{"id":"adoption-act-1988","name":"Adoption Act 1988","slug":"adoption-act-1988","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31462,"registerId":"sa-adoption-act-1988-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adoption Act 1988","content":"South Australia\nAdoption Act 1988\nAn Act to provide for the adoption of children; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects and guiding principles\n4\tInterpretation\n7A\tMinister to ensure consultation undertaken on operation of Act\nPart 2—Adoption orders\nDivision 1—Powers of the Court\n8\tGeneral power of Court\n8A\tCourt must consider opinion of child\n9\tEffect of adoption order\n10\tNo adoption order in certain circumstances\n10A\tAdoption of child who has turned 18\n11\tAdoption of Aboriginal or Torres Strait Islander child\n12\tCriteria affecting prospective adoptive parents\n14\tDischarge of adoption orders\nDivision 2—Consent to adoption\n15\tConsent of parent or guardian\n16\tConsent of child\n17\tConsent given under law of another jurisdiction\n18\tCourt may dispense with consents\n19\tOrder of Court dispensing with or recognising consent\nDivision 3—Recognition of adoption orders\n20\tRecognition of adoption under Australian law\n21\tRecognition of adoption under foreign law\nDivision 4—General provisions\n22\tCourt to consider report on suitability of adoptive parents\n23\tName of child\n24\tProceedings to be private etc\n24A\tCustody agreements\n25\tGuardianship of child awaiting adoption\n26\tSupport in special cases\n26A\tArrangements between parties to adoption\nPart 2A—Open adoptions\n27\tDisclosure of information once adopted person turns 18\n27A\tCircumstances in which information will be provided earlier\n27B\tLimitation on obtaining information relating to adoption prior to commencement of Act in certain cases\n27C\tInterviews\n27D\tMinister's power to authorise disclosure\n27E\tRequirement for consent is waived on death\nPart 3—Miscellaneous\n28\tCertain agreements illegal\n29\tNegotiation for adoption\n30\tEnticing child away\n31\tPublication of names etc of persons involved in proceedings\n32\tPublication of certain material related to adoption\n33\tFalse or misleading statements\n34\tImpersonation\n35\tPresenting forged consent\n36\tConfidentiality\n37\tOffences\n38\tAge\n39\tIntervention in proceedings\n40\tCosts\n40A\tNotification of death of party to adoption\n41\tRegistration\n41A\tLimitation on accessing information on register relating to person adopted prior to commencement of Act in certain cases\n42\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Adoption Act 1988.\n3—Objects and guiding principles\n\t(1)\tThe objects of this Act are—\n\t(a)\tto emphasise that the best interests, welfare and rights of the child concerned, both in childhood and in later life, must be the paramount consideration in adoption law and practice; and\n\t(b)\tto promote the principle that adoption is to be regarded as a service for the child concerned; and\n\t(c)\tto ensure that adoption law and practice assist a child to know and have access to his or her birth family and cultural heritage; and\n\t(d)\tto recognise the adoption of children from other jurisdictions and to endeavour to ensure that equivalent safeguards and standards to those that apply to children adopted in this State apply to children adopted from overseas; and\n\t(e)\tto endeavour to ensure that adoption law and practice complies with Australia's obligations under treaties and other international agreements; and\n\t(f)\tto encourage openness in adoption; and\n\t(g)\tto allow access to certain information relating to adoptions.\n\t(2)\tThe Court, the Minister, the Chief Executive and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the exercise of their powers or functions:\n\t(a)\tthe best interests, welfare and rights of the child concerned, both in childhood and in later life, must be the paramount consideration;\n\t(b)\tadoption is to be regarded as a service for the child concerned;\n\t(c)\tadoption practices should reflect current community attitudes, best practice and values with respect to adoption;\n\t(d)\tno adult has a right to adopt a child;\n\t(e)\tif a child is able to form views on a matter concerning the child's adoption, the child must be given an opportunity to express those views freely and those views are to be given due weight in accordance with the developmental capacity of the child and the circumstances;\n\t(f)\tthe child's given name or names, identity, language and cultural and religious ties should, as far as possible, be identified and preserved.\n\t(3)\tIn addition to the principles set out in subsection (2), a person or body exercising a function or power under this Act in relation to an Aboriginal or Torres Strait Islander child must observe the Aboriginal and Torres Strait Islander Child Placement Principle.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAboriginal and Torres Strait Islander Child Placement Principle means the Aboriginal and Torres Strait Islander Child Placement Principle as set out in the regulations;\nadoptive parent, of a child, means a person who has adopted the child in accordance with the provisions of this Act or who is recognised under this Act as having adopted the child;\nAustralian law means a law of the Commonwealth or of a State or Territory of the Commonwealth;\nbirth parent, of a child, means—\n\t(a)\tthe woman who gave birth to the child; or\n\t(b)\tthe man who—\n\t(i)\tacknowledges paternity of the child; or\n\t(ii)\twhere paternity has not been acknowledged by anyone or is in dispute—has been found to be the father by a court (whether of this or any other jurisdiction) or has been adjudged to be the father under the Family Relationships Act 1975 or any corresponding law of another jurisdiction;\nChief Executive means the chief executive of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nchild includes—\n\t(a)\ta person who is less than 18 years of age; and\n\t(b)\ta person who is aged 18 years or more in respect of whom an order for adoption under this Act is sought or has been made;\nchild born outside lawful marriage includes a child born to a lawfully married woman of which her husband is not the father;\nthe Convention means the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption done at The Hague on 29 May 1993;\nConvention country means a country outside Australia in respect of which the Convention has entered into force, but does not include any country in respect of which Australia has raised an objection in accordance with Article 44 of the Convention;\nthe Court means the Youth Court of South Australia;\ndomestic partner—a person is a domestic partner of another if they are in a qualifying relationship with each other;\nFamily Law Act 1975 means the Family Law Act 1975 (Cwth), as amended from time to time;\nguardian, of a child who is less than 18 years of age, means a person (other than the Chief Executive) who is the legal guardian of the child or has the legal custody of the child or any other person who stands in loco parentis to the child and has done so for a significant length of time;\nparty to an adoption—each of the following persons is a party to an adoption:\n\t(a)\tthe adopted person;\n\t(b)\tthe adoptive parents;\n\t(c)\tthe birth parents;\npsychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);\npublish means publish by newspaper, radio or television, or on the internet, or by other similar means of communication to the public;\nqualifying relationship means the relationship between 2 persons who are living together in a marriage or marriage-like relationship (irrespective of their sex or gender identity);\nRegistrar means the Registrar of Births, Deaths and Marriages;\nrelative, of a person, means a grandparent, brother, sister, uncle or aunt of the person, whether the relationship is of the whole blood or half blood or by affinity;\nstatement of wishes means a written statement given to the Chief Executive by an adopted person, birth parent or adoptive parent in accordance with section 27B setting out the person's wishes in relation to contact by another party to the adoption.\n\t(1a)\tFor the purposes of this Act, the Court must be constituted of the Judge of the Court or a magistrate.\n\t(2)\tFor the purposes of this Act, a reference to an Aboriginal or Torres Strait Islander person or child is to be taken to be a reference to a person or child (as the case may be)—\n\t(a)\twho is of Aboriginal or Torres Strait Islander descent; and\n\t(b)\twho—\n\t(i)\tidentifies as being of Aboriginal or Torres Strait Islander origin; or\n\t(ii)\tin the case of a young child, is regarded by at least 1 of the child's parents as being of Aboriginal or Torres Strait Islander origin,\nand is accepted as such by the community with which the person or child associates.\n\t(3)\tIf a man and woman are married according to Aboriginal or Torres Strait Islander tradition, they will be regarded as husband and wife for the purposes of this Act.\n7A—Minister to ensure consultation undertaken on operation of Act\nThe Minister must ensure that regular consultation is undertaken with representatives of organisations with a special interest in the adoption of children and any other interested persons in relation to the operation of this Act.\nPart 2—Adoption orders\nDivision 1—Powers of the Court\n8—General power of Court\n\t(1)\tSubject to any law of the Commonwealth, the Court has power to make an order for the adoption of a child—\n\t(a)\twho is less than 18 years of age on the date on which the application for the order is made; or\n\t(b)\twho is aged 18 years or more on that date.\n\t(2)\tThe Court cannot make an order for adoption except—\n\t(a)\tin relation to a child who is in the State; and\n\t(b)\tin favour of a person or persons who are resident or domiciled in the State.\n\t(3)\tIf in proceedings for an adoption order the necessary territorial nexus with the State is established as at the date of commencement of the proceedings or some other date following within 21 days of that date, it will be presumed that the nexus continues in the absence of proof to the contrary.\n8A—Court must consider opinion of child\n\t(1)\tBefore making an order for the adoption of a child of or over 5 years of age, the Court must interview the child to determine what the child's opinion is in relation to the proposed order (unless satisfied that the child is intellectually incapable of expressing an opinion).\n\t(2)\tAn interview under this section must not be conducted in the presence of any party to the adoption.\n\t(3)\tIn determining whether to make an order for adoption of a child the Court must take into account any opinion expressed by the child in an interview under this section.\n\t(4)\tThe Court may determine the weight to be given to an opinion expressed by a child in an interview under this section, taking into account the age of the child and any other factors the Court considers relevant.