{"id":"a-1993-20","name":"Adoption Act 1993","slug":"adoption-act-1993","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"20 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23022,"registerId":"act-a-1993-20-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Convention on Protection of Children and","content":"Schedule 1 Convention on Protection of Children and\nCooperation in Respect of Intercountry\nAdoption 90\nDictionary 109\n1 About the endnotes 115\n2 Abbreviation key 115\n3 Legislation history 116\n4 Amendment history 121\n5 Earlier republications 136\n6 Expired transitional or validating provisions 138\n\nAn Act relating to the adoption of children and young people\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Adoption Act 1993.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘adoptive relative, for part 5 (Access\nto information)—see section 58.’ means that the term ‘adoptive relative’\nis defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nObjects and principles Part 1A\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"4 Objects of Act\nThe main objects of this Act include—\n(a) ensuring that the best interests of the child or young person are\nthe paramount consideration in the adoption of a child or young\n(b) providing an adoption process that promotes the wellbeing and\ncare of children and young people in a way that recognises the\nchild’s or young person’s right—\n(i) to grow in a safe and stable environment; and\n(ii) to be cared for by a suitable family and to establish\nenduring relationships; and\n(iii) to know about family background and culture and have the\nopportunity to maintain or develop cultural identity; and\n(c) ensuring that the Aboriginal and Torres Strait Islander people\nare included and participate in any adoption of an Aboriginal or\nTorres Strait Islander child or young person; and\n(d) ensuring that adoption is centred on the needs of the child or\nyoung person rather than an adult wanting to care for a child or\nyoung person; and\n(e) consulting with the child or young person throughout the\nadoption process and, wherever possible, taking the child’s or\nyoung person’s views into account; and\n(f) recognising a birth parent’s involvement in making decisions\nabout their child’s future; and\n(g) providing for adoption plans to recognise the intentions of\nparties in an adoption; and\n\n(h) ensuring that equivalent standards apply for a child or young\nperson adopted from the ACT and a child or young person\nadopted from overseas; and\n(i) ensuring that the adoption process in the ACT complies with\nAustralia’s international obligations, in particular the\nobligations arising under the Convention on Protection of\nChildren and Cooperation in Respect of Intercountry Adoption.\nNote The text of the Convention is set out in sch 1.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Best interests of child or young person paramount","content":"5 Best interests of child or young person paramount\nconsideration\n(1) A person making a decision under this Act in relation to a child or\nyoung person must regard the best interests of the child or young\nperson as the paramount consideration.\n(2) In forming a view about the best interests of a child or young person,\na person making a decision under this Act must take into account the\nfollowing:\n(a) the likely effect of the decision on the life course of the child or\nyoung person taking into account the need to preserve their\ncultural inheritance, personal identity and sense of belonging;\n(b) the child’s or young person’s age, level of understanding, level\nof maturity, gender, personal characteristics and individual\ncircumstances;\n(c) the child’s or young person’s cultural, physical, emotional,\nintellectual, and educational needs;\n(d) the views expressed by the child or young person in relation to\nthe decision (including views expressed with adequate and\nappropriate support to actively participate, to the best of their\nability, in consultation related to the decision);\n\nObjects and principles Part 1A\n(e) taking into account the benefit of maintaining meaningful\nrelationships, the likely effect of the decision on the child’s or\nyoung person’s relationship with the following people:\n(i) the child’s or young person’s birth parents;\n(ii) the child’s or young person’s siblings (if any);\n(iii) the child’s or young person’s other relatives;\n(iv) carers or other significant people in the child’s or young\nperson’s life;\n(f) the relationship the child or young person has with the adoptive\nparents;\n(g) the suitability and capacity of the adoptive parents to meet the\nchild’s or young person’s needs;\n(h) the alternatives to adoption for the child or young person to\nsecure permanent family arrangements;\n(i) the continuity and sense of belonging that comes from a child or\nyoung person having stable emotional and physical living\nconditions;\n(j) the need to protect the child or young person from physical or\npsychological harm associated with exposure to abuse, neglect\nor family violence.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Aboriginal and Torres Strait Islander child or young","content":"6 Aboriginal and Torres Strait Islander child or young\nperson—additional requirements\nIn addition to section 5, a person making a decision under this Act in\nrelation to an Aboriginal or Torres Strait Islander child or young\nperson must—\n(a) take into account the need for the child or young person to\nmaintain a connection with the lifestyle, culture and traditions\nof the child’s or young person’s Aboriginal or Torres Strait\nIslander community; and\n\n(b) seek and consider submissions about the child or young person\nmade by or on behalf of any Aboriginal or Torres Strait Islander\npeople or organisations identified by the director-general as\nproviding ongoing support services to the child or young person\nor the child’s or young person’s family; and\n(c) take into account Aboriginal and Torres Strait Islander traditions\nand cultural values (including kinship rules) as identified by\nreference to the child’s or young person’s family and kinship\nrelationships and the community with which the child or young\nperson has the strongest affiliation.\n\nJurisdiction Part 2\n","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Jurisdiction","content":"Part 2 Jurisdiction\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Proceedings","content":"7 Proceedings\nJurisdiction is conferred on the court to hear and determine\nproceedings on applications for the making of adoption orders and\nother orders under this Act.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Rules of private international law not to apply","content":"8 Rules of private international law not to apply\n(1) The jurisdiction of the Supreme Court under this Act is not dependent\non any fact or circumstance not stated in this Act.\n(2) Without limiting subsection (1), the common law rules of private\ninternational law do not apply in relation to matters arising under this\nAct.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Adoption of child or young person","content":"9 Adoption of child or young person\nAn adoption order may be made for a person who—\n(a) was under 18 years old on the day the application was filed in\nthe court; and\n(b) is present in the ACT.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Adoption of person 18 years old or older","content":"10 Adoption of person 18 years old or older\n(1) An adoption order may be made for a person who was 18 years old\nor older on the day the application was filed in the court if—\n(a) the applicant or applicants have been in a care-giving\nrelationship with the person; and\n(b) the person has received physical, emotional, intellectual and\neducational support from the applicant or applicants; and\n(c) the person, or at least 1 applicant, is ordinarily resident in the\nACT.\n(2) The following provisions of this Act do not apply to the adoption of\na person who was 18 years old or older on the day the application was\nfiled in the court:\n(a) division 3.2 (Who can adopt?);\n(b) division 3.3 (Consents to adoptions) other than the following:\n(i) section 28 (Consent of applicant not required);\n(ii) section 30 (Instrument of consent);\n(iii) section 34 (1);\n\nWho can be adopted? Division 3.1\n(c) division 3.4 (Placement of child or young person before\nadoption);\n(d) division 3.5 (Guardianship before adoption);\n(e) division 3.6 (Proceedings for an adoption order) other than the\nfollowing:\n(i) section 39A (2);\n(ii) section 39B (1) (a), (2) and (3);\n(iii) section 39C (Parties to proceeding);\n(iv) section 39I (Deciding application for adoption order for\nperson 18 years old or older);\n(v) section 39L (Discharge of adoption order);\n(f) division 3.7 (Conditional orders);\n(g) section 45 (Names of adopted child or young person);\n(h) section 46 (Effect of order on domicile);\n(i) division 3.9 (Interim orders).\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Previous adoption immaterial","content":"11 Previous adoption immaterial\nAn adoption order may be made even if the person has previously\nbeen adopted, before or after the commencement of this Act, in the\nACT or elsewhere.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Frustration of immigration law","content":"12 Frustration of immigration law\nAn adoption order must not be made if the court considers that it is\nbeing sought primarily as a means of evading the operation of a law\nof the Commonwealth relating to immigration.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Residency requirement","content":"13 Residency requirement\n(1) An adoption order may only be made in favour of a person, or\n2 people, who are ordinarily resident in the ACT.\n(2) This section does not apply to an adoption order under section 57\n(Adoption in ACT of ACT child or young person by parents from\nConvention country).\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Additional requirements for adoption of child or young","content":"14 Additional requirements for adoption of child or young\nperson\nAn adoption order for a child or young person may be made in favour\nof a person only if—\n(a) the person is on the register of suitable people; and\n(b) for an order to be made in favour of 2 people jointly—\n(i) they have lived together in a domestic partnership for at\nleast 3 years (whether or not married or in a civil union);\nand\n(ii) the court considers they have demonstrated the stability of,\nand their commitment to, their domestic partnership; and\n(c) for an order to be made in favour of 1 person only—the person\neither—\n(i) is a step parent of the child or young person; or\n(ii) is not in a domestic partnership; and\n(d) if the person is a step-parent of the child or young person—the\nFamily Court of Australia has given the step-parent leave to\ncommence a proceeding for the adoption of the child or young\nperson under the Family Law Act 1975 (Cwlth), section 60G\n(Family Court may grant leave for adoption proceedings by\nprescribed adopting parent); and\n\nWho can adopt? Division 3.2\n(e) if the person is a relative of the child or young person—the court\nconsiders that—\n(i) the family circumstances mean that it would be beneficial\nfor the child or young person if the relationships within the\nfamily were redefined in the way the order would redefine\nthem; and\n(ii) it would not be preferable to make an order relating to\nguardianship or custody of the child or young person.