Western Australian Consolidated Acts

ADOPTION ACT 1994 - SECT 50

50 .         Orders to constitute provisions of adoption plans

        (1)         Before an adoption order is made in relation to a child, the CEO or any of the parties to the proposed adoption plan in relation to the child may apply to the Court for an order in relation to a disputed matter in the negotiation of the plan.

        (2)         On an application under subsection (1) the Court may make an order as to the matter which is disputed, and where it does so, the terms of the order are to be treated as the provision of the adoption plan in relation to that matter.

        (3)         On an application under subsection (1) the Court is to have regard to — 

            (a)         the rights and responsibilities mentioned in Schedule 2; and

            (b)         the wishes of the parties to the proposed adoption.

        (4)         This section does not apply if the prospective adoptive parent of a child is the step-parent or carer of the child.

        [Section 50 amended by No. 34 of 2004 s. 251.]