\n9—Effect of adoption order\n\t(1)\tSubject to this section, where an adoption order is made, the adopted child becomes in contemplation of law the child of the adoptive parents and ceases to be the child of any previous birth or adoptive parents.\n\t(2)\tIf an adoption order is made in favour of a person who is cohabiting with a birth or adoptive parent of the child in a qualifying relationship, the relationship of that parent to the child is not affected by the order.\n\t(3)\tWhere—\n\t(a)\tone of the birth or adoptive parents of a child dies; and\n\t(b)\tthe surviving parent cohabits with another person in a qualifying relationship; and\n\t(c)\tthe child is adopted by that other person,\nthe adoption does not exclude rights of inheritance from or through the deceased parent.\n\t(3a)\tThe making of an adoption order in relation to a child does not affect any vested or contingent proprietary right acquired by the child before the making of the adoption order.\n\t(4)\tWhere an order for the adoption of a child is made, any previous order for the adoption or guardianship of the child ceases to have effect.\n10—No adoption order in certain circumstances\n\t(1)\tThe Court will not make an adoption order in relation to a child who is less than 18 years of age unless satisfied that adoption is in the best interests of the child and, taking into account the rights and welfare of the child, clearly preferable to any alternative order that may be made under the laws of the State or the Commonwealth.\n\t(2)\tThe Court will not consider an application for adoption made by or on behalf of a person who is cohabiting with a birth or adoptive parent of a child who is less than 18 years of age in a qualifying relationship unless the Family Court of Australia has given that person leave to proceed with the application for adoption under section 60G of the Family Law Act 1975.\n10A—Adoption of child who has turned 18\n\t(1)\tThe Court will not make an adoption order in favour of a child who is aged 18 years or more on the date on which the application for the order is made unless the Court is satisfied—\n\t(a)\tthat a significant parent to child relationship existed between the prospective adoptive parent or parents and the child before the child attained the age of 18 years; and\n\t(b)\tthat the child appears to understand the consequences of adoption on the child's interests, rights and welfare.\n\t(2)\tIn determining whether a significant parent to child relationship existed for the purposes of subsection (1), the Court may take into account the following:\n\t(a)\twhether the child was cared for by the prospective adoptive parent or parents, or by the prospective adoptive parent and their deceased spouse or domestic partner, as their child prior to reaching the age of 18 years;\n\t(b)\twhether the child was, under the Children's Protection Act 1993, placed in the care of the prospective adoptive parent or parents, or the prospective adoptive parent and their deceased spouse or domestic partner, prior to reaching the age of 18 years.\n\t(3)\tIn proceedings for an adoption order relating to a child who is aged 18 years or more on the date on which the application for the order is made, a parent or guardian of the child, or any other person who has a proper interest in the application, may make submissions to the Court (either personally or through a representative).\n11—Adoption of Aboriginal or Torres Strait Islander child\n\t(1)\tThe Court will not make an adoption order in relation to an Aboriginal or Torres Strait Islander child unless satisfied that adoption is in the best interests of the child and, taking into account the rights and welfare of the child, clearly preferable to any alternative order that may be made under the laws of the State or the Commonwealth.\n\t(1a)\tThe Court must, before determining whether to make an order for the adoption of an Aboriginal or Torres Strait Islander child, consider—\n\t(a)\ta report from the Chief Executive setting out consultation that has occurred with a recognised Aboriginal organisation or recognised Torres Strait Islander organisation (as the case requires); and\n\t(b)\tany submissions made by or on behalf of a recognised Aboriginal or Torres Strait Islander organisation consulted in relation to the child.\n\t(1b)\tIn making an order for the adoption of an Aboriginal or Torres Strait Islander child, the Court must apply the Aboriginal and Torres Strait Islander Child Placement Principle.\n\t(2)\tSubject to subsection (3), an order for the adoption of an Aboriginal or Torres Strait Islander child will not be made except in favour of a member of the child's Aboriginal or Torres Strait Islander community who has the correct relationship with the child in accordance with Aboriginal or Torres Strait Islander customary law or, if there is no such person seeking to adopt the child, some other Aboriginal or Torres Strait Islander person.\n\t(3)\tAn order for the adoption of an Aboriginal or Torres Strait Islander child may be made in favour of a person who is not an Aboriginal or Torres Strait Islander person if the Court is satisfied—\n\t(a)\tthat there are special circumstances justifying the making of the order; and\n\t(b)\tthat the child's cultural identity with the Aboriginal or Torres Strait Islander people will not be lost in consequence of the adoption.\n\t(4)\tFor the purposes of this section, a recognised Aboriginal or Torres Strait Islander organisation is an organisation that the Minister, after consulting with—\n\t(a)\tthe Aboriginal community or a section of the Aboriginal community; or\n\t(b)\tthe Torres Strait Islander community or a section of the Torres Strait Islander community,\n(as the case requires) declares by notice in the Gazette to be a recognised Aboriginal organisation, or a recognised Torres Strait Islander organisation.\n12—Criteria affecting prospective adoptive parents\n\t(1)\tSubject to this section, an adoption order may only be made in favour of 2 persons if—\n\t(a)\tthey are in a qualifying relationship and have been living together continuously for at least the prescribed period (irrespective, in the case of married persons, of the date on which the marriage occurred) before the making of the order; or\n\t(b)\tthey are in a qualifying relationship and the Court is satisfied that there are special circumstances justifying the making of the order.\n\t(3)\tSubject to this section, an adoption order may only be made in favour of 1 person if—\n\t(a)\tthe person is in a qualifying relationship with a birth or adoptive parent of the child and—\n\t(i)\thas been living together with that parent continuously for at least the prescribed period (irrespective, in the case of married persons, of the date on which the marriage occurred) before the making of the order; or\n\t(ii)\tthe Court is satisfied that there are special circumstances justifying the making of the order; or\n\t(b)\tthe person is not in a qualifying relationship and the Court is satisfied that there are special circumstances justifying the making of the order.\n\t(4)\tWhere 2 persons are living together in a qualifying relationship, an adoption order will not be made except in favour of both or in the circumstances described in subsection (3)(a).\n\t(5)\tAn adoption order will not be made in favour of a person who is lawfully married but not cohabiting with his or her spouse unless the Court is satisfied, after interviewing the spouse of the person in private, that the spouse consents to the adoption.\n\t(6)\tIn this section—\nprescribed period means—\n\t(a)\tif the regulations prescribe a period—the period so prescribed; or\n\t(b)\tif no period is prescribed under paragraph (a)—5 years.\n14—Discharge of adoption orders\n\t(1)\tAn eligible person may apply to the Court for an order discharging an adoption order (a discharge order) on the grounds—\n\t(a)\tthat the adoption order or a consent for the purposes of the adoption order was obtained by fraud, duress or other improper means; or\n\t(b)\tthat it is in the best interests of the adopted person, taking into account the rights and welfare of the adopted person, for the discharge order to be made.\n\t(2)\tIf an application is made under subsection (1), the Court must, if satisfied that there may be grounds on which a discharge order may be made, direct that an investigation be made into the circumstances relating to the application.\n\t(3)\tThe Chief Executive and (if the Court so directs) a person nominated by the Attorney-General must conduct an investigation under subsection (2).\n\t(4)\tIf, after consideration of a report of an investigation carried out under subsection (3), the Court is satisfied that a discharge order should be made, the Court will make the discharge order, unless it appears to the Court that to do so would be prejudicial to the rights, welfare and interests of the adopted person.\n\t(5)\tIf the Court makes a discharge order under this section, any consent given under this Act for the purposes of the adoption of the person to whom the adoption order relates ceases to have effect, unless the Court otherwise orders.\n\t(6)\tThe Court may, on making a discharge order relating to an adopted person, make any consequential or ancillary orders considered necessary by the Court, taking into account the rights, welfare and interests of the adopted person, including orders relating to—\n\t(a)\tthe name of the person; and\n\t(b)\tthe ownership of property; and\n\t(c)\tthe care, control, custody or guardianship of the person; and\n\t(d)\tthe domicile of the person; and\n\t(e)\tany changes to be made by the Registrar to the entry in the register of births relating to the person.\n\t(7)\tSubject to any order under subsection (6), on the making of a discharge order, the rights, privileges, duties, liabilities, and relationships of the person to whom the adoption order relates and of all other persons will be the same as if the adoption order had not been made.\n\t(8)\tNothing in subsection (7) affects—\n\t(a)\tanything lawfully done; or\n\t(b)\tthe consequences of anything unlawfully done; or\n\t(c)\ta proprietary right or interest that became vested in a person,\nwhile the relevant adoption order was in force.\n\t(9)\tIn addition, nothing in subsection (7) affects the right of an adopted person in respect of whom a discharge order has been made to obtain information in accordance with Part 2A (as if the person were an adopted person).\n\t(10)\tIn this section—\nadoption order includes an adoption order made under the Adoption of Children Act 1966 or any corresponding previous enactment;\neligible person means any of the following persons:\n\t(a)\tthe adopted person to whom an adoption order relates;\n\t(b)\ta birth parent of the adopted person;\n\t(c)\tan adoptive parent of the adopted person;\n\t(d)\tthe Chief Executive.\nDivision 2—Consent to adoption\n15—Consent of parent or guardian\n\t(1)\tSubject to this section, an adoption order will not be made unless each person who is a parent or guardian of the child has consented to the adoption (whether the parent or guardian is present in Australia or not).