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Approval of suitable people","content":"18 Approval of suitable people\n(1) A person may apply in writing to the director-general for approval to\nbe registered as suitable for the placement of a child or young person\nfor adoption.\n(2) The director-general must—\n(a) approve the application; or\n(b) refuse to approve the application.\n(3) In deciding the application, the director-general must consider\nwhether the applicant is suitable for the placement of a child or young\nperson for adoption having regard to the criteria set out in\nsection 39F (1) (c) (Deciding application for adoption order for child\nor young person).\n(4) The director-general must not approve an application if the applicant\nis not ordinarily resident in the ACT.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Register of suitable people","content":"19 Register of suitable people\n(1) The director-general must keep—\n(a) a register of people whose application to be registered as suitable\nfor the placement of a child or young person for adoption has\nbeen approved; and\n\n(b) records of people whose application to be registered as suitable\nfor the placement of a child or young person for adoption—\n(i) has been refused; or\n(ii) has been approved, but for which the approval has been\nwithdrawn.\n(2) The director-general may review the register kept under\nsubsection (1) (a) and—\n(a) must remove a person from the register if satisfied on reasonable\ngrounds that the person is no longer suitable having regard to the\ncriteria set out in section 39F (1) (c) (Deciding application for\nadoption order for child or young person); and\n(b) may remove a person from the register if satisfied on reasonable\ngrounds that the person is no longer ordinarily resident in the\nACT.\n(3) If the director-general removes a person from the register under\nsubsection (2), the director-general must give the person written\nnotice of the removal.\n","sortOrder":17},{"sectionNumber":"26","sectionType":"section","heading":"Consents of parents and guardians","content":"26 Consents of parents and guardians\n(1) Subject to this division, an adoption order must not be made for a\nchild or young person unless consent to the adoption has been given\nby—\n(a) if the child or young person has not previously been adopted—\n(i) each parent of the child or young person; and\n(ii) each guardian of the child or young person; or\n\n(b) if the child or young person has previously been adopted—\n(i) each adoptive parent of the child or young person; and\n(ii) each guardian of the child or young person.\n(2) A reference in subsection (1) (a) (i) to a parent of a child or young\nperson does not include a reference to the father of the child or young\nperson unless he is presumed to be the father under the Parentage\nAct 2004.\n(3) Consent of a person is not required if the court is satisfied that the\nperson is dead.\n","sortOrder":18},{"sectionNumber":"27","sectionType":"section","heading":"Information for certain parents considering consent","content":"27 Information for certain parents considering consent\n(1) This section applies if the director-general knows that—\n(a) a parent is considering consenting to the adoption of a child in\nthe 28 days following the birth of the child; or\n(b) a parent under 18 years old is considering consenting to the\nadoption of a child.\n(2) The director-general must offer the parent—\n(a) information about—\n(i) the time period for providing the consent; and\n(ii) the process for revocation of consent; and\n(iii) alternatives to adoption; and\n(iv) future contact with the child; and\n(b) the opportunity for counselling, if requested.\n(3) The director-general must ensure a parent mentioned in\nsubsection (1) (b) has access to independent legal advice.\n\n","sortOrder":19},{"sectionNumber":"28","sectionType":"section","heading":"Consent of applicant not required","content":"28 Consent of applicant not required\nIf a person whose consent to an adoption would, but for this section,\nbe required is an applicant for the adoption order, the consent of that\nperson is not required.\n","sortOrder":20},{"sectionNumber":"29","sectionType":"section","heading":"General or limited consents","content":"29 General or limited consents\n(1) For this Act, consent to the adoption of a child or young person may\nbe general or limited.\n(2) A general consent is a consent to the adoption of the child or young\nperson by any person or persons in accordance with the law of the\nTerritory, and has effect accordingly.\n(3) A limited consent is a consent to the adoption of the child or young\nperson—\n(a) by a relative of the child or young person; or\n(b) by a person who has been appointed as a guardian of the child\nor young person by order of a court; or\n(c) by a person in whose custody the child or young person has been\nplaced by the director-general in accordance with a law of the\nTerritory; or\n(d) by a step-parent.\n","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"Instrument of consent","content":"30 Instrument of consent\nA consent to an adoption must be by an instrument signed by the\nperson giving consent and attested as prescribed under the\nregulations.\n\n","sortOrder":22},{"sectionNumber":"31","sectionType":"section","heading":"Revocation of consent","content":"31 Revocation of consent\n(1) A person who consents to the adoption of a child or young person\nmay revoke the consent only by filing a notice of revocation in the\nSupreme Court before the end of—\n(a) 28 days after the day the instrument of consent is signed; or\n(b) if before the end of the 28-day period the person files in the\nSupreme Court a notice stating the person needs further time—\n14 days after the end of the 28-day period.\n(2) A period applying under subsection (1) may not be extended.\n(3) Subsection (2) has effect despite the Legislation Act, section 151C\n(Power to extend time).\n(4) The registrar of the Supreme Court must tell the director-general in\nwriting about a notice filed under subsection (1).\n(5) When the period within which a person’s consent to the adoption of\na child or young person may be revoked ends, the director-general\nmust tell the person in writing.\n","sortOrder":23},{"sectionNumber":"32","sectionType":"section","heading":"Access during revocation period","content":"32 Access during revocation period\n(1) A person whose consent to the adoption of a child or young person is\nrequired is entitled to have access to the child or young person before\nthe end of the period during which that consent may be revoked unless\nthe director-general, by notice in writing served on that person,\ninforms that person that access is denied.\n(2) The director-general must not give a notice under subsection (1)\nunless satisfied that it is necessary for protecting the best interests of\nthe child or young person to do so.\n\n","sortOrder":24},{"sectionNumber":"33","sectionType":"section","heading":"Consents under law of a State or another Territory","content":"33 Consents under law of a State or another Territory\nA consent to the adoption of a child or young person given by a person\nin accordance with the law of a State or another Territory that would\nbe an effective consent under that law if the application had been an\napplication for a corresponding order under that law is, if the consent\nof that person is required, an effective consent for this Act.\n","sortOrder":25},{"sectionNumber":"34","sectionType":"section","heading":"Defective consents","content":"34 Defective consents\n(1) The court may refuse to make an adoption order if it appears to the\ncourt that—\n(a) any required consent was—\n(i) not given in accordance with this Act; or\n(ii) obtained by fraud, duress or other improper means; or\n(b) an instrument of consent has been altered in a material particular\nwithout the authority of the person who gave the consent; or\n(c) when an instrument of consent was signed, the person who gave\nor purported to give the consent was not in a fit condition to give\nthe consent or did not understand the nature of the consent.\n(2) An adoption order must not be made under an instrument of consent\nsigned by the mother of the child before the birth of the child.\n(3) An adoption order must not be made under an instrument of consent\nsigned by the mother of the child before the end of 28 days after the\nday on which the child was born unless—\n(a) the court is of the opinion that there are circumstances that\njustify the instrument being treated as an effective consent; or\n(b) the consent—\n(i) was given in accordance with a law of a State or another\nTerritory; and\n(ii) is, because of section 33, an effective consent for this Act.\n\n","sortOrder":26},{"sectionNumber":"35","sectionType":"section","heading":"Dispensing with consent","content":"35 Dispensing with consent\n(1) On application, the court may, by order, dispense with the\nrequirement for consent of a person to the adoption of a child or\nyoung person if the court is satisfied that—\n(a) either—\n(i) the person cannot, after reasonable inquiry, be identified or\nlocated; or\n(ii) the person’s identity cannot be established; or\n(b) the person is not able to make a fully informed decision in\nrelation to the consent despite receiving adequate and\nappropriate support to make the decision to the best of their\nability; or\n(c) it is necessary in the best interests of the child or young person\nto dispense with the requirement for consent of the person.\n(2) On an application for an order under subsection (1), the court may\nrequire the director-general to do one or both of the following:\n(a) investigate a matter;\n(b) make an assessment of the best interests of the child or young\nNote See s 5 and s 6 for the matters that must be taken into account by a\n(3) The director-general must give the court a written report detailing the\nconclusion of an investigation or assessment made under\nsubsection (2).\n\n","sortOrder":27},{"sectionNumber":"Div 3","sectionType":"division","heading":"4 Placement of child or young person before adoption","content":"Division 3.4 Placement of child or young person before adoption\n(4) To facilitate the making of arrangements for the adoption of a child\nor young person, on the application of the director-general or the\nprincipal officer of a private adoption agency, the court may make an\norder under subsection (1) before an application for an adoption order\nhas been made, and the first order has effect for the purpose of any\nsubsequent application for an adoption order.\n(5) On the application of the director-general or of the person the\nrequirement for whose consent was dispensed with, the court may\nrevoke an order made because of subsection (4) at any time before\nmaking an adoption order.