Western Australian Consolidated Acts

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ADOPTION ACT 1994 - SECT 40

40 .         Assessment of applicants for adoptive parenthood

        (1)         Where the CEO receives an application under section 38(1), the CEO is to appoint a person who the CEO thinks is suitably qualified, to assess the application and prepare a report ( the assessment report ) on the applicant or joint applicants.

        (2)         For purposes of the assessment report, each applicant is to provide information as to the applicant’s suitability for adoptive parenthood as required by the person so appointed, including evidence that the applicant — 

            (a)         is, and continues to be, a person to whom section 39(1) applies;

            (b)         is physically and mentally able to care for and support a child until the child attains 18 years of age;

            (c)         is of good repute;

            (d)         if applying jointly, has a stable marriage or de facto relationship with the other applicant;

            (da)         shows a desire and ability to provide a suitable family environment for the child;

            (e)         has not been found guilty — 

                  (i)         in the 5 years before the date of the assessment, of an offence punishable at the time of the finding by imprisonment;

                  (ii)         at any time, of an offence punishable at the time of the finding by life imprisonment or imprisonment for 20 years or more; or

                  (iii)         at any time, of any other offence involving an assault or sexual offence against a child, committed when the applicant was 18 or more years of age;

                and

            (f)         satisfies other criteria as prescribed by regulation.

        [Section 40 amended by No. 3 of 2002 s. 13; No. 34 of 2004 s. 251; No. 29 of 2008 s. 23.]



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