\n\t(2)\tThe mother of a child cannot consent to the adoption of the child until 5 days after the birth of the child and, subject to subsection (3), a mother's consent given more than 5 but less than 14 days after the birth of the child will not be recognised as a valid consent to the child's adoption.\n\t(3)\tThe Court may recognise the validity of a consent of a mother given more than 5 but less than 14 days after the birth of the child, if satisfied—\n\t(a)\tthat there were special circumstances justifying the giving of consent less than 14 days after the birth of the child; and\n\t(b)\tthat the mother was able to exercise a rational judgment on the question of consent.\n\t(4)\tThe consent of a parent or guardian—\n\t(a)\tmay be in general terms, authorising the adoption of the child by any persons in whose favour an order may be made; or\n\t(b)\tmay be limited, authorising the adoption of the child—\n\t(i)\tby a relative of the child; or\n\t(ii)\tby a person who has been appointed a guardian of the child by a court; or\n\t(iii)\tby a person who is living together with a parent of the child in a qualifying relationship; or\n\t(iv)\tby a person in whose care the child has been placed by the Chief Executive, either solely or jointly with any other person.\n\t(5)\tThe consent of a parent or guardian—\n\t(a)\tmust be in writing; and\n\t(b)\tmust (except where the Minister or the Chief Executive is the guardian)—\n\t(i)\tbe witnessed in accordance with the regulations; and\n\t(ii)\tbe endorsed by a person authorised by the Chief Executive with a statement to the effect that the parent or guardian has been counselled by that person at least three days before the giving of consent and appears to understand the consequences of adoption and the procedures for revoking the consent; and\n\t(iii)\tif the parent or guardian is less than 16 years of age, be endorsed by at least 2 psychologists authorised by the Chief Executive with a statement from each psychologist to the effect that the parent or guardian has been counselled by the psychologist at least 3 days before the giving of consent and the psychologist is of the opinion that the parent or guardian appears to have a sufficient understanding of the consequences of adoption such that the parent or guardian is able to make a responsible decision in relation to the consent.\n\t(6)\tThe consent of a parent or guardian may be revoked by written notice of revocation served personally or by post on the Chief Executive within 25 days or, with the approval of the Chief Executive given within that period of 25 days, 39 days, of the date of the consent.\n\t(7)\tThe consent of the father of a child born outside lawful marriage is not required unless his paternity is recognised under the law of this State but if it appears to the Court that a particular person may be able to establish paternity of the child (not being a person whose paternity arises from unlawful sexual intercourse with the mother), the Court will not proceed to make an adoption order without allowing that person a reasonable opportunity to establish paternity.\n16—Consent of child\n\t(1)\tAn adoption order will not be made in relation to a child over the age of 12 years unless—\n\t(a)\tthe child has consented to the adoption; and\n\t(b)\t25 days have elapsed since the giving of consent; and\n\t(c)\tthe Court is satisfied, after interviewing the child in private, that the child's consent is genuine and the child does not wish to revoke it.\n\t(2)\tThe consent of a child—\n\t(a)\tmust be in writing; and\n\t(b)\tmust be witnessed in accordance with the regulations; and\n\t(c)\tmust be endorsed by an officer authorised by the Chief Executive to make such an endorsement with a statement to the effect that the child has been counselled by that person.\n17—Consent given under law of another jurisdiction\n\t(1)\tA consent to the adoption of a child given by a person in accordance with the law of another State or of a Territory of the Commonwealth will be regarded as a consent given by the person in accordance with this Act.\n\t(2)\tSubject to any law of the Commonwealth, the requirements of this Act relating to consent to adoption will be taken to have been complied with in relation to the adoption of a child from a Convention country if the laws of that country relating to consent to such an adoption have been complied with.\n18—Court may dispense with consents\n\t(1)\tThe Court may dispense with the consent of a person (other than the child) to an adoption where it appears to the Court—\n\t(a)\tthat the person cannot, after reasonable inquiry, be found or identified; or\n\t(b)\tthat the person is in such a physical or mental condition as not to be capable of properly considering the question of consent; or\n\t(c)\tthat the person has abandoned, deserted or persistently neglected or ill-treated the child; or\n\t(e)\tthat there are other circumstances by reason of which the consent may properly be dispensed with.\n\t(2)\tThe Court may dispense with the consent of a child to an adoption where it appears to the Court that the child is intellectually incapable of giving consent.\n\t(3)\tAn application may be made under this section by the Chief Executive or a party to the adoption (including the child).\n19—Order of Court dispensing with or recognising consent\n\t(1)\tIn order to facilitate arrangements for the adoption of a child, the Court may, on application by or on behalf of the Chief Executive, make an order dispensing with or recognising the validity of a consent under this Division before an application for an adoption order has been made and any such order has effect for the purposes of any application for an adoption order that may subsequently be made under this Act.\n\t(2)\tAn order made under subsection (1) may, on the application of the Chief Executive or of the person whose consent was in question, be revoked by the Court at any time before the making of an adoption order in respect of the child.\nDivision 3—Recognition of adoption orders\n20—Recognition of adoption under Australian law\nAn adoption order made (before or after the commencement of this Act) under an Australian law, but not under the law of the State, will be recognised under the law of the State as having the same effect as an adoption order under the law of the State.\n21—Recognition of adoption under foreign law\n\t(a1)\tSubject to any law of the Commonwealth, an adoption order made under the law of a Convention country will be recognised under the law of the State as having the same effect as an adoption order under the law of the State.\n\t(1)\tAn adoption order made (after the commencement of this Act) under the law of any other country outside Australia will be recognised under the law of the State as having the same effect as an adoption order under the law of the State if—\n\t(a)\tthe order was made in accordance with the law of that country; and\n\t(b)\twhen the order was made, each applicant was domiciled in that country or had been resident in that country for at least 12 months; and\n\t(c)\tthe circumstances in which the order was made would, if they had existed in this State, have constituted a sufficient basis for making an adoption order under this Act; and\n\t(d)\tthe proceedings in which the order was made involved no denial of natural justice or failure to observe the requirements of substantial justice.\n\t(2)\tThe Court may, on the application of an interested person, declare that an adoption order made under the law of a country outside Australia is or is not one that is to be recognised under the law of the State.\n\t(3)\tThe Attorney-General is entitled to intervene in any proceedings under subsection (2).\n\t(4)\tWhere immediately before the commencement of this Act an adoption order made under the law of a country outside Australia was recognised as having the same effect as an adoption order made in this State, the order continues to be so recognised.\nDivision 4—General provisions\n22—Court to consider report on suitability of adoptive parents\n\t(1)\tBefore making an order for the adoption of a child, the Court will consider any report prepared by or on behalf of the Chief Executive and submitted to the Court as to—\n\t(a)\twhere the Chief Executive is the guardian of the child under section 25—the circumstances of the child; and\n\t(b)\tin any case—the suitability of the prospective adoptive parents and their capacity to care adequately for the child.\n\t(2)\tSubject to subsection (3), a copy of a report prepared under subsection (1) will be made available to the prospective adoptive parents.\n\t(3)\tThe Court may order that the contents or part of the contents of a report prepared under subsection (1) be suppressed from disclosure to the prospective adoptive parents or any other person.\n\t(4)\tThe Court may require prospective adoptive parents to submit evidence, to the satisfaction of the Court, of their good health.\n23—Name of child\n\t(1)\tWhere the Court makes an order for the adoption of a child it may by the same or a subsequent order declare the name by which the child is to be known.\n\t(2)\tBefore making an order changing the name of a child, the Court should take into account any wishes expressed by the child on the subject.\n\t(3)\tThe Court will not—\n\t(a)\tin the case of a child who is over the age of 12 years—change the name of the child unless—\n\t(i)\tthe child consents to the change; or\n\t(ii)\tthe child is intellectually incapable of consenting; and\n\t(b)\tin all cases—change the first name of a child unless—\n\t(i)\tthe first name is offensive or unsuitable; or\n\t(ii)\tanother child of the adoptive parents has the same first name.\n\t(3a)\tIf the Court changes the first name of a child in accordance with subsection (3)(b), the Court should, so far as is reasonably practicable, seek to change the first name—\n\t(a)\tso that the child's second name becomes the first name of the child; or\n\t(b)\tto another name brought to the attention of the Court that is of significance to the child, taking into account the child's identity, language and cultural and (if relevant) religious ties.\n\t(4)\tAn order under this section does not prevent a subsequent change of name in accordance with the law of the State.\n24—Proceedings to be private etc\n\t(1)\tAn application for an adoption order will not be heard in an open court.\n\t(2)\tExcept as authorised by the Court, the records of proceedings for an adoption order will not be open to inspection.\n24A—Custody agreements\n\t(1)\tThe parents or guardians of a child who is less than 18 years of age who are considering having the child adopted and the Chief Executive may enter into an agreement (a custody agreement) under which the Chief Executive has custody of the child during the period of the agreement.