Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The CEO is not to
place a child with a view to the child’s adoption
unless —
(a) the
prospective adoptive parent —
(i)
is named in a register under section 44(1)(b); and
(ii)
meets, as far as is practicable, the wishes expressed
under section 45(a)(i); and
(iii)
satisfies the age differential requirement set out in
subsection (3); and
[(iiia-iiie) deleted]
(iv)
if married or in a de facto relationship, can show that
the marriage or de facto relationship is stable; and
(v)
meets, if relevant, the child’s wishes; and
(va)
recognises the value of, and need for, cultural and ethnic continuity for the
child; and
(vb)
shows a desire and ability to continue the child’s established cultural,
ethnic, religious or educational arrangements; and
(vi)
if female, is not pregnant at the time of the proposed
placement, evidenced by means prescribed by regulation;
and
(aa)
where the adoption applications committee has approved the prospective
adoptive parent in accordance with section 13(2), the child belongs to a
category of children in respect of whom the prospective adoptive parent has
been approved for prospective adoptive parenthood; and
(ab)
where the child is an Aboriginal person or a Torres Strait Islander, the
placement is in accordance with the Aboriginal or Torres Strait Islander
children — placement for adoption principle as set out in
Schedule 2A; and
(b)
where the child is 2 or more years of age, the child has had the nature and
implications of his or her adoption explained in a manner appropriate to the
child’s age and level of understanding; and
(c)
where there are other children in the prospective adoptive
family —
(i)
the prospective adoptee is to be the youngest child in
the prospective adoptive family; and
(ii)
the second youngest child in the family is 12 or more
months older than the prospective adoptee; and
(iii)
each of the other children has been in the family for at
least 2 years;
and
(d)
where siblings are relinquished for adoption at the same time, all reasonable
steps have been taken to place them with the same prospective adoptive parent;
and
(e)
where the child has a sibling who is already adopted or placed for adoption,
all reasonable steps have been taken to place the child with the
sibling’s adoptive or prospective adoptive parent.
(2) The requirements
of subsection (1) are not affected, and cannot be changed, by any
provision of an adoption plan.
(3) For the purposes
of subsection (1)(a)(iii) the age differential requirement is that the
prospective adoptive parent —
(a) is
not more than 45 years older than the child in the case where the
prospective adoptive parent is the younger of prospective joint adoptive
parents who, as a couple, have not adopted a child before; or
(b) is
not more than 50 years older than the child in the case where the
prospective adoptive parent is the older of prospective joint adoptive parents
who, as a couple, have not adopted a child before; or
(c) is
not more than 50 years older than the child in the case where the
prospective adoptive parent is the younger of prospective joint adoptive
parents who, as a couple, have adopted a child before; or
(d) is
not more than 55 years older than the child in the case where the
prospective adoptive parent is the older of prospective joint adoptive parents
who, as a couple, have adopted a child before; or
(e) is
not more than 45 years older than the child in the case where the
prospective adoptive parent is a prospective sole adoptive parent and has not
adopted a child before (whether as a joint or sole adoptive parent); or
(f) is
not more than 50 years older than the child in the case where the
prospective adoptive parent is a prospective sole adoptive parent and has
adopted a child before (whether as a joint or sole adoptive parent).
[Section 52 amended by No. 3 of 2002
s. 14; No. 8 of 2003 s. 29; No. 34 of 2004 s. 251;
No. 8 of 2009 s. 18(3)-(5).]