\nDivision 3.4 Placement of child or young person\nbefore adoption\n","sortOrder":28},{"sectionNumber":"35A","sectionType":"section","heading":"Placement of child or young person before adoption","content":"35A Placement of child or young person before adoption\n(1) The director-general may place a child or young person in the care of\na person if—\n(a) the director-general is the guardian of the child or young person;\nand\n(b) the person—\n(i) is on the register of suitable people; and\n(ii) intends to apply for an adoption order for the child or\nyoung person; and\n(iii) has asked the director-general, in writing, to place the child\nor young person in the person’s care until the application\nis decided; and\n(c) the child or young person has been consulted under section 35B;\nand\n\nPlacement of child or young person before adoption Division 3.4\n(d) if the child or young person is an Aboriginal or Torres Strait\nIslander child or young person—the additional requirements\nmentioned in section 6 (Aboriginal and Torres Strait Islander\nchild or young person—additional requirements) have been\ncomplied with.\n(2) The director-general must not place a child or young person in the\ncare of a person under subsection (1) unless the director-general\nconsiders that the person is suitable to adopt the particular child or\nyoung person having regard to the criteria set out in\nsection 39F (1) (c) (Deciding application for adoption order for child\nor young person).\n(3) The director-general must remove a child or young person from the\ncare of a person with whom the child or young person has been placed\nunder this section if—\n(a) the person is no longer on the register of suitable people; or\n(b) the director-general considers that the person is no longer\nsuitable to adopt the particular child or young person having\nregard to the criteria set out in section 39F (1) (c); or\n(c) within 1 year after the child or young person is placed in the care\nof the person under this section, the person has not applied for\nan adoption order for the child or young person.\n(4) A person given care of a child under this section has daily care\nresponsibility for the child or young person.\n(5) In this section:\ndaily care responsibility—see the Children and Young People\nAct 2008, section 19.\n\n","sortOrder":29},{"sectionNumber":"35B","sectionType":"section","heading":"Consultation with child or young person before deciding","content":"35B Consultation with child or young person before deciding\nplacement\n(1) Before deciding about the placement of a child or young person under\nsection 35A, the director-general must, if reasonably practicable, give\nthe child or young person—\n(a) information about the proposed placement, in language and in a\nway that the child or young person can understand; and\n(b) the opportunity to freely express his or her views about the\nproposed placement; and\n(c) assistance in understanding the information provided and in\nexpressing his or her views, if required; and\n(d) the opportunity for counselling, if required.\n(2) The consultation under subsection (1) must be appropriate taking into\naccount the best interests of the child or young person.\n","sortOrder":30},{"sectionNumber":"36","sectionType":"section","heading":"Guardianship before adoption","content":"36 Guardianship before adoption\n(1) The director-general is the guardian of a child or young person for all\npurposes except section 26 (Consents of parents and guardians) if—\n(a) each person required to consent to the adoption of the child or\nyoung person under section 26 has consented; or\n(b) the requirement for consent has been dispensed with under\nsection 35 (Dispensing with consent).\n\nGuardianship before adoption Division 3.5\n(2) However, subsection (1) does not apply in relation to a child or young\nperson if—\n(a) the application for adoption is made by a step-parent and a\nparent of the child or young person has a continuing role as a\nparent; or\n(b) the principal officer of a private adoption agency is the guardian\nof the child or young person for all purposes except section 26\n(Consents of parents and guardians) because of subsection (3);\nor\n(c) a declaration under section 38 that the child or young person is\nunder the guardianship of an authority in a State or another\nTerritory is in force; or\n(d) the director-general has long-term care responsibility for the\nchild or young person under the Children and Young People Act\n2008.\n(3) The principal officer of a private adoption agency is the guardian of\na child or young person for all purposes except section 26 (Consents\nof parents and guardians) if—\n(a) each person whose consent to the adoption is required has\nconsented and has, in writing, authorised the private adoption\nagency to make arrangements with a view to the adoption; and\n(b) the principal officer of the private adoption agency has told the\ndirector-general in writing that he or she is willing to assume the\nguardianship of the child or young person.\n(4) A guardianship under subsection (1) or (3) continues until—\n(a) an adoption order is made; or\n(b) any consent given is revoked; or\nor young person.\n\n","sortOrder":31},{"sectionNumber":"37","sectionType":"section","heading":"Guardianship of non-citizen child or young person","content":"37 Guardianship of non-citizen child or young person\n(1) This section applies in relation to a non-citizen child or young\nperson—\n(a) brought from a place outside Australia for adoption in the ACT;\nor\n(b) adopted outside Australia if the adoption is not recognised under\nthis Act, part 4A.\n(2) The director-general is the guardian of the child or young person\nwhile the child or young person is ordinarily resident in the ACT\nuntil—\n(a) the child or young person turns 18 years old; or\n(b) an adoption order is made; or\nor young person; or\n(d) the child or young person leaves Australia with the intention of\nremaining outside Australia permanently.\nNote The Minister for Immigration of the Commonwealth is the guardian of a\nchild arriving in Australia and subject to the Immigration (Guardianship\nof Children) Act 1946 (Cwlth) until an adoption order is made. The\nresponsibility for guardianship is delegated to the director-general under\ns 5 of the Immigration (Guardianship of Children) Act 1946 (Cwlth).\n","sortOrder":32},{"sectionNumber":"38","sectionType":"section","heading":"Transfer of guardianship of child or young person until","content":"38 Transfer of guardianship of child or young person until\n(1) On receiving a request in writing by or for the authority in a State or\nanother Territory having the guardianship of a child or young person\nin respect of whom consents with a view to adoption in the ACT have\nbeen given or dispensed with, the director-general may, in writing,\ndeclare that the child or young person is under the guardianship of the\ndirector-general while the child or young person is domiciled or\nresident in the ACT.\n\nGuardianship before adoption Division 3.5\n(2) If a declaration under subsection (1) has effect, then, while the child\nor young person is domiciled or resident in the ACT, the\ndirector-general is the guardian of the child or young person until—\n(a) the child or young person attains the age of 18 years; or\n(b) an adoption order is made; or\nor young person.\n(3) A declaration under subsection (1) ceases to have effect if the child\nor young person ceases to be under the guardianship of the authority\nin the State or other Territory.\n(4) If, in the opinion of the director-general, a law of a State or another\nTerritory contains a provision corresponding to this section, the\ndirector-general may request the authority having the guardianship of\nchildren or young people until adoption in that State or Territory to\ndeclare that, while a child or young person of whom the\ndirector-general is the guardian under this Act (being a child or young\nperson in respect of whom consents with a view to adoption in that\nState or Territory have been given or dispensed with) is domiciled or\nresident in that State or Territory, the child or young person is under\nthe guardianship of that authority.\n(5) While a declaration under subsection (4) has effect, the functions and\nobligations of the director-general as guardian of the child or young\nperson are suspended.\n(6) Subsection (5) does not apply in relation to the exercise by the\ndirector-general of a function in respect of a child or young person\nunder an arrangement made under subsection (7).\n(7) The director-general may, on behalf of the Territory, make financial\nor other arrangements with an authority mentioned in subsection (1)\nor (4) in respect of a child or young person while the child or young\nperson is under the guardianship of the director-general or that\nauthority.\n\n(8) The director-general may make arrangements for the return of a child\nor young person who is under the guardianship of the director-general\nunder this section to his or her former custody.\n","sortOrder":33},{"sectionNumber":"39","sectionType":"section","heading":"Review of status of child or young person released for","content":"39 Review of status of child or young person released for\n(a) all required consents to the adoption of a child or young person\nhave been given; and\n(b) the child or young person has not been—\n(i) placed for adoption within 1 year; or\n(ii) adopted within 1 year after being placed for adoption;\nthe director-general must apply to the court for an order under this\nsection.\n(2) On an application under subsection (1), the court may—\n(a) review the status of the child or young person; and\n(b) make any orders in relation to guardianship or custody of the\nchild or young person, or any other orders to promote the best\ninterests of the child or young person, that the court thinks fit.\n","sortOrder":34},{"sectionNumber":"39A","sectionType":"section","heading":"Application for adoption order","content":"39A Application for adoption order\n(1) A person (the applicant) may apply to the court for an adoption order\nfor a child or young person if an adoption order for the child or young\nperson may be made in favour of the applicant under this part or\npart 4A (Intercountry and overseas adoption).\n\n(2) A person (the applicant) may apply to the court for an adoption order\nfor a person who is 18 years old or older if an adoption order for the\nperson may be made in favour of the applicant under section 10.\n","sortOrder":35},{"sectionNumber":"39B","sectionType":"section","heading":"Notice of application for adoption order","content":"39B Notice of application for adoption order\n(1) An adoption order must not be made unless the applicant has, not later\nthan 28 days before the return date for the application, served written\nnotice of the application and its return date on—\n(a) anyone whose consent to the adoption is required but whose\nconsent has not been given; and\n(b) anyone whose consent is not required but with whom the child\nor young person lives or who has guardianship or custody of the\nchild or young person.\n(2) On application, the court may dispense with the requirement to serve\nnotice under subsection (1).