\n\t(2)\tDespite subsection (1)—\n\t(a)\tif the whereabouts of a parent or guardian of a child cannot, after reasonable enquiries, be ascertained; or\n\t(b)\tif a parent or guardian of a child has failed to respond within a reasonable period of time to a request that the parent or guardian enter into a custody agreement; or\n\t(c)\tif it is not, in all the circumstances of the case, reasonably practicable to request a particular parent or guardian of a child to enter into a custody agreement,\nthe remaining parent or guardian, or parents or guardians, may enter into a custody agreement in respect of the child.\n\t(3)\tThe child may also be a party to a custody agreement if the Chief Executive considers it appropriate, having regard to the child's age and ability to understand the consequences of a custody agreement.\n\t(4)\tA custody agreement—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be terminated at any time—\n\t(i)\tby a child, parent or guardian who is a party to the agreement, by notice in writing to the Chief Executive; or\n\t(ii)\tby agreement between the parties to the agreement; and\n\t(c)\twill be taken to have been terminated on—\n\t(i)\tthe Chief Executive becoming the guardian of the child under section 25; or\n\t(ii)\tan adoption order being made in relation to the child; or\n\t(iii)\tan order being made under any other Act or law for the guardianship or custody of the child.\n\t(5)\tUnless the agreement is terminated under subsection (4), a custody agreement—\n\t(a)\thas effect for a period, not exceeding 6 months, specified in the agreement; and\n\t(b)\tmay, on its expiration, be extended by the parties to the agreement in accordance with this section, but not so that the agreement will operate for a total period of more than 1 year.\n25—Guardianship of child awaiting adoption\n\t(1)\tWhere—\n\t(a)\teach parent or guardian of a child has consented to the adoption of the child in general terms or such consent has been dispensed with; or\n\t(b)\tit is intended that an order for the adoption of a child be sought under this Act and arrangements are complete for the transfer of guardianship of the child from an officer of another State or a Territory of the Commonwealth whose functions correspond to those of the Chief Executive to the Chief Executive,\nthe Chief Executive is the guardian of the child, for all purposes except the giving of consent to the adoption of the child, to the exclusion of all other persons until—\n\t(c)\tan adoption order is made in respect of the child; or\n\t(d)\ta consent referred to in paragraph (a) is lawfully revoked; or\n\t(e)\tthe child is placed in the custody or under the guardianship of a person by order of a court; or\n\t(f)\tthe Chief Executive orders, in writing, that the child be placed in the custody of a parent of the child.\n\t(2)\tThe Chief Executive may, by agreement with some suitable person (including a parent of the child) and on such conditions as the Chief Executive considers appropriate, place a child of whom the Chief Executive is the guardian under this section in the care of that person.\n\t(3)\tThe fact that the Chief Executive is the guardian of a child under this section does not affect the liability of any person to maintain the child.\n\t(4)\tThis section does not apply to—\n\t(a)\ta child who is under the guardianship of the Minister; or\n\t(b)\ta child who is aged 18 years or more.\n26—Support in special cases\nWhere—\n\t(a)\ta child suffers from some physical or mental disability; or\n\t(b)\ta child, for some other reason, requires special care,\nthe Minister may enter into an arrangement with prospective adoptive parents to contribute to the support of the child after the making of an adoption order.\n26A—Arrangements between parties to adoption\n\t(1)\tIf a party to the adoption or proposed adoption of a child wishes to enter into an arrangement with another party to the adoption for the provision of information, contact or any other matters related to the welfare of the child, or to vary such an arrangement, the Chief Executive will endeavour to facilitate the making of the arrangement or variation.\n\t(2)\tFor the purposes of this section, the birth parents and the adoptive parents will be taken to be the parties to the adoption.\n\t(3)\tThe Chief Executive must ensure that the opinions of the child (so far as they are ascertainable) are taken into account in formulating any arrangement or variation under this section.\n\t(4)\tAn arrangement may not be entered into under this section in relation to an adopted child who has attained the age of 18 years and an arrangement relating to an adopted child will terminate on the child attaining the age of 18 years.\n\t(5)\tThe Chief Executive must ensure that an arrangement entered into under this section, or any variation to such an arrangement, is reduced to writing and that copies of the arrangement or variation are provided to the parties to the arrangement.\n\t(6)\tThe Chief Executive will maintain a register of arrangements entered into under this section.\n\t(7)\tAn arrangement entered into under this section is not enforceable in any court and breach of an arrangement or failure to enter into such an arrangement does not affect the validity of an adoption order or of any consent to an adoption.\n\t(8)\tThis section applies only in relation to children adopted after the commencement of this Act.\nPart 2A—Open adoptions\n27—Disclosure of information once adopted person turns 18\n\t(1)\tSubject to this Part, an adopted person who has attained the age of 18 years or, if the adopted person consents or is dead or cannot be located, a lineal descendant of the adopted person, may obtain—\n\t(a)\tthe names and dates of birth (if known) of the person's birth parents;\n\t(b)\tany other information in the possession of the Chief Executive relating to the birth parents and the circumstances of the adoption1;\n\t(c)\tany message, information or item given to the Chief Executive by a birth parent with instructions that it be provided to the adopted person;\n\t(d)\tinformation in the possession of the Chief Executive relating to a sibling (whether of the whole or half blood) of the person who has also been adopted and who has also attained the age of 18 years.\n\t(2)\tSubject to this Part, if an adopted person has attained the age of 18 years, a birth parent of the person or, if the birth parents consent or are dead or cannot be located, a person who would have been a relative of the person if the adoption order had not been made, may obtain—\n\t(a)\tthe names of the adoptive parents and the adopted person;\n\t(b)\tany other information in the possession of the Chief Executive relating to the adoptive parents and the adopted person;\n\t(c)\tany message, information or item given to the Chief Executive by an adopted person or adoptive parent with instructions that it be provided to the birth parent.\n\t(3)\tSubject to this Part, if an adopted person has attained the age of 18 years, an adoptive parent of the person may, with the consent of the adopted person, obtain—\n\t(a)\tany information in the possession of the Chief Executive relating to the adopted person's birth parents;\n\t(b)\tany message, information or item given to the Chief Executive by a birth parent with instructions that it be provided to the adoptive parents.\n\t(3a)\tSubject to this Part, if an adopted person's birth parent was also an adopted person and is dead or cannot be located, the adopted person may obtain—\n\t(a)\tthe names of the birth parent's birth parents (if known); and\n\t(b)\tany other information in the possession of the Chief Executive relating to the birth parent's birth parents.\n\t(4)\tIn providing information under this section the Chief Executive must not reveal the name of a person (other than a birth parent and any siblings of the whole or half blood of the adopted person who have attained the age of 18 years) who would have been a relative of the adopted person if the adoption order had not been made.\n\t(5)\tNothing in this section entitles a person to obtain information the disclosure of which the Chief Executive has determined, in his or her absolute discretion, would—\n\t(a)\tbe an unjustifiable intrusion on the privacy of the person to whom the information relates; or\n\t(b)\tgive rise to a serious risk to the life or safety of a person; or\n\t(c)\tin the case of information relating to a person adopted before 17 August 1989—not be in the best interests of the adopted person, taking into account the rights and welfare of the adopted person and any other prescribed matter.\n\t(6)\tThe Chief Executive must establish and maintain written guidelines regarding the exercise of the Chief Executive's discretion under subsection (5).\n\t(7)\tThe Chief Executive must give a copy of the guidelines, on request, to any person.\nNote—\n1\tSee also section 41 in relation to birth certificates.\n27A—Circumstances in which information will be provided earlier\nThe Chief Executive will disclose information to an adopted person or a birth parent before an entitlement to the information arises under section 27, if consent to the disclosure is given by—\n\t(a)\tin the case of disclosure to an adopted person—\n\t(i)\tthe adoptive parents; and\n\t(ii)\tif the name of a birth parent is to be disclosed—that parent; or\n\t(b)\tin the case of disclosure to a birth parent—\n\t(i)\tthe adoptive parents; and\n\t(ii)\tif the adopted person has attained the age of 12 years—the adopted person.\n27B—Limitation on obtaining information relating to adoption prior to commencement of Act in certain cases\n\t(1)\tAn old section 27B direction that is in effect immediately before the relevant day will, unless revoked earlier, continue to have effect until the expiry day.\n\t(2)\tSubject to this section, the Chief Executive must not disclose information in contravention of an old section 27B direction.\n\t(3)\tIf an adoptive parent lodged an old section 27B direction but no such direction was lodged by the adopted person before the relevant day, the adoptive parent's old section 27B direction does not operate to prevent the disclosure of information that is relevant to the welfare or whereabouts of the adopted person.\n\t(4)\tA person who lodged an old section 27B direction may, at any time before the expiry day, give the Chief Executive a written statement setting out the person's wishes in relation to contact by another party to the adoption.\n\t(5)\tThe Chief Executive must, as soon as is reasonably practicable after receiving a statement of wishes from a person, give a copy of the statement to the Registrar.\n\t(6)\tIf the Chief Executive discloses information under section 27 to a person who has given the Chief Executive a statement of wishes, the Chief Executive must ensure that a copy of the statement accompanies the information disclosed.\n\t(7)\tIn this section—\nexpiry day means the day that falls 5 years after the relevant day;\nold section 27B means section 27B of this Act as in force immediately before the relevant day;\nold section 27B direction means a direction lodged under subsection (1), (2) or (3) of old section 27B directing the Chief Executive not to disclose information in the Chief Executive's possession that would enable the person who lodged the direction to be traced continued in effect under this section;\nrelevant day means the day on which section 20 of the Adoption (Review) Amendment Act 2016 comes into operation.