to adoption information services
- 80 Death of party to adoption etc., CEO to notify certain persons
Division 2 -- Access to adoptions information
- 81 Terms used and application of Division
- 82 Access to certain information, application for and grant by CEO of
- 83 Court may prevent CEO granting access under s. 82(2) etc.
- 84 Court records of adoption proceedings, who has right of access to
- 85 Registration of adoptee’s birth, who has right of access to
- 86 Portion of registration of birth not referring to adoption, Registrar may issue copy of
- 88 Non-identifying information held by adoption agency, who has right of access to
- 89 Death of party to adoption, who has right of access to information in case of
- 90 If adoptee cannot be found, who has right of access to information in case of
Division 3 -- Exchange and preservation of adoptions information
- 91 Court to give CEO information
- 92 Registrar to give CEO information
- 93 Persons conducting etc. adoption services, CEO may direct to give CEO information
- 94 Records of adoptions etc., preservation of
Division 4 -- Contact vetoes
- 99 Register of contact vetoes, CEO to maintain
- 100 Duration of contact vetoes
- 102 Confirming, cancelling and varying veto
- 103 Undertaking not to contact person who has lodged contact veto required before access to information granted
Division 5 -- Private contact and mediation licensees
- 105 Contact and mediation agencies to be licensed
- 106 Licence to conduct contact and mediation services, grant of
- 107 Regulations as to contact and mediation agencies
- 108 Contact and mediation agencies bound by contact veto
Division 6 -- Updating non-identifying information
- 109 CEO, on request, to attempt to obtain current information
PART 5 -- Review of decisions and appeals
Division 1 -- Review by CEO
- 110 Review by CEO of certain decisions, application for
- 111 Nature of review by CEO and evidence
- 112 CEO’s powers on review
Division 2 -- Review by State Administrative Tribunal
PART 6 -- Offences
- 120 Terms used
- 121 Territorial application of s. 122 to
122. Making or receiving payment for adoption, adoption service etc.
- 123 Advertising child for adoption etc.
- 124 Publishing identity of party to adoption etc.
- 125 Threat against person to induce consent etc.
- 126 Harassing etc. party to adoption etc.
- 127A False etc. information in application etc.
- 127B Party to proposed adoption etc. to notify CEO of certain information etc.
- 127 Disclosure etc. of information restricted
- 128 Prosecutions, who can commence and time limit for
- 129 Evidentiary matters
PART 7 -- Miscellaneous
Division 1 -- Delegation and protection
- 130 Delegation by CEO
- 130A Delegation by State Central Authority
- 131 Protection from personal liability
- 132 Distribution of property by trustee etc. without notice of adoption order
Division 2 -- Proceedings
- 133 Court etc. proceedings to be in private
- 134 Child, representation of
Division 2A -- State Central Authority
- 134A Minister is Central Authority for WA for Hague Convention etc.
- 134B Functions of the State Central Authority
Division 3 -- Non-Western Australian adoptions
- 135 Arrangements with other States and Territories, Minister may make
- 136 Recognition of other Australian adoptions
- 136A Recognition in WA of adoption in Convention country of child resident in that country by Australian resident
- 136B Court may terminate relationship of child and parent of certain adopted children
- 136C Recognition in WA of adoption of child resident in Convention country by person resident in another such country
- 136D Recognition under s. 136A, effect of
- 136E Recognition in WA of decision in Convention country to convert adoption under Hague Convention Art.
- 136F Court may declare recognition under s. 136A or 136C of no effect in WA
- 136G Adoption compliance certificate, evidential value of
- 136H Person wishing to adopt child in Convention country, State Central Authority to report on
- 137 Arrangements with other countries, Minister may make
- 138 Recognition in WA of foreign country adoptions
- 138A Recognition in WA of adoption in overseas jurisdiction of child resident in that jurisdiction by Australian resident
- 138B Recognition under s. 138A, effect of
- 138C Adoption certificate, evidential value of
- 138D Person wishing to adopt child in overseas jurisdiction, CEO may report on
- 139 Certain children in WA adopted outside Australia, CEO’s powers to supervise welfare etc. of
Division 4 -- Financial assistance and payment for services
- 140 Financial assistance, CEO’s powers to provide
- 141 Services provided by CEO, payments for
Division 5 -- Rules and regulations
- 142 Rules of Court
- 143 Regulations
Division 6 -- Repeal, transitional and savings, consequential amendments and review
- 144 Adoption of Children Act 1896 repealed and transitional etc. provisions for (Sch. 3)
- 145 Adoption Amendment Act 2012, transitional provisions for
- 146 Review of Act