\n(3) If it appears to the court to be necessary in the interests of justice, the\ncourt may, on application or its own initiative, direct that notice of an\napplication for an adoption order and its return date be served on\nanyone.\n","sortOrder":36},{"sectionNumber":"39C","sectionType":"section","heading":"Parties to proceeding","content":"39C Parties to proceeding\nThe court may permit anyone the court thinks fit to be joined as a\nparty to a proceeding on an application for an adoption order for the\npurpose of—\n(a) opposing the application; or\n(b) opposing an application to dispense with a requirement for a\nconsent.\n\n","sortOrder":37},{"sectionNumber":"39D","sectionType":"section","heading":"Report on proposed adoption","content":"39D Report on proposed adoption\n(1) The director-general, or the principal officer of a private adoption\nagency that made the arrangements that resulted in an application for\nan adoption order for a child or young person, must give a written\n(2) The written report must include—\n(a) information about the circumstances of the child or young\n(b) information about the proposed adoption, including the\napplicant’s reputation, ability to fulfil the responsibility of a\nparent and suitability to adopt the particular child or young\n(c) an adoption plan.\n(3) The adoption plan may include anything that is appropriate taking\ninto account the best interests of the child or young person,\nincluding—\n(a) the preferences of a parent of the child or young person and of\nany person whose consent is required for the adoption in relation\nto the social, religious and financial characteristics of the\nadoptive family; and\n(b) arrangements for exchanging information about the child’s or\nyoung person’s medical background or condition; and\n(c) arrangements for ongoing contact between the child or young\nperson and 1 or more of the following:\n(i) a parent of the child or young person;\n(ii) a person whose consent is required for the adoption;\n(iii) a person who otherwise has a significant relationship with\nthe child or young person; and\n\n(d) the way the child or young person is to develop an understanding\nabout his or her family background and culture and have the\nopportunity to maintain or develop cultural identity.\n(4) If the child or young person is under the guardianship of an authority\nin a State or another Territory having functions under the law of that\nState or Territory corresponding to those of the director-general, the\ncourt may be given a report from that authority about the\ncircumstances of the child or young person and the proposed adoption\nin addition to or instead of a report mentioned in subsection (1).\n(5) A written report is not required under this section if the application is\nfor an adoption order mentioned in section 57 (Adoption in ACT of\nACT child or young person by parents from Convention country).\nNote For these applications, a report by the director-general is required under\ns 57A.\n","sortOrder":38},{"sectionNumber":"39E","sectionType":"section","heading":"Consultation with child or young person before adoption","content":"39E Consultation with child or young person before adoption\norder made\n(1) Before making an adoption order for a child or young person, the\ncourt must be satisfied that, if reasonably practicable, the\ndirector-general has given the child or young person—\n(a) information about the proposed adoption, in language and in a\nway that the child or young person can understand; and\n(b) the opportunity to freely express his or her views about the\nproposed adoption; and\n(c) assistance in understanding the information provided and in\nexpressing his or her views, if required; and\n(d) the opportunity for counselling, if required.\n\n(2) The consultation under subsection (1) must be appropriate taking into\naccount the best interests of the child or young person.\n","sortOrder":39},{"sectionNumber":"39F","sectionType":"section","heading":"Deciding application for adoption order for child or young","content":"39F Deciding application for adoption order for child or young\nperson\n(1) The court must not make an adoption order for a child or young\nperson unless—\n(a) each consent required under division 3.3 has been given; and\n(b) the period within which each required consent may be revoked\nhas expired without the consent having been revoked; and\n(c) after considering the report or reports given to it under\nsection 39D (Report on proposed adoption) or section 57A\n(Report on child for intercountry adoption) and any other\nevidence, the court considers that—\n(i) each applicant is of good reputation and able to fulfil the\nresponsibility of the parent of a child or young person\n(including protecting a child’s or young person’s physical\nand emotional well being); and\n(ii) each applicant is suitable to adopt the particular child or\nyoung person having regard to—\n(A) the applicant’s age, education and attitude to\nadoption; and\n(B) the applicant’s physical, mental and emotional health,\nparticularly as it impacts on capacity to nurture the\nchild or young person; and\n(C) any other relevant consideration; and\n\n(iii) the adoption is in the best interests of the child or young\n(2) In deciding whether or not to make an adoption order, the court must\nhave regard to—\n(a) the views expressed by the child or young person in the\nconsultation required under section 39E (Consultation with\nchild or young person before adoption order made); and\n(b) any preferences expressed in an adoption plan given to the court\nas part of a report required under section 39D (Report on\nproposed adoption).\nNote Additional requirements apply to certain intercountry adoptions. See the\nfollowing sections:\n• s 57 (3) (Adoption in ACT of ACT child or young person by parents\nfrom Convention country);\n• s 57B (3) (Adoption in ACT of child or young person from\nConvention country by ACT parents);\n• s 57J (2) (Adoption in ACT of child or young person from prescribed\noverseas jurisdiction by ACT parents).\n","sortOrder":40},{"sectionNumber":"39G","sectionType":"section","heading":"Aboriginal or Torres Strait Islander child or young person","content":"39G Aboriginal or Torres Strait Islander child or young person\n(1) This section is in addition to, and does not limit, section 39F.\n(2) An adoption order must not be made for an Aboriginal or Torres Strait\nIslander child or young person unless the court is satisfied that—\n(a) the additional requirements mentioned in section 6 (Aboriginal\nand Torres Strait Islander child or young person—additional\nrequirements) have been complied with; and\n(b) it is not practicable for the child or young person to remain in\nthe care of the birth parents or a responsible person; and\n\n(c) the choice of the adoptive parents has been made having regard\nto the desirability of the child or young person—\n(i) being in the care of a person who is a member of an\nAboriginal or Torres Strait Islander community; and\n(ii) being able to establish and maintain contact with his or her\nbirth parents, any responsible person and the Aboriginal or\nTorres Strait Islander community of which the child or\nyoung person is or was a member.\n","sortOrder":41},{"sectionNumber":"39H","sectionType":"section","heading":"Adoption of non-citizen child or young person","content":"39H Adoption of non-citizen child or young person\nAn adoption order must not be made for a non-citizen child or young\nperson unless the court is satisfied that the provisions of part 4A\n(Intercountry and overseas adoption) have been complied with.\n","sortOrder":42},{"sectionNumber":"39I","sectionType":"section","heading":"Deciding application for adoption order for person","content":"39I Deciding application for adoption order for person\n18 years old or older\nThe court must not make an adoption order for a person who was\n18 years old or older on the day the application was filed in the court\nunless—\n(a) the person consents to the adoption by the applicant or\napplicants; and\n(b) the court is satisfied that the applicant or applicants are of good\nreputation.\n","sortOrder":43},{"sectionNumber":"39J","sectionType":"section","heading":"Notification to director-general of adoption order","content":"39J Notification to director-general of adoption order\nThe registrar of the court must notify the director-general in writing\nif the court makes an adoption order.\n\n","sortOrder":44},{"sectionNumber":"39K","sectionType":"section","heading":"Alternative orders on refusal of adoption order","content":"39K Alternative orders on refusal of adoption order\n(1) If the court refuses to make an adoption order for a child or young\nperson, the court may—\n(a) if it considers that the child’s or young person’s best interests\nwould be promoted by doing so—make an order relating to\nguardianship or custody of the child or young person; and\n(b) make any other order it thinks fit.\n(2) An order under subsection (1) (a) may be made in favour of the\ndirector-general or any other person.\n","sortOrder":45},{"sectionNumber":"39L","sectionType":"section","heading":"Discharge of adoption order","content":"39L Discharge of adoption order\n(1) On application by a prescribed person, the court may make an order\n(a discharging order) discharging an adoption order if the court\nconsiders that—\n(a) the adoption order, or any consent to the adoption, was obtained\nby fraud, duress or other improper means; or\n(b) there are other circumstances that justify the discharging order.\n(2) For subsection (1) (b), a breakdown in the relationship between the\nadopted person and the adoptive parents must not be taken to\nconstitute a circumstance justifying a discharging order.\n(3) A discharging order must not be made if it appears to the court that\nthe making of the order would be prejudicial to the best interests of\nthe adopted person.\n(4) On an application under subsection (1), the court may require the\ndirector-general to investigate the matter and to provide a written\n\n(5) A discharging order must not be made unless the applicant has, not\nlater than 28 days before the return date for the application, served\nwritten notice of the application and its return date on—\n(a) if the adopted person is 12 years old or older—the adopted\n(b) each adoptive parent; and\n(c) each person whose consent to the adoption was required.\n(6) On application, the court may dispense with the requirement to serve\nnotice under subsection (5).\n(7) If the court makes a discharging order, the court may, at the same time\nor subsequently, make any consequential or ancillary orders it thinks\nfit to promote the best interests of the adopted person, or otherwise in\nthe interests of justice, including orders relating to—\n(a) the person’s name; or\n(b) the ownership of property; or\n(c) if the person is a child or young person—\n(i) guardianship or custody of the person; or\n(ii) the place of residence of the person.\n(8) Subject to any order made under subsection (7) and to section 43 (3),\nthe rights, privileges, obligations, liabilities and relationships under\nthe law of the Territory of the person and of all other people are, on\nthe making of a discharging order, the same as if the adoption order\nhad not been made, but without prejudice to—\n(a) anything lawfully done while the adoption order was in force; or\n(b) the consequences of anything unlawfully done while the\nadoption order was in force; or\n\n(c) any right or interest that became vested in any person while the\nadoption order was in force.