\n27C—Interviews\nThe Chief Executive may, before providing information to a person under this Part, invite the person to participate in an interview with a person authorised by the Chief Executive.\n27D—Minister's power to authorise disclosure\nDespite anything contained in this Part, the Minister may authorise disclosure of any information if the disclosure is necessary in the interests of the welfare of an adopted person.\n27E—Requirement for consent is waived on death\nA requirement under this Part that the consent of a person be obtained before information may be disclosed is waived on the death of that person.\nPart 3—Miscellaneous\n28—Certain agreements illegal\n\t(1)\tAn agreement under which a parent or guardian of a child receives any consideration (other than a consideration of a kind authorised by the Chief Executive) for a consent to the adoption of the child, is illegal and void.\n\t(2)\tA person who is a party to an agreement of a kind referred to in subsection (1) is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n29—Negotiation for adoption\n\t(1)\tSubject to this section, a person or organisation that conducts negotiations leading, or intended to lead, to the making of an adoption order is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tto negotiations conducted for no fee by, or on behalf of, a parent, guardian or relative of a child for an adoption order in favour of a relative of the child or a person who is living together with a parent of the child in a qualifying relationship; or\n\t(b)\tto negotiations conducted by a person or organisation approved by the Chief Executive.\n\t(3)\tAn approval under this section is subject to any prescribed conditions and any other conditions imposed by the Chief Executive.\n\t(4)\tThe Chief Executive may withdraw such an approval if the person or organisation—\n\t(a)\tbreaches a condition of the approval; or\n\t(b)\tacts improperly in the course of or in relation to the adoption or proposed adoption of a child.\n\t(4a)\tFor the purposes of subsection (4), an organisation will be taken to have acted improperly in the course of or in relation to an adoption or proposed adoption if a servant or agent of the organisation acts improperly in the course of or in relation to the adoption or proposed adoption.\n\t(5)\tAny fee paid for negotiations conducted in contravention of this section may be recovered as a debt.\n30—Enticing child away\nA person must not take or entice a child away from a person who is entitled to custody of the child in pursuance of an adoption order with intent to deprive that person of the child.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n31—Publication of names etc of persons involved in proceedings\n\t(1)\tA person who publishes or causes to be published—\n\t(a)\tthe name of a child, or material tending to identify a child, in relation to whom proceedings have been taken under this Act or any other Australian law that substantially corresponds to this Act;\n\t(b)\tthe name of a parent or guardian, or material tending to identify a parent or guardian, of a child in relation to whom proceedings have been taken under this Act or any other Australian law that substantially corresponds to this Act;\n\t(c)\tthe name of a party, or material tending to identify a party, to proceedings under this Act or any other Australian law that substantially corresponds to this Act,\nis guilty of an offence.\nMaximum penalty: $40 000 or imprisonment for 4 years.\n\t(2)\tThis section does not apply to the publication of a person's name or other material tending to identify a person if—\n\t(a)\twritten consent to the publication has been given by—\n\t(i)\tif the person is aged 18 years or more—that person; or\n\t(ii)\tif the person is less than 18 years of age and is not under the guardianship of the Chief Executive—each parent or guardian of the person; or\n\t(iii)\tif the person is less than 18 years of age and under the guardianship of the Chief Executive—the Chief Executive; or\n\t(b)\tthe publication has been authorised by the Court.\n32—Publication of certain material related to adoption\nA person who publishes or causes to be published material to the following effect—\n\t(a)\tthat a person desires to enter into negotiations with the parents or guardians of a child with a view to adoption of the child;\n\t(b)\tthat a person has a child that he or she desires to place with adoptive parents,\nis guilty of an offence.\nMaximum penalty: $40 000 or imprisonment for 4 years.\n33—False or misleading statements\nA person must not make a statement knowing it to be false or misleading in a material respect for the purposes of, or in connection with, a proposed adoption under this Act.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n34—Impersonation\nA person must not falsely represent himself or herself to be a person whose consent to the adoption of a child is required by this Act.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n35—Presenting forged consent\nA person must not present, or cause to be presented, in connection with an application for an adoption order a document purporting to be an instrument of consent to the adoption knowing that the signature to the document is or was forged or obtained by fraud, duress or other improper means.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n36—Confidentiality\nA person who is, or has been, engaged in duties related to the administration of this Act must not disclose information relating to an adopted person or the birth or adoptive parents of an adopted person obtained in the course of those duties except—\n\t(a)\tin the administration of this Act; or\n\t(b)\tas authorised or required by law; or\n\t(c)\twith the consent of the person to whom the information relates.\nMaximum penalty: $10 000.\n37—Offences\n\t(3)\tA prosecution for an offence against this Act will not be commenced without the consent of the Minister.\n\t(4)\tIn proceedings for an offence against this Act a document apparently signed by the Minister stating that the Minister consents to a particular prosecution will be accepted, in the absence of proof to the contrary, as proof of that consent.\n38—Age\nWhere the age of a person is material to proceedings under this Act and there is no certain evidence of age, a court may act on its own estimate of the age of that person.\n39—Intervention in proceedings\n\t(1)\tThe Chief Executive is entitled to intervene in any proceedings under this Act.\n\t(2)\tA court may order that any person who has, in the opinion of the court, a proper interest in proceedings under this Act be joined as a party to the proceedings.\n40—Costs\nIn proceedings under this Act, the Court may, subject to the regulations, make such orders as to costs and security for costs as it considers appropriate.\n40A—Notification of death of party to adoption\n\t(1)\tIf the Chief Executive is informed by the Registrar that an adopted person has died, the Chief Executive must, if the Chief Executive considers it appropriate to do so, take reasonable steps to inform—\n\t(a)\tthe adopted person's birth parents of the death; and\n\t(b)\teach person who would have been a sibling of the adopted person (whether of the whole or half blood) if the adoption order had not been made.\n\t(2)\tIf the Chief Executive receives information that a birth parent of an adopted person has died, the Chief Executive must, if the Chief Executive considers it appropriate to do so, take reasonable steps to inform the adopted person.\n\t(3)\tIf the Chief Executive informs—\n\t(a)\tthe birth parents of an adopted person of the adopted person's death; or\n\t(b)\tan adopted person of the death of a birth parent of the adopted person,\nthe fact that a direction lodged under section 27B by the deceased adopted person or birth parent (as the case may be) was in effect at the time of death does not prevent the Chief Executive from—\n\t(c)\tin the case of a deceased adopted person—disclosing to the birth parents information in the Chief Executive's possession relating to the adopted person; or\n\t(d)\tin the case of a deceased birth parent—disclosing to the adopted person information in the Chief Executive's possession relating to the birth parent.\n41—Registration\n\t(1)\tThe Registrar must, on receipt of notice of the adoption of a child—\n\t(a)\tif the child's birth is registered in this State—add a note to the entry in the register relating to the child containing the names of the persons who are in contemplation of law the parents of the child following the adoption; or\n\t(b)\tin any other case—make an entry containing—\n\t(i)\ta statement of the date and place of birth of the child; and\n\t(ii)\tthe names of—\n\t(A)\tthe birth parents of the child (if known); and\n\t(B)\tthe persons who are in contemplation of law the parents of the child following the adoption.\n\t(2)\tSubject to this section, the Registrar must not allow any person access to information contained in an entry in the register of births relating to an adopted person who is less than 18 years of age.\n\t(3)\tIf the parties to an adoption agree (whether at the time of the making of the adoption order or at a later date) that information in an entry in the register of births (including a cancelled entry) relating to an adopted person may be accessed before the adopted person turns 18, the parties may give the Chief Executive a notice indicating such agreement (a consent notice).\n\t(4)\tThe Registrar may—\n\t(a)\tif the Chief Executive has given the Registrar a consent notice, allow a party to an adoption access to information contained in the entry in the register of births relating to an adopted person who is less than 18 years of age (including a cancelled entry); or\n\t(b)\tif the Registrar has not been given a consent notice—\n\t(i)\tallow access by the adopted person or the adoptive parents to the information contained in the entry other than—\n\t(A)\tinformation in a cancelled entry; or\n\t(B)\twithout limiting subsubparagraph (A), information relating to the birth parents or the name of the adopted person before the adoption; and\n\t(ii)\tallow access by the birth parents to the following information contained in the entry (whether or not the information is contained in a cancelled entry):\n\t(A)\tthe names of the birth parents;\n\t(B)\tthe name of the adopted person before the adoption;\n\t(C)\tthe statement of the date and place of birth of the adopted person.\n\t(5)\tA consent notice—\n\t(a)\thas effect until the adopted person attains the age of 18 years, unless revoked before that date; and\n\t(b)\tmay be revoked at any time by any party to the adoption; and\n\t(c)\tmust be given or revoked in a manner and form approved by the Chief Executive.