\n(9) If an adoption order that has been discharged was made under a\ngeneral consent, then, unless the court otherwise orders, that consent\nremains effective for the purpose of a further application for an\nadoption order about the same person.\n(10) In this section:\nadoption order includes an order for the adoption of a person made\nunder a repealed law.\nprescribed person, in relation to an application for a discharging\norder for a person, means the Minister, the director-general, the public\nadvocate, the adopted person, an adoptive parent or a person whose\nconsent to the adoption was required.\nrepealed law means any of the following Acts or an Ordinance\nrepealed by any of the following Acts:\n(a) Adoption of Children Act 1965;\n(b) Adoption of Children Act 1974;\n(c) Adoption of Children (Amendment) Act 1979;\n(d) Adoption of Children (Amendment) Act 1983;\n(e) Adoption of Children (Amendment) Act 1988;\n(f) Adoption of Children (Amendment) Act 1991.\n\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Adoption order subject to certain conditions","content":"40 Adoption order subject to certain conditions\nIf the court is of the opinion that—\n(a) circumstances exist that justify it doing so, whether because of\nthe age of the child or young person or otherwise; and\n(b) the birth parents and the adoptive parents have, after the required\nconsents were given, agreed that the adoption order should be\nsubject to certain conditions;\nthe court may make the adoption order subject to either or both of the\nfollowing conditions:\n(c) a condition that such birth parents and such relatives of the child\nor young person as are stated in the order have such right of\naccess to the child or young person as is stated in the order;\n(d) a condition that the adoptive parents of the child or young person\nprovide information about the child or young person to the\ndirector-general or principal officer of a private adoption agency\nto be given to the birth parents at such periods and in accordance\nwith such terms as are stated in the order.\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Amendment of adoption condition","content":"41 Amendment of adoption condition\n(1) If the court is of the opinion that the best interests of an adopted child\nor young person would be best served by a condition referred to in\nsection 40 to which the adoption order is subject being amended, the\ncourt must, on application by an adoptive parent, a birth parent who\nconsented to the adoption or by or on behalf of the adopted child or\nyoung person, by order amend the condition.\n(2) An application under subsection (1) must be accompanied by a report\nfrom the director-general.\n\n(3) An amendment of a condition must not grant to a person greater rights\nof access to an adopted child or young person unless the adoptive\nparents agree and the court is satisfied that, so far as practicable, the\nwishes and feelings of the child or young person have been\nascertained and due consideration given to them having regard to the\nage and understanding of the child or young person.\n(4) For subsection (3) the court may inform itself in any way it thinks fit.\n","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Cessation of condition","content":"42 Cessation of condition\nAn adoption order ceases to be subject to a condition mentioned in\nsection 40—\n(a) if the condition is omitted; or\n(b) when the adopted child or young person attains the age of 18\nyears.\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"General effect","content":"43 General effect\n(1) Subject to this Act and the provisions of any other Territory law that\nexpressly distinguishes between adopted people and other people, on\nthe making of an adoption order, for all purposes—\n(a) the adopted person becomes in law a child of the adoptive\nparents, and the adoptive parents become in law the parents of\nthe adopted person as if the adopted person had been born to the\nadoptive parents; and\n(b) the adopted person ceases to be a child of the birth parents or of\nany person (a pre-adoption parent) who was an adoptive parent\nbefore the making of the adoption order, and any such\npre-adoption parent ceases to be a parent of the adopted person;\nand\n\n(c) if the order is made in favour of a step-parent—the relationship\nof the adopted person with the parent living in a domestic\npartnership with the step-parent is not affected; and\n(d) the relationship to one another of all people (including the\nadopted person and the adoptive parents, birth parents or any\nformer adoptive parent) must be decided on the basis of\nparagraphs (a), (b) and (c) so far as they are relevant; and\n(e) any existing appointment of a person as guardian of the adopted\nperson ceases to have effect; and\n(f) any previous adoption of the adopted person (whether under a\nTerritory law or otherwise) ceases to have effect.\n(2) However, an adoption order does not exclude any right of inheritance\nthat the adopted person might otherwise have from or through a\ndeceased person if—\n(a) 1 of the birth or former adoptive parents of an adopted person\nhas died; and\n(b) an adoption order is made in favour of a step-parent after that\ndeath.\n(3) Despite subsection (1), for any law of the Territory relating to a sexual\noffence, being a law under which the relationship between persons is\nrelevant, an adoption order, or an order discharging an adoption order,\nmust not be taken to cause the cessation of any relationship that would\notherwise have existed, and any such relationship is taken to exist in\naddition to any relationship that exists because of the application of\nthat subsection or because of the discharge of the adoption order.\n\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Disposition of property","content":"44 Disposition of property\n(1) Section 43 (1) has effect in relation to dispositions of property,\nwhether by will or otherwise, and whether made before or after the\ncommencement of this Act, except that the subsection does not effect\na disposition of property—\n(a) by a person who, or by persons any of whom, died before the\ncommencement of this Act; or\n(b) that has taken effect in possession before the commencement of\nthis Act.\n(2) Section 43 (1) does not apply in relation to an agreement or\ninstrument (not being a disposition of property) made or executed\nbefore the commencement of this Act.\n(3) If—\n(a) before the commencement of this Act, a person made, by an\ninstrument other than a will, a disposition of property; and\n(b) the disposition had not taken effect in possession before the\ncommencement of this Act; and\n(c) it did not appear from the instrument that it was the intention of\nthat person to include an adopted child as an object of the\ndisposition;\nthat person may, even though the instrument could not, apart from\nthis subsection, be revoked or varied, by a like instrument, vary the\nfirst instrument to exclude an adopted child (whether adopted under\nthis Act or otherwise) from participation in any right, benefit or\nprivilege under the instrument.\n(4) In relation to a disposition of property by a person who, or by persons\nany of whom, died before the commencement of this Act, an adoption\norder made under this Act has the same effect as if the repealed laws\nhad continued in force and the adoption order had been made under\nthose laws.\n\n(5) Nothing in section 43 or in this section affects the operation of any\nprovision in a will or other instrument (whether made or coming into\noperation before or after the commencement of this Act)\ndistinguishing between adopted children and children other than\nadopted children.\n(6) In this section:\nrepealed laws means the following Acts or the Ordinances repealed\nby any of the following Acts:\n(a) Adoption of Children Act 1965;\n(b) Adoption of Children Act 1974;\n(c) Adoption of Children (Amendment) Act 1979;\n(d) Adoption of Children (Amendment) Act 1983;\n(e) Adoption of Children (Amendment) Act 1988;\n(f) Adoption of Children (Amendment) Act 1991.\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Names of adopted child or young person","content":"45 Names of adopted child or young person\n(1) On the making of an adoption order for a child or young person, the\ncourt may change the name of the child or young person, on the\napplication of either of the adoptive parents.\n(2) In deciding the name of a child or young person, the court must\nconsider—\n(a) the best interests of the child or young person; and\n(b) the child’s or young person’s right to retain his or her name and\nidentity.\n(3) The court may approve any of the following as a family name for an\nadopted child or young person:\n(a) if both adoptive parents are known by the same family name—\nthat name;\n\n(b) the maiden name or other family name of the child’s or young\nperson’s mother;\n(c) the family name of the child’s or young person’s father;\n(d) the family name or former family name of any previous parent\nof the child or young person;\n(e) a family name formed by combining the parent’s family names\nor any previous parent’s family names.\n(4) If an adoptive parent is applying for an order to change a child’s or\nyoung person’s given name, the director-general must provide the\ncourt with a written report about—\n(a) the proposed name change; and\n(b) any exceptional circumstances; and\n(c) the best interests of the child or young person.\nNote See s 5 and s 6 for the matters that must be taken into account by a\n(5) In considering an application to change the given name of the adopted\nchild or young person, the court—\n(a) must consider the report provided under subsection (4); and\n(b) must retain the child’s or young person’s given name unless\nthere are exceptional circumstances for changing the name; and\n(c) may give the child or young person additional given names.\nExample—par (b)\nAn exceptional circumstance would be if the given name is likely to make the child\nor young person vulnerable to ridicule or teasing in every day life in Australian\nsociety.\n(6) The registrar of the court must notify the registrar-general under the\nBirths, Deaths and Marriages Registration Act 1997 if a child’s or\nyoung person’s name is changed under this section.\n\n(7) This section does not prevent the changing of any name of an adopted\nchild or young person, after the making of the adoption order, in\naccordance with the law of the Territory.\nNote The Births, Deaths and Marriages Registration Act 1997, s 19 allows\nparents to apply for a change of name of a child.\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Effect of order on domicile","content":"46 Effect of order on domicile\n(1) On the making of an adoption order, the adopted child or young\nperson acquires the domicile of the adoptive parents at the date on\nwhich the adoption order was made and after that date the child’s or\nyoung person’s domicile must be determined as if the child or young\nperson had been born to the adoptive parents.\n(2) The domicile acquired under subsection (1) by an adopted child or\nyoung person must for all purposes be taken to be also the child’s or\nyoung person’s domicile of origin.\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Distribution of property by trustee or personal","content":"47 Distribution of property by trustee or personal\nrepresentative\n(1) Despite any other provision of this Act, a trustee or personal\nrepresentative may, subject to this section, convey, transfer or\ndistribute property to or among the persons appearing to be entitled\nto the property without having ascertained whether or not an adoption\norder has been made as a consequence of which a person is or is not\nentitled to an interest in the property.\n(2) A trustee or personal representative conveying, transferring or\ndistributing property as mentioned in subsection (1) must not be liable\nto a person claiming directly or indirectly because of the making of\nan adoption order unless the trustee or personal representative had\nnotice of the claim before the time of the conveyance, transfer or\ndistribution.\n(3) Nothing in this section prejudices the right of a person to follow\nproperty into the hands of a person, other than a bona fide purchaser\nfor value without notice, who has received it.\n\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Bequest by will to unascertained adopted person","content":"48 Bequest by will to unascertained adopted person\n(1) If, under a will made after the commencement of this Act—\n(a) a disposition of property or of an interest in property (a bequest)\nis expressed to be made by the testator to a person (the\nbeneficiary) who is not named but who is described as a child\nof the testator or of a domestic partner, parent, child, brother or\nsister of the testator, being a person who was adopted by another\n(b) the personal representative of the testator is unable to ascertain\nthe name and address of the beneficiary;\nthe personal representative must give to the public trustee and\nguardian a copy of the will and a statement that he or she is unable to\nascertain the name and address of the beneficiary.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n(2) If the public trustee and guardian is given a copy of a will under\nsubsection (1), the public trustee and guardian must, in writing,\nrequest the director-general to ascertain and give to the public trustee\nand guardian the name and address of the beneficiary.\n(3) If the director-general receives a request under subsection (2), the\ndirector-general must examine the records in the possession of the\ndirector-general and, if necessary, ask a private adoption agency or\nother body or person to attempt to ascertain the name and address of\nthe beneficiary or, if the beneficiary has died, the date of the death,\nand the director-general must tell the public trustee and guardian the\nresults of the examination and enquiries.\n\n(4) If the information received from the director-general does not show\nthe name and address of the beneficiary, or shows that the beneficiary\nhas died, the public trustee and guardian must inform the personal\nrepresentative accordingly.\n(5) If the information received from the director-general shows the name\nand address of the beneficiary, the public trustee and guardian must,\nif the beneficiary has attained the age of 18 years—\n(a) find out whether the beneficiary wishes to accept the bequest;\nand\n(b) if the beneficiary does not wish to accept the bequest—inform\nthe personal representative accordingly; and\n(c) if the beneficiary does wish to accept the bequest—inform the\npersonal representative that the proceeds of the bequest should\nbe transferred to the public trustee and guardian on behalf of the\nbeneficiary; and\n(d) on receiving the proceeds of the bequest—transmit the proceeds\nto the beneficiary.\n(6) If the information received from the director-general shows the name\nand address of the beneficiary, the public trustee and guardian must,\nif the beneficiary has not attained the age of 18 years—\n(a) inform the personal representative that the proceeds of the\nbequest should be transferred to the public trustee and guardian\nto be held in trust for the beneficiary; and\n(b) hold the proceeds of the bequest in trust for the beneficiary on\nthe trusts (if any) set out in or arising under the will until the\nbeneficiary attains the age of 18 years; and\n(c) on the beneficiary attaining the age of 18 years, transfer the\nproceeds of the bequest to the beneficiary (unless the beneficiary\nthen disclaims the bequest).\n\n(7) If the personal representative transfers the proceeds of a bequest to\nthe public trustee and guardian under this section, the personal\nrepresentative is taken to have transferred the bequest to the\nbeneficiary.\n(8) If the public trustee and guardian gives to the personal representative\na written statement to the effect that the beneficiary has disclaimed a\nbequest to which the beneficiary was entitled under the will that\nstatement is, for the purpose of the administration of the estate by the\npersonal representative, conclusive evidence that the beneficiary has\ndisclaimed the bequest.\n(9) The public trustee and guardian must not, in information conveyed to\na personal representative under this section, include particulars that\nidentify or tend to identify the adopted person.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Gifts between living people","content":"49 Gifts between living people\n(1) Section 48 applies in relation to a deed executed after the\ncommencement of this Act by which a gift of money is expressed to\nbe made by a person (the donor) to a person who is not named but\nwho is described as the child of the donor or of a domestic partner,\nparent, child, brother or sister of the donor, being a person who has\nbeen adopted by another person.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n(2) In the application of section 48 because of subsection (1), that section\nhas effect as if—\n(a) a reference in that section to a will were a reference to the deed\nof gift; and\n(b) a reference in that section to the testator or to a personal\nrepresentative were a reference to the donor; and\n(c) a reference in that section to property or to an interest in property\nwere a reference to the money that is the subject of the gift.\n\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Making of order","content":"50 Making of order\n(1) On an application to the court for an adoption order, the court may\npostpone a decision on the application and make an interim order in\nfavour of the applicants for the custody of the child or young person.\n(2) An interim order may be subject to any terms and conditions relating\nto the maintenance, education and wellbeing of the child or young\nperson that the court thinks fit.\n(3) An interim order must not be made in favour of any person unless an\nadoption order in respect of the child or young person could be made\nin favour of the person.\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Duration","content":"51 Duration\n(1) Subject to subsection (2) and to section 52, an interim order remains\nin force for the period, not exceeding 1 year, that the court states in\nthe order and for any further periods that the court orders.\n(2) An interim order must not be in force for periods exceeding, in total,\n2 years.\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Discharge","content":"52 Discharge\n(1) The court may, at any time, make an order discharging an interim\norder, and may make any order for the custody of the child or young\nperson that the court thinks fit.\n(2) An interim order ceases to have effect on the making of an adoption\norder in respect of the child or young person, whether made in the\nACT, a State or another Territory.\n\nRecognition of Australian adoptions Part 4\n","sortOrder":59},{"sectionNumber":"Part 4","sectionType":"part","heading":"Recognition of Australian","content":"Part 4 Recognition of Australian\nadoptions\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Recognition of Australian adoptions","content":"53 Recognition of Australian adoptions\nAn order for the adoption of a person that was made in a State or\nanother Territory (whether before or after the commencement of this\nAct) has the same effect as an adoption order made under this Act if\nthe order—\n(a) was made in accordance with the law of the State or Territory;\nand\n(b) has not been rescinded under the law of the State or Territory.\n\n","sortOrder":61},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Intercountry and overseas","content":"Part 4A Intercountry and overseas\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Adoptions outside Australia—general","content":"54 Adoptions outside Australia—general\n(1) The adoption of a person in a country outside Australia (whether\nbefore or after the commencement of this section) does not have\neffect as an adoption for the law of the Territory, except as provided\nfor in this part.\n(2) However, nothing in this part affects any right that was acquired by,\nor became vested in, a person before the commencement of this part.\n","sortOrder":63},{"sectionNumber":"55","sectionType":"section","heading":"State central authority","content":"55 State central authority\n(1) The director-general is the State central authority for the ACT for the\npurposes of the Convention, article 6 (2).\n(2) The director-general must tell the Commonwealth central authority—\n(a) that the director-general is the State central authority for the\nACT; and\n(b) the address and functions of the State central authority for the\nACT.\n","sortOrder":64},{"sectionNumber":"56","sectionType":"section","heading":"Functions of State central authority","content":"56 Functions of State central authority\n(1) Subject to subsection (2), the State central authority for the ACT—\n(a) has all the duties of a central authority under the Convention;\nand\n(b) may exercise all of the powers of a central authority under the\n\n(2) The functions of the State central authority for the ACT do not include\nany functions that are functions of the Commonwealth central\nauthority under the Family Law (Hague Convention on Intercountry\nAdoption) Regulations 1998 (Cwlth).\n","sortOrder":65},{"sectionNumber":"Subdiv 4A","sectionType":"subdivision","heading":"2.1 Adoption under Convention","content":"Subdivision 4A.2.1 Adoption under Convention\n","sortOrder":66},{"sectionNumber":"57","sectionType":"section","heading":"Adoption in ACT of ACT child or young person by","content":"57 Adoption in ACT of ACT child or young person by\nparents from Convention country\nyoung person who is habitually resident in the ACT by a prospective\nadoptive parent or parents who are habitually resident in a\nConvention country.\nNote Convention country does not include Australia—see the Family Law\n(Hague Convention on Intercountry Adoption) Regulations 1998\n(Cwlth), reg 4.\n(2) Division 3.2 (Who can adopt?) does not apply to an adoption order\nunder this section.