\n\t(6)\tSubject to section 41A, the Registrar—\n\t(a)\tmay allow any person access to information relating to an adopted person who is aged 18 years or more contained in an entry (other than a cancelled entry) in the register of births; or\n\t(b)\tin the case of any such information in a cancelled entry—may allow access to the information—\n\t(i)\tby the adopted person or a birth parent of the adopted person; or\n\t(ii)\tby any other person on the authorisation of the Chief Executive.\n\t(7)\tThe Chief Executive must not give an authorisation under subsection (6)(b)(ii) if the Chief Executive is of the opinion that to do so would give rise to a serious risk to the life or safety of a person.\n\t(8)\tIf the Registrar—\n\t(a)\treceives from the Chief Executive a statement of wishes; and\n\t(b)\tallows access to information relating to the person who gave the statement of wishes to the Chief Executive,\nthe Registrar must ensure that, at the time of allowing access, the statement of wishes is given to the person to whom access is allowed.\n\t(9)\tIn this section—\ncancelled entry means any entry formerly made in the register of births relating to an adopted person that was cancelled by the Registrar before the relevant day;\nrelevant day means the day on which section 31 of the Adoption (Review) Amendment Act 2016 comes into operation.\n41A—Limitation on accessing information on register relating to person adopted prior to commencement of Act in certain cases\n\t(1)\tAn old section 41 direction that is in effect immediately before the relevant day will, unless revoked earlier, continue to have effect until the expiry day.\n\t(2)\tThe Chief Executive must not, in contravention of an old section 41 direction, authorise the Registrar to allow access to the following information in the register of births by a person who was adopted before 17 August 1989:\n\t(a)\tinformation contained in an entry cancelled under subsection (1) of old section 41;\n\t(b)\tinformation in an entry relating to a person who was adopted before 17 August 1989.\n\t(3)\tThe Registrar must not, except on the authorisation of the Chief Executive, allow any person access to the following information contained in the register of births relating to an adopted person:\n\t(a)\tinformation in an entry cancelled under subsection (1) of old section 41;\n\t(b)\tinformation in an entry relating to a person who was adopted before 17 August 1989.\n\t(4)\tDespite subsection (3), the Registrar may, without the authorisation of the Chief Executive, allow access to information contained in an entry in the register of births cancelled under subsection (1) of old section 41 relating to an adopted person—\n\t(a)\tif the adopted person is aged 18 years or more—by the adopted person; or\n\t(b)\tby a birth parent of the adopted person.\n\t(5)\tIn this section—\nexpiry day means the day that falls 5 years after the relevant day;\nold section 41 means section 41 of this Act as in force immediately before the relevant day;\nold section 41 direction means a direction under subsection (5) of old section 41 that the Chief Executive must not authorise access to information by a person who was adopted before 17 August 1989 continued in effect under this section;\nrelevant day means the day on which section 31 of the Adoption (Review) Amendment Act 2016 comes into operation.\n\t(6)\tThis section expires on the expiry day.\nNote—\nThe Adoption Act 1988 came into operation on 17 August 1989.\nEditorial note—\nSection 41A has expired.\n42—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tIn particular, the regulations may prescribe or make provision for—\n\t(a)\tmatters of practice, procedure or evidence in or in connection with proceedings under this Act; and\n\t(b)\tthe forms to be used for the purposes of this Act; and\n\t(c)\tfees to be paid in respect of any matter under this Act, and the waiving of any such fees; and\n\t(d)\tthe keeping of registers of adoptions and the regulation of access to those registers; and\n\t(e)\tthe practice and procedure to be followed in obtaining and giving notice of any consent required for the purposes of this Act; and\n\t(f)\tcounselling in relation to adoption; and\n\t(g)\tthe payment of witnesses' expenses in connection with proceedings under this Act; and\n\t(h)\tthe criteria on which the eligibility of persons for approval by the Chief Executive as suitable persons to adopt children will be determined; and\n\t(i)\tthe—\n\t(i)\tkeeping of registers of persons approved by the Chief Executive as suitable persons to adopt children; and\n\t(ii)\torder in which persons whose names are included in a register may be selected to be applicants for adoption orders; and\n\t(iii)\tremoval of names from a register; and\n\t(j)\tthe vesting of jurisdiction in the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013 to review—\n\t(i)\tany decision of the Chief Executive refusing to approve a person as being a suitable person to adopt children; or\n\t(ii)\tany decision by the Chief Executive to remove the name of a person from the register of persons whom he or she has approved as suitable persons to adopt children; or\n\t(iii)\tany other decision of the Chief Executive under this Act of a kind specified in the regulations; and\n\t(l)\tfines not exceeding $10 000 for contravention of, or non-compliance with, a regulation.\n\t(3)\tThe regulations may confer discretionary powers.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Adoption Act 1988 repealed the following:\nAdoption of Children Act 1967\nLegislation amended by principal Act\nThe Adoption Act 1988 amended the following:\nChildren's Protection and Young Offenders Act 1979\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1988\n90\n Adoption Act 1988\n1.12.1988\n17.8.1989 (Gazette 17.8.1989 p566)\n1993\n59\n Mental Health Act 1993\n27.5.1993\n6.3.1995 (Gazette 2.3.1995 p734)\n1996\n83\n Adoption (Miscellaneous) Amendment Act 1996\n12.12.1996\n5.10.1997 (Gazette 11.9.1997 p702)\n2005\n56\n Justices of the Peace Act 2005\n17.11.2005\nSch 2 (cll 5 & 6)—1.7.2006 (Gazette 22.6.2006 p2012)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 10 (s 21)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n28\n Adoption (Consent to Publication) Amendment Act 2013\n11.7.2013\n11.7.2013\n2016\n32\n Statutes Amendment (Youth Court) Act 2016\n30.6.2016\nPt 4 (s 19)—1.1.2017 (Gazette 8.12.2016 p4903)\n2016\n64\n Adoption (Review) Amendment Act 2016\n15.12.2016\n17.2.2017 (Gazette 16.2.2017 p548) except s 3(1), (2) (as inserted by s 4), psychologist, publish (as inserted by s 5(6)), ss 5(7), (10), 6, 9(1), 14(3), 15, 17, 19 to 22, 23(1), 24 to 29—18.12.2017 (Gazette 21.11.2017 p4652) and except ss 3(3) (as inserted by s 4), 5(1), (2), (4), party to an adoption, Registrar (as inserted by s 5(6)), (8), (9), 7, 9(2), 10, 11, 13, 16, 18, 30 & 31—15.12.2018 (s 7(5) Acts Interpretation Act 1915)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 2 (ss 4 & 5)—5.7.2018 (Gazette 28.6.2018 p2618)\n2025\n25\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cl 1)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 83/1996 s 27 (Sch)\n5.10.1997\nPt 1\n\n\nPt 1 Div 1 heading\ndeleted by 83/1996 s 3\n5.10.1997\nss 2 and 3\ndeleted by 83/1996 s 27 (Sch)\n5.10.1997\ns 3\n\n\ns 3(1) and (2)\ninserted by 64/2016 s 4\n18.12.2017\ns 3(3)\ninserted by 64/2016 s 4\n15.12.2018\ns 4\n\n\ns 4(1)\n\n\nAboriginal and Torres Strait Islander Child Placement Principle\ninserted by 64/2016 s 5(1)\n15.12.2018\nadoptive parent\ninserted by 83/1996 s 4(a)\n5.10.1997\nbirth parent\ninserted by 83/1996 s 4(b)\n5.10.1997\nChief Executive\ninserted by 83/1996 s 4(b)\n5.10.1997\n\nsubstituted by 84/2009 s 21\n1.2.2010\nchild\nsubstituted by 64/2016 s 5(2)\n15.12.2018\nthe Convention\ninserted by 83/1996 s 4(c)\n5.10.1997\nConvention country\ninserted by 83/1996 s 4(c)\n5.10.1997\nthe Court\namended by 83/1996 s 4(d)\n5.10.1997\n\namended by 56/2005 Sch 2 cl 5(1)\n1.7.2006\nthe Director-General\ndeleted by 83/1996 s 4(e)\n5.10.1997\ndomestic partner\ninserted by 64/2016 s 5(3)\n17.2.2017\nFamily Law Act 1975\ninserted by 83/1996 s 4(e)\n5.10.1997\nguardian\nsubstituted by 83/1996 s 4(f)\n5.10.1997\n\namended by 64/2016 s 5(4)\n15.12.2018\nmarriage relationship\ndeleted by 64/2016 s 5(5)\n17.2.2017\nparty to an adoption\ninserted by 64/2016 s 5(6)\n15.12.2018\npsychologist\ninserted by 64/2016 s 5(6)\n18.12.2017\npublish\ninserted by 64/2016 s 5(6)\n18.12.2017\nqualifying relationship\ninserted by 64/2016 s 5(6)\n17.2.2017\nRegistrar\ninserted by 64/2016 s 5(6)\n15.12.2018\nstatement of wishes\ninserted by 64/2016 s 5(7)\n18.12.2017\ns 4(1a)\ninserted by 56/2005 Sch 2 cl 5(2)\n1.7.2006\n\namended by 32/2016 s 19(1)\n1.1.2017\ns 4(1b)\ninserted by 56/2005 Sch 2 cl 5(2)\n1.7.2006\n\ndeleted by 32/2016 s 19(2)\n1.1.2017\ns 4(2)\nsubstituted by 64/2016 s 5(8)\n15.12.2018\ns 4(3)\namended by 64/2016 s 5(9)\n15.12.2018\ns 4(4)\ndeleted by 64/2016 s 5(10)\n18.12.2017\nPt 1 Div 2\ndeleted by 83/1996 s 5\n5.10.1997\nPt 1 Div 3\nheading deleted by 83/1996 s 6\n5.10.1997\ns 7\ndeleted by 64/2016 s 6\n18.12.2017\ns 7A\ninserted by 83/1996 s 7\n5.10.1997\nPt 2\n\n\ns 8\n\n\ns 8(1)\namended by 83/1996 s 8\n5.10.1997\n\namended by 64/2016 s 7\n15.12.2018\ns 8A\ninserted by 83/1996 s 9\n5.10.1997\ns 9\n\n\ns 9(1)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 9(2) and (3)\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 8\n17.2.2017\ns 9(3a)\ninserted by 83/1996 s 10\n5.10.1997\ns 10\n\n\ns 10(1)\ns 10 amended and redesignated as s 10(1) by 83/1996 ss 11, 27 (Sch)\n5.10.1997\n\nsubstituted by 64/2016 s 9(1)\n18.12.2017\ns 10(2)\ninserted by 83/1996 s 11(b)\n5.10.1997\n\namended by 64/2016 s 9(3)\n17.2.2017\n\namended by 64/2016 s 9(2)\n15.12.2018\ns 10A\ninserted by 64/2016 s 10\n15.12.2018\ns 11\n\n\ns 11(1)\namended by 83/1996 s 12\n5.10.1997\n\nsubstituted by 64/2016 s 11(1)\n15.12.2018\ns 11(1a) and (1b)\ninserted by 64/2016 s 11(1)\n15.12.2018\ns 11(2) and (3)\namended by 64/2016 s 11(2)\n15.12.2018\ns 11(4)\ninserted by 64/2016 s 11(3)\n15.12.2018\ns 12\n\n\ns 12(1)\namended by 83/1996 s 13(a)\n5.10.1997\n\nsubstituted by 64/2016 s 12(1)\n17.2.2017\ns 12(2)\namended by 83/1996 s 13(b)\n5.10.1997\n\ndeleted by 64/2016 s 12(1)\n17.2.2017\ns 12(3)\namended by 83/1996 ss 13(c), 27 (Sch)\n5.10.1997\n\nsubstituted by 64/2016 s 12(2)\n17.2.2017\ns 12(4)\namended by 64/2016 s 12(3)\n17.2.2017\ns 12(6)\ninserted by 64/2016 s 12(4)\n17.2.2017\ns 13\ndeleted by 83/1996 s 14\n5.10.1997\ns 14 before substitution by 64/2016\n\n\ns 14(1)\namended by 83/1996 s 15(a)\n5.10.1997\ns 14(2)\namended by 83/1996 s 15(b)\n5.10.1997\ns 14\nsubstituted by 64/2016 s 13\n15.12.2018\n s 15\n\n\ns 15(1)\namended by 83/1996 s 16(a)\n5.10.1997\ns 15(4)\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 14(1), (2)\n17.2.2017\ns 15(5)\namended by 83/1996 s 16(b)\n5.10.1997\n\n(c) deleted by 83/1996 s 16(b)\n5.10.1997\n\namended by 64/2016 s 14(3)\n18.12.2017\ns 15(6)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 15(8)\ndeleted