\n(3) In addition to the matters set out in section 39F (Deciding application\n(a) the report mentioned in section 57A has been given to the\ncentral authority of the Convention country; and\n(b) the central authority of the Convention country has agreed to the\nadoption of the child or young person; and\n(c) the central authority of the Convention country has agreed to\nrecognise the ACT adoption order as a full and permanent\nadoption order in the Convention country; and\n(d) the prospective adoptive parent or parents are present in the\nACT when the adoption order is made.\n\n(4) The court must not make the order if the child or young person is not\nallowed to leave Australia—\n(a) under a law of the Commonwealth, a State or another Territory;\nor\n(b) because of an order of a court of the Commonwealth, a State or\nanother Territory.\n","sortOrder":67},{"sectionNumber":"57A","sectionType":"section","heading":"Report on child for intercountry adoption","content":"57A Report on child for intercountry adoption\n(1) For an adoption order mentioned in section 57, the director-general\nmust prepare a written report that includes—\n(a) information about the identity, background, social environment,\nfamily and medical history of the child or young person; and\n(b) evidence that each consent required under division 3.3 has been\ngiven, or that the requirement for consent has been dispensed\nwith; and\n(c) details of the consideration given to placing the child or young\nperson for adoption in Australia and any other action that could\nbe taken to care for the child or young person in Australia; and\n(d) an assessment of whether the director-general is satisfied that\nthe child should be adopted outside Australia; and\n(e) information about the circumstances and suitability of the\nprospective adoptive parent or parents.\n(2) A copy of the report must be given to—\n(a) the court; and\n(b) the central authority of the Convention country where the\nprospective adoptive parent or parents are habitually resident.\n\n","sortOrder":68},{"sectionNumber":"57B","sectionType":"section","heading":"Adoption in ACT of child or young person from","content":"57B Adoption in ACT of child or young person from\nConvention country by ACT parents\nyoung person who is habitually resident in a Convention country by\na prospective adoptive parent or parents who are on the register of\nsuitable people.\nNote For the register of suitable people, see s 19.\n(2) In addition to the matters set out in section 39F (Deciding application\n(a) the central authority of the Convention country has agreed to the\nadoption of the child or young person; and\n(b) the child or young person is allowed to reside permanently in\nAustralia; and\n(c) the child or young person is present in the ACT when the\nadoption order is made; and\n(d) arrangements for adoption of the child or young person have\nbeen made by the director-general or a private adoption agency.\n(3) For subsection (2) (b), a child or young person is not allowed to reside\npermanently in Australia if the child or young person is affected by a\nlaw of the Commonwealth, a State or Territory, or by an order of a\nCommonwealth, State or Territory court, the effect of which is to\nprevent the child or young person permanently residing in Australia.\nNote A child entering Australia before the order is made is subject to the\nImmigration (Guardianship of Children) Act 1946 (Cwlth). See this Act,\ns 37.\n\n","sortOrder":69},{"sectionNumber":"57C","sectionType":"section","heading":"Issue of adoption compliance certificate","content":"57C Issue of adoption compliance certificate\nIf the court has made an adoption order for the adoption of a child or\nyoung person under section 57 or section 57B, the State central\nauthority for the ACT may issue an adoption compliance certificate.\nSubdivision 4A.2.2 Recognition under Convention\n","sortOrder":70},{"sectionNumber":"57D","sectionType":"section","heading":"Recognition of adoption of child or young person from","content":"57D Recognition of adoption of child or young person from\nConvention country in that country\n(a) an adoption (whether before or after the commencement of this\nsection) by a person who is habitually resident in the ACT, of a\nchild or young person who is habitually resident in a Convention\ncountry, is granted in that country; and\n(b) arrangements for adoption of the child or young person have\nbeen made by the director-general or a private adoption agency;\nand\n(c) an adoption compliance certificate issued (whether before or\nafter the commencement of this section) in the Convention\ncountry is in force for the adoption.\n(2) Subject to section 57G (Refusal to recognise adoption or decision),\nthe adoption is recognised and effective, for the law of the Territory,\non and after the day the certificate becomes effective.\n\n","sortOrder":71},{"sectionNumber":"57E","sectionType":"section","heading":"Recognition of adoption of child or young person from","content":"57E Recognition of adoption of child or young person from\nConvention country to another Convention country\n(a) an adoption (whether before or after the commencement of this\nsection) by a person who is habitually resident in a Convention\ncountry, of a child or young person who is habitually resident in\nanother Convention country, is granted; and\n(b) an adoption compliance certificate issued (whether before or\nafter the commencement of this section) in the Convention\ncountry in which the adoption is granted is in force for the\nadoption.\n(2) Subject to section 57G (Refusal to recognise adoption or decision),\nthe adoption is recognised and effective, for the law of the Territory,\non and after the day the certificate becomes effective.\n","sortOrder":72},{"sectionNumber":"57F","sectionType":"section","heading":"Effect of recognition","content":"57F Effect of recognition\n(1) Subject to subsection (2), for the law of the Territory, an adoption of\na child or young person that is recognised and effective under section\n57D or section 57E is to be treated as having the same effect as an\nadoption order made under this Act.\nNote See s 43 (General effect) and the Convention, art 26 and 27. The text of\nthe Convention is set out in sch 1.\n(2) The legal relationship between the child or young person and the\nindividuals who were, immediately before the adoption, the child’s or\nyoung person’s parents is terminated if the law of the Convention\ncountry where the adoption was granted provides that the adoption of\nthe child or young person terminates the legal relationship.\n","sortOrder":73},{"sectionNumber":"57G","sectionType":"section","heading":"Refusal to recognise adoption or decision","content":"57G Refusal to recognise adoption or decision\n(1) The director-general may apply to the court for a declaration that an\nadoption or decision made in accordance with the Convention,\narticle 27 is not recognised.\n\n(2) The court may make the declaration if satisfied that the adoption or\ndecision is manifestly contrary to public policy, taking into account\nthe best interests of the child or young person.\n(3) If the court declares that it does not recognise the adoption or\ndecision, the adoption or decision has no effect for the law of the\nTerritory.\n","sortOrder":74},{"sectionNumber":"57H","sectionType":"section","heading":"Order terminating legal relationship between child or","content":"57H Order terminating legal relationship between child or\nyoung person and parents\n(a) an adoption, by an adoptive parent who is habitually resident in\nthe ACT, of a child or young person who is habitually resident\nin a Convention country is granted in that country; and\n(b) the law of the Convention country does not provide that the\nadoption of the child or young person terminates the legal\nrelationship between the child or young person and the\nindividuals who were, immediately before the adoption, the\nchild’s or young person’s parents (the pre-adoption parents).\nNote The text of the Convention is set out in sch 1.\n(2) The director-general may, on behalf of an adoptive parent, apply to\nthe court for an order that the adoption of the child or young person\nterminates the legal relationship between the child or young person\nand the pre-adoption parents.\n(3) The director-general must give written notice of the application to the\ncentral authority of the Convention country that granted the adoption.\n(4) The court may make the order only if satisfied that—\n(a) an adoption compliance certificate issued in the Convention\ncountry is in force for the adoption; and\n\n(b) the law of the Convention country does not provide that the\nadoption of the child or young person terminates the legal\nrelationship between the child or young person and the\npre-adoption parents; and\n(c) the child or young person is allowed—\n(i) to enter Australia; and\n(ii) to reside permanently in Australia; and\n(d) notice has been given as required by subsection (3).\n(5) For subsection (4) (c), a child or young person is not allowed to enter\nor reside permanently in Australia if the child or young person is\naffected by a law of the Commonwealth, a State or Territory, or by\nan order of a Commonwealth, State or Territory court, the effect of\nwhich is to prevent the child or young person from entering or\nresiding permanently in Australia.\n","sortOrder":75},{"sectionNumber":"57I","sectionType":"section","heading":"Evidential value of adoption compliance certificate","content":"57I Evidential value of adoption compliance certificate\nSubject to section 57G (Refusal to recognise adoption or decision),\nan adoption compliance certificate issued in a Convention country is\nevidence, for the law of the Territory, that the adoption to which the\ncertificate or order relates—\n(a) was agreed to by the central authorities of the countries\nmentioned in the certificate; and\n(b) was carried out in accordance with the Convention and the law\nof that country.\n\nDivision 4A.3 Bilateral arrangements for intercountry adoptions\nDivision 4A.3 Bilateral arrangements for\nintercountry adoptions\n57J Adoption in ACT of child or young person from\nprescribed overseas jurisdiction by ACT parents\nyoung person who is habitually resident in a prescribed overseas\njurisdiction by a prospective adoptive parent or parents who are on\nthe register of suitable people.\nNote For the register of suitable people, see s 19.\n(2) In addition to the matters set out in section 39F (Deciding application\n(a) the competent authority of the prescribed overseas jurisdiction\nhas agreed to the adoption of the child or young person; and\n(b) the child or young person is allowed to reside permanently in\nAustralia; and\n(c) the child or young person is present in the ACT when the\nadoption order is made; and\n(d) arrangements for adoption of the child or young person have\nbeen made by the director-general or a private adoption agency.\n(3) For subsection (2) (b), a child or young person is not allowed to reside\npermanently in Australia if the child or young person is affected by a\nlaw of the Commonwealth, a State or Territory, or by an order of a\nCommonwealth, State or Territory court, the effect of which is to\nprevent the child or young person permanently residing in Australia.