by 83/1996 s 16(c)\n5.10.1997\ns 16\n\n\ns 16(2)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 17\n\n\ns 17(1)\ns 17 redesignated as s 17(1) by 83/1996 s 17\n5.10.1997\ns 17(2)\ninserted by 83/1996 s 17\n5.10.1997\ns 18\n\n\ns 18(1)\n(d) deleted by 64/2016 s 15\n18.12.2017\ns 18(3)\ninserted by 83/1996 s 18\n5.10.1997\ns 19\n\n\ns 19(1) and (2)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 21\n\n\ns 21(a1)\ninserted by 83/1996 s 19(a)\n5.10.1997\ns 21(1)\namended by 83/1996 s 19(b)\n5.10.1997\ns 21(2)\namended by 83/1996 s 19(c)\n5.10.1997\n s 22\n\n\ns 22(1)\namended by 83/1996 ss 20, 27 (Sch)\n5.10.1997\ns 23\n\n\ns 23(3)\nsubstituted by 64/2016 s 16\n15.12.2018\ns 23(3a)\ninserted by 64/2016 s 16\n15.12.2018\ns 24A\ninserted by 64/2016 s 17\n18.12.2017\ns 25\n\n\ns 25(1)\namended by 83/1996 ss 21(a), 27 (Sch)\n5.10.1997\ns 25(2)\namended by 83/1996 ss 21(b), 27 (Sch)\n5.10.1997\ns 25(3)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 25(4)\ninserted by 83/1996 s 21(c)\n5.10.1997\n\nsubstituted by 64/2016 s 18\n15.12.2018\ns 26A\ninserted by 83/1996 s 22\n5.10.1997\ns 27\namended by 59/1993 Sch cl 2\n6.3.1995\n\ndeleted by 83/1996 s 23\n5.10.1997\nPt 2A\ninserted by 83/1996 s 23\n5.10.1997\ns 27\n\n\ns 27(3a)\ninserted by 64/2016 s 19(1)\n18.12.2017\ns 27(5)\namended by 64/2016 s 19(2)\n18.12.2017\ns 27B\nsubstituted by 64/2016 s 20\n18.12.2017\ns 27C\namended by 64/2016 s 21\n18.12.2017\nPt 3\n\n\ns 28\n\n\ns 28(1)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 28(2)\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 22\n18.12.2017\ns 29\n\n\ns 29(1)\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 23(1)\n18.12.2017\ns 29(2)\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 23(2), (3)\n17.2.2017\ns 29(3)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 29(4)\namended by 83/1996 ss 24(a), 27 (Sch)\n5.10.1997\ns 29(4a)\ninserted by 83/1996 s 24(b)\n5.10.1997\ns 30\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 24\n18.12.2017\ns 31\n\n\ns 31(1)\namended by 83/1996 ss 25, 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 25(1), (2)\n18.12.2017\ns 31(2)\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\nsubstituted by 28/2013 s 3\n11.7.2013\n\namended by 64/2016 s 25(3)—(6)\n18.12.2017\ns 32\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 26(1), (2)\n18.12.2017\ns 33\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 27\n18.12.2017\ns 34\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 28\n18.12.2017\ns 35\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 29\n18.12.2017\ns 36\namended by 83/1996 ss 26, 27 (Sch)\n5.10.1997\ns 37\n\n\ns 37(1) and (2)\ndeleted by 83/1996 s 27 (Sch)\n5.10.1997\ns 39\n\n\ns 39(1)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 40A\ninserted by 64/2016 s 30\n15.12.2018\ns 41 before substitution by 64/2016\n\n\ns 41(1)—(7)\namended by 83/1996 s 27 (Sch)\n5.10.1997\ns 41\nsubstituted by 64/2016 s 31\n15.12.2018\ns 41A\ninserted by 64/2016 s 31\n15.12.2018\n\nexpired: s 41A(6)\n(15.12.2023)\ns 42\n\n\ns 42(2)\namended by 83/1996 s 27 (Sch)\n5.10.1997\n\namended by 64/2016 s 32(1), (2)\n17.2.2017\n\namended by 51/2017 s 4(1)\n5.7.2018\n\n(k) deleted by 51/2017 s 4(2)\n5.7.2018\nSch\ndeleted by 83/1996 s 27 (Sch)\n5.10.1997\nTransitional etc provisions associated with Act or amendments\nJustices of the Peace Act 2005, Sch 2\n6—Transitional provision\nAn amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the Adoption Act 1988 does not apply in respect of proceedings commenced before the commencement of the amending provision (and those proceedings may continue as if the amending provision had not been enacted).\nStatutes Amendment (SACAT No 2) Act 2017, Pt 2\n5—Transitional provisions\n\t(1)\tAny review of a decision of the Chief Executive under a scheme established by the regulations under section 42(2)(j) and (k) of the principal Act (as in existence immediately before the relevant day) initiated under those regulations before the relevant day will continue (including so as to provide for the constitution of an adoption board) and be completed as if this Act had not been enacted.\n\t(2)\tIn this section—\nprincipal Act means the Adoption Act 1988;\nrelevant day means the day on which this Part comes into operation.\nHistorical versions\nReprint No 1—6.3.1995\n\nReprint No 2—5.10.1997\n\n1.7.2006\n\n1.2.2010\n\n11.7.2013\n\n1.1.2017\n\n17.2.2017\n\n18.12.2017\n\n5.7.2018\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has evolved from its original 1988 text through multiple amendments that expanded administrative roles, information-access rules and cultural safeguards. Substantive changes in the source text include: the insertion of an \"open adoption\" information regime (Part 2A: ss27–27E) giving adopted persons statutory access to identifying and other records at age 18; formal adoption-record and disclosure rules and transitional limits for older adoptions (ss27B, 41A); explicit incorporation of the Aboriginal and Torres Strait Islander Child Placement Principle and mandatory consultation requirements before orders involving Aboriginal or Torres Strait Islander children (s3(3), s11(1a)–(1b)); tightened and more detailed consent formalities (ss15–16) and new procedural protections such as mandatory counselling endorsements (s15(5)); expanded recognition provisions for inter-jurisdictional and convention-country adoptions (ss20–21); and a regulatory/approval regime restricting paid negotiation to Chief Executive‑approved organisations (s29).  These changes reallocated decision-making power toward administrative actors (Chief Executive, Registrar and the Court) and introduced new balancing duties between openness, privacy and cultural protections (notably ss27(5)–(7), s11)."},"complexity_factors":["Multiple decision-makers with overlapping roles (Youth Court, Chief Executive, Minister, Registrar) increasing procedural complexity (ss8, 25, 27, 37(3), 41).","Detailed, interlocking consent requirements and waiting/revocation periods that vary by actor and age (ss15–16).","Significant administrative discretion on disclosure of adoption information balanced by prescribed guideline duties (s27(5)–(7)).","Distinct rules and extra procedures for Aboriginal and Torres Strait Islander children, requiring consultation and application of placement principle (s11; s3(3)).","Recognition of out-of-state and overseas adoption orders with conditional tests and possible court declarations (ss20–21).","Criminal offences, approvals and regulation mechanisms creating compliance, enforcement and approval workflows (ss28–36, s29(2)–(4), s42).","Cross-references to regulations and prior/amending instruments that change default periods and procedures (s12 prescribed period; legislative history shows multiple amendments)."],"plain_english_summary":"# What the Act does (mechanical changes first)\n\n- Establishes who may make adoption orders and how (the Youth Court: \"the Court\") and sets the main powers for adoption applications (s8).  The Court may make adoption orders for persons under 18 and in specified cases for adults (s8, s10A).  The Court must interview children aged 5 and over and may give weight to their opinions (s8A).\n\n- Sets out detailed consent rules: who must consent, timing and form of consent (including counselling and witnessing requirements), revocation periods and when the Court can dispense with consents (ss15–19).  A child's consent is required if over 12 (s16).\n\n- Defines how adoption orders affect legal parentage, names and property rights, and how previous orders are displaced (s9).  It provides for discharge (set-aside) of adoption orders on specified grounds and the procedures for investigation and consequences (s14).\n\n- Establishes criteria for prospective adoptive parents, including rules about \"qualifying relationships\" and a prescribed cohabitation period (default 5 years unless regulations set another period) and related exceptions (s12).\n\n- Recognises adoption orders from other Australian jurisdictions and from foreign countries in specified circumstances (ss20–21).\n\n- Gives the Chief Executive administrative roles: guardian of a child awaiting adoption in certain circumstances (s25), preparing reports on suitability of adoptive parents (s22), keeping registers and facilitating arrangements between parties (ss26A, 41), and exercising limited discretion on disclosure of adoption information (Part 2A, especially s27 and s27(5)).  The Chief Executive must establish written guidelines about disclosure discretion (s27(6)).\n\n- Creates a scheme for \"open adoptions\": adopted adults (and in narrow cases others) can obtain identifying and other adoption-related information from the Chief Executive once the adopted person is 18 (Part 2A, ss27–27E).  There are limited early-disclosure routes by consent (s27A) and statutory limits for information relating to adoptions before certain dates (s27B).\n\n- Controls who may negotiate adoptions (bans unauthorised paid intermediaries unless approved by the Chief Executive) and criminalises specified conduct (ss28–36).  The Act limits publication of names and identifying material about people involved in adoption proceedings (s31) and forbids advertising to solicit adoptions (s32).\n\n- Provides regulation-making powers and a list of matters for regulations (s42).  The Minister must ensure consultation about the operation of the Act (s7A).\n\n\n# Who is affected\n\n- Children (including those who are or may be adopted) — procedures require the Court to consider their views, to protect welfare and to limit disclosure of identifying information (s3, s8A, Part 2A).\n- Prospective adoptive parents — eligibility, evidence, screening reports and possible interviews are required; restrictions on who may adopt (s12, s22, s23).\n- Birth parents and guardians — consent formalities, counselling, revocation rights and limited information access (ss15–17, Part 2A).\n- The Chief Executive and the Registrar — administrative burdens: guardianship before adoption, reports to Court, registers, information disclosure decisions and guidelines, custody agreements and arranging contact (ss22, 25, 26A, 27, 41).\n- The Youth Court — gatekeeper for orders, interviews, discretionary suppression of reports and consideration of best interests (ss8, 8A, 22(3), 10).\n- Recognised Aboriginal and Torres Strait Islander organisations — consulted where an Aboriginal or Torres Strait Islander child is involved; the Court must apply the Aboriginal and Torres Strait Islander Child Placement Principle (s11; s3(3)).\n- Approved adoption organisations and any person the Chief Executive authorises to negotiate adoptions (s29).\n\n\n# Why the Act matters (official purpose-claims and mechanical testing)\n\nOfficially (set out in s3), the Act aims to make the child's best interests and welfare paramount; to treat adoption as a service for the child; to encourage openness and access to birth/cultural information; to recognise inter-jurisdictional adoptions; and to implement Australia's treaty obligations.\n\nMechanically, these aims are implemented through rules that create: (a) Court-centred decision-making with child participation (s8A), (b) formal consent, counselling and timing safeguards for parents and children (ss15–16), (c) statutory rights of adopted adults to obtain information (Part 2A), and (d) recognition processes for out-of-state and overseas orders (ss20–21).  The Act also builds administrative control into the Chief Executive's role (s25, s27, s41) and reserves criminal sanctions for commercial or improper behaviour (ss28–36).\n\nTesting those purpose-claims against trade-offs, incentives and costs (source-grounded):\n\n- Administrative discretion and implementation risk: The Chief Executive has discretion to withhold information where disclosure would be an unjustifiable intrusion or a safety risk (s27(5)), and must adopt guidelines (s27(6)).  That discretion reduces automatic openness but requires administrative decision-making and record-keeping (costs and consistency risks).\n\n- Compliance burden on private parties: Consent rules require written forms, witnessing, endorsement of counselling and specified waiting periods with statutory revocation windows (ss15(5)–(6), s16(1)(b)).  Prospective adoptive parents may need to provide health evidence and be subject to suitability reports (s22(4), s22(1)(b)).  Those requirements impose time and cost on individuals seeking to adopt.\n\n- Concentrated regulatory control and approval incentives: The Act bans paid negotiation unless an organisation is approved by the Chief Executive (s29(1)–(3)).  Approval is conditional and revocable (s29(3)–(4)), which creates an incentive for intermediaries to seek formal approval and for approved organisations to capture the limited market for paid services.  That regulatory gate creates both an enforcement burden and a barrier to private intermediaries.\n\n- Limits on private contract enforcement: Arrangements between parties (contact or information-sharing) are explicitly not enforceable in court (s26A(7)), making these agreements voluntary and administratively facilitated rather than judicially enforceable.\n\n- Procedural protection for Aboriginal and Torres Strait Islander children: The Court must consider consultation reports and submissions from recognised Aboriginal or Torres Strait Islander organisations and apply the placement principle before making an adoption order involving such a child (s11(1a), s11(1b), s3(3)).  That imposes extra procedural steps and consultation costs but also creates statutory constraints on placements.\n\n- Criminal deterrents and centralised prosecutorial decision: Offences for illegal agreements, unauthorised negotiation, publication and fraudulent consents carry significant penalties (ss28–36).  Prosecutions require the Minister's consent (s37(3)), which centralises initiation of prosecutions and may affect enforcement patterns.\n\n- Recognition of overseas adoptions is conditional and reviewable: Recognition of foreign orders depends on domicile/residency, procedural fairness in the foreign proceedings and whether circumstances match the State's grounds for adoption (s21(1)).  The Court may declare whether an overseas order is recognisable and the Attorney-General may intervene (s21(2)–(3)), producing litigation risk and potential legal costs.\n\n\n# Who pays, who decides, and key behavioural effects (with section citations)\n\n- Who pays: Individuals (birth parents, adoptive parents, adopted persons) bear direct compliance costs: counselling, waiting periods, medical evidence and possible legal costs in court (ss15(5), 16(1), 22(4), 40).  The Chief Executive and Minister carry administrative costs of investigations, reports, registers and guidelines (ss14(3), 22(1), 26A(6), 27(6), 41).  Approved organisations incur costs to meet conditions for approval and ongoing compliance (s29(3)–(4)).\n\n- Who decides: The Youth Court makes adoption and ancillary orders (s8). The Chief Executive exercises administrative decisions over custody before adoption, information disclosure and approvals (ss25, 27, 29). The Minister has consultative and authorising roles (s7A, s27D) and must consent to prosecutions (s37(3)).\n\n- Behavioural changes the law encourages or restricts: it channels adoption through the Court and the Chief Executive (s8, s25); discourages private paid intermediaries unless approved (s29); encourages recorded, counsellled consent and delay to allow revocation (s15(5)–(6)); limits enforceability of private contact arrangements (s26A(7)); restricts publication of identities connected to adoption proceedings (s31), and establishes a default route for adopted adults to access birth information at 18 (s27).\n\n\n# Implementation risks and trade-offs summarised\n\n- Discretion vs predictability: Chief Executive discretion over disclosure (s27(5)–(6)) and approval of negotiating organisations (s29(3)) increases administrative decision-making and risks inconsistent outcomes without strong procedural safeguards.\n\n- Protection vs administrative cost: Child-centred safeguards (interviews s8A; counselling s15(5); Aboriginal placement consultations s11(1a)) support procedural protection but add time, record-keeping and resource costs for the public service and parties.\n\n- Regulated intermediaries and black‑market risk: Banning unauthorised paid intermediaries (s29(1)) concentrates negotiation through approved channels; enforcement may impose prosecutorial and compliance costs and could incentivise unregulated conduct.\n\n- Information openness vs privacy/safety: Part 2A (ss27–27E) opens access to adoption records for adopted adults, but section 27(5) preserves the Chief Executive's discretion to withhold information on privacy or safety grounds, creating a balancing exercise requiring written guidelines (s27(6)).\n\n\n# Key sections cited\n\nPrimary operational sections: s3 (objects/principles), s4 (definitions), s7A (consultation), s8 & s8A (Court powers & child interviews), ss9–12 (effects, limits, criteria), s14 (discharge), ss15–19 (consent), ss20–21 (recognition), s22 (reports), s25 (guardian while awaiting adoption), s26A (arrangements), Part 2A (ss27–27E) (information disclosure/open adoptions), ss28–36 (offences), s37(3) (Minister consent to prosecute), s41 (registration), s42 (regulations).\n\n"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The page returned an error rather than the text of the Adoption Act 1988 (SA)."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess complexity of the actual Act without its content","Score of 1 reflects the absence of analysable material, not the inherent simplicity of adoption law (which is typically moderately complex)"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text for the **Adoption Act 1988 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we do know:\n- This is a **South Australian law** dealing with **adoption** — the legal process by which a person (usually a child) becomes the legal child of someone who is not their biological parent.\n- The Act has been in force since **1988** and has been amended multiple times over the decades.\n- To access the current version, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'Adoption Act 1988' directly.\n\n### Who to contact:\nIf you need the actual text, email the SA Office of Parliamentary Counsel at **OPCWeb@sa.gov.au**."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 1988 Act originally centred on regulating closed adoptions with strong emphasis on finality and secrecy. Subsequent amendments, most notably the Adoption (Review) Amendment Act 2016, have substantially broadened scope to mandate openness (Part 2A information rights), modernise family recognition via 'qualifying relationship' definitions that include same-sex couples, embed the Aboriginal and Torres Strait Islander Child Placement Principle, expand access to birth registers, and create formal facilitation of post-adoption contact agreements. This represents a fundamental shift from the original closed-adoption model to a lifelong, information-sharing framework."},"complexity_factors":["Extensive interpretation section (s 4) with 20+ defined terms including 'qualifying relationship', 'party to an adoption', 'statement of wishes' and incorporation of the Aboriginal and Torres Strait Islander Child Placement Principle by regulation","Layered conditional tests for making orders (e.g. best interests 'clearly preferable' test in ss 10(1) and 11(1), significant pre-18 relationship test in s 10A, special circumstances exceptions in ss 11(3), 12(1)(b) and 12(3))","Multi-step consent regime in Division 2 with time bars (5-day and 14-day rules for mothers in s 15(2)-(3)), counselling endorsements, psychologist sign-offs for minors, 25/39-day revocation windows, and court dispensation powers (s 18)","Part 2A open adoption provisions containing nested discretions, privacy overrides, 'old section 27B direction' transitional limits, and Minister's absolute welfare override (s 27D)","Frequent cross-references to the Family Law Act 1975 (Cth), the Hague Convention, Children's Protection Act 1993, and the South Australian Civil and Administrative Tribunal Act 2013","Detailed offence catalogue in Part 3 with tiered maximum penalties ($10,000 to $40,000 or 2-4 years imprisonment) plus procedural hurdles such as Ministerial consent to prosecute (s 37)"],"plain_english_summary":"**This South Australian law sets the rules for adopting children.** It puts the child's best interests, welfare, and rights first — both as a kid and as an adult later on. Adoption is treated as a service *for the child*, not for adults who want to become parents. \n\nThe Act explains: \n- Who can adopt (usually a couple who have lived together for years in a marriage-like relationship, or one person in special cases). \n- How birth parents and the child must give consent (with waiting periods, counselling, and chances to change their mind). \n- Special extra rules for Aboriginal or Torres Strait Islander children to keep their cultural ties and community links strong. \n- How the court can recognise adoptions from other Australian states or overseas countries. \n- 'Open adoption' rules so that once an adopted person turns 18, they and their birth family can usually get identifying information and messages from each other. \n- Strict privacy and anti-commercial rules: you cannot pay for a child, advertise for adoption, or reveal names from court cases. \n\nIt matters because it tries to balance the needs of children, birth families, and adoptive families while encouraging honesty and access to heritage instead of secrecy."}},"importantCases":[],"_links":{"self":"/api/acts/adoption-act-1988","history":"/api/acts/adoption-act-1988/history","analysis":"/api/acts/adoption-act-1988/analysis","conflicts":"/api/acts/adoption-act-1988/conflicts","importantCases":"/api/acts/adoption-act-1988/important-cases","documents":"/api/acts/adoption-act-1988/documents"}}