\nNote 1 A child entering Australia before the order is made is subject to the\nImmigration (Guardianship of Children) Act 1946 (Cwlth) see this Act,\ns 37.\nNote 2 Prescribed overseas jurisdiction—see the dictionary.\n\nRecognition of other overseas adoptions Division 4A.4\n","sortOrder":76},{"sectionNumber":"57K","sectionType":"section","heading":"Evidential value of adoption compliance certificate—","content":"57K Evidential value of adoption compliance certificate—\ndiv 4A.3\nAn adoption compliance certificate issued in a prescribed overseas\njurisdiction, or an adoption order certified by the competent authority\nof a prescribed overseas jurisdiction as having been made in\naccordance with the law of that country, is evidence, for the law of\nthe Territory, that the adoption to which the certificate or order relates\nwas carried out in accordance with the law of the prescribed overseas\njurisdiction.\n","sortOrder":77},{"sectionNumber":"Div 4A","sectionType":"division","heading":"4 Recognition of other overseas","content":"Division 4A.4 Recognition of other overseas\nadoptions\n","sortOrder":78},{"sectionNumber":"57L","sectionType":"section","heading":"Recognition of adoption order made outside Australia","content":"57L Recognition of adoption order made outside Australia\n(1) This section applies to an order for the adoption of a person that was\nmade (whether before or after the commencement of this section) in\na country outside Australia if, when the legal steps that resulted in the\nadoption were commenced, the adoptive parent or parents—\n(a) had been resident in a country outside Australia for 1 year or\nmore; or\n(b) were domiciled in a country outside Australia.\n(2) An order for the adoption of a person to which this section applies has\nthe same effect as an adoption order made under this Act if—\n(a) the adoption is in accordance with and has not been rescinded\nunder the law of the country outside Australia where the\nadoption order was made; and\n(b) in consequence of the adoption, the adoptive parent or parents,\nunder the law of that country, have a right superior to that of the\nadopted person’s birth parents in relation to the care of the\nadopted person; and\n\nDivision 4A.4 Recognition of other overseas adoptions\n(c) under the law of that country, the adoptive parent or parents\nwere, because of the adoption, placed generally in relation to the\nadopted person in the position of a parent or parents.\n(3) Despite subsection (2), a court (including a court dealing with an\napplication under section 57M) may refuse to recognise an adoption\nunder this section if it appears to the court that the procedure\nfollowed, or the law applied, in connection with the adoption\ninvolved a denial of natural justice or did not comply with the\nrequirements of substantial justice.\n(4) A court that refuses to recognise an adoption may, when refusing or\nlater, give leave to the applicant to seek an order for the adoption of\nthe person concerned.\n(5) In any proceeding before a court (including a proceeding under\nsection 57M), it is to be presumed unless the contrary appears from\nthe evidence, that an order for the adoption of a person that was made\nin a country outside Australia complies with subsection (1).\n(6) This section does not affect any right that was acquired by, or became\nvested in, a person before the commencement of this section.\n","sortOrder":79},{"sectionNumber":"57M","sectionType":"section","heading":"Declaration of validity of adoption order made outside","content":"57M Declaration of validity of adoption order made outside\nAustralia\n(1) Any of the parties to an adoption order made in a country outside\nAustralia may apply to the court for a declaration that the order\ncomplies with section 57L.\n(2) On an application under this section, the court may—\n(a) direct that notice of the application be given to the people\n(including the Attorney-General) that the court thinks fit; or\n(b) direct that a person be made a party to the application; or\n(c) permit a person having an interest in the matter to intervene in,\nand become a party to, the proceeding.\n\nRecognition of other overseas adoptions Division 4A.4\n(3) If the court makes a declaration under this section, it may include in\nthe declaration the particulars in relation to the adoption, the adopted\nperson and the adoptive parent or parents that the court finds to be\nestablished.\n(4) For the law of the Territory, a declaration under this section binds—\n(a) the Territory, whether or not notice was given to the\nAttorney-General; and\n(b) a person who was a party to the proceeding for the declaration\nor a person claiming through a party to the proceeding; and\n(c) a person to whom notice of the application for the declaration\nwas given or a person claiming through a person given notice.\n(5) For the law of the Territory, a declaration under this section does not\naffect—\n(a) the rights of a person not mentioned in subsection (4); or\n(b) an earlier judgment, order or decree of a court or other body of\ncompetent jurisdiction.\n(6) In a proceeding in a court of the Territory, the production of a certified\ncopy of a declaration made under this section is evidence—\n(a) of the facts stated in, and the matters appearing from, the order\nmentioned in subsection (1); and\n(b) that the adoption complies with section 57L.\n\n","sortOrder":80},{"sectionNumber":"58","sectionType":"section","heading":"Definitions—pt 5","content":"58 Definitions—pt 5\nIn this part:\nadoptive relative means a person who is a relative within the meaning\nof this Act as a consequence of an adoption.\nassociated person, in relation to an adoption, means—\n(a) the adopted person; or\n(b) an adoptive parent; or\n(c) a birth parent or relative of the adopted person; or\n(d) a child or other descendant of the adopted person.\nbirth parent, of an adopted person, includes anyone who was a\nguardian of the person before the person was adopted.\nbirth relative, of an adopted person, means a person who—\n(a) was a relative of the person before the person was adopted; or\n(b) would have been a relative of the person if the adoption had not\ntaken place.\nidentifying information, in relation to an adoption, means—\n(a) a copy of, or an extract from, an entry in a register of births\nrelating to the adopted person; or\n(b) information from which a birth parent, a birth relative or the\nadopted person may be identified (other than information that\nconsists of the address of a place of residence).\n\nGeneral Division 5.1\ninformation means identifying information or non-identifying\ninformation (not being personal, sexual or medical information of a\nprescribed kind).\nrelevant authority, in relation to information, means—\n(a) the director-general; or\n(b) if the information is contained in records in the possession or\nunder the control of a private adoption agency—that agency; or\n(c) if the director-general has declared in writing that a private\nadoption agency is for the time being the relevant authority for\nthis part in relation to that kind of information—that agency.\n","sortOrder":81},{"sectionNumber":"59","sectionType":"section","heading":"Application—pt 5","content":"59 Application—pt 5\n(1) The provisions of this part (other than section 70 and section 71)\napply in relation to an adoption whether the adoption order was made\nbefore or after the commencement of this Act.\n(2) Section 70 and section 71 apply in relation to an adoption only if the\nadoption order was made—\n(a) before the commencement of this Act; or\n(b) after the commencement of this Act but before the\ncommencement of the Adoption Amendment Act 2009 (No 2).\n(3) If an adopted person is ordinarily resident in the ACT, the provisions\nof this part apply in relation to the adoption of the person whether the\nadoption order was made in the ACT or elsewhere.\n","sortOrder":82},{"sectionNumber":"60","sectionType":"section","heading":"Confidentiality of records","content":"60 Confidentiality of records\n(1) Except as provided in this part—\n(a) records in the possession or under the control of the\ndirector-general or a private adoption agency relating to an\nadoption; or\n\n(b) the records of the court (other than an order or decision of the\ncourt) relating to proceedings on an application for an adoption\norder; or\n(c) an entry in the register of births relating to the birth of an adopted\nperson, or a copy of, or extract from, such an entry;\nmust not be made available to, or be open to inspection by, any\n(2) Subsection (1) does not operate to prevent a person whose duties\nrequire it, from obtaining access to information if it is necessary to do\nso for the administration of this Act.\n","sortOrder":83},{"sectionNumber":"61","sectionType":"section","heading":"Records of adoptions","content":"61 Records of adoptions\n(1) The director-general must maintain records—\n(a) for each adoption negotiated or arranged by or for the\ndirector-general; or\n(b) given to the director-general under subsection (2).\n(2) A private adoption agency must—\n(a) maintain records for each adoption negotiated or arranged by it;\nand\n(b) as soon as practicable after an adoption order has been made\nfollowing such negotiations or arrangements, give the\ndirector-general the prescribed particulars concerning the\npersons associated with the application for the order.\n(3) For subsection (2), the associated people are the adopted person, an\nadoptive parent, a birth parent and the person who made the report\nmentioned in section 39D.\n(4) A regulation may provide for the length of time for which, and the\nmanner in which, records are to be maintained for subsection (1)\nor (2).\n\nGeneral Division 5.1\n","sortOrder":84},{"sectionNumber":"62","sectionType":"section","heading":"Provision of information","content":"62 Provision of information\n(a) the director-general receives an application for information\nunder this part; and\n(b) the director-general is satisfied that the applicant is a person\nwho, in accordance with this part, is entitled to access to, and to\napply for, that information;\nthe director-general must—\n(c) if that information is contained in records in the possession or\nunder the control of the director-general —give that information\nto the applicant; and\n(d) if the information is, to the director-general’s knowledge,\ncontained in records in the possession or under the control of a\nrelevant authority—\n(i) request the authority to—\n(A) give the information to the director-general; or\n(B) if the application so requests—give the information to\nthe applicant; and\n(ii) if the information is received by the director-general from\nthe authority—give that information to the applicant; or\n(e) if the information is not contained in any records mentioned in\nparagraph (c) or (d)—\n(i) make any enquiries that are reasonable in the\ncircumstances of the case in an endeavour to obtain the\ninformation; and\n(ii) on obtaining the information, give it to the applicant.\n\n(2) Subsection (1) must not be taken to require the director-general to\ngive information, to make enquiries or requests or to do any other act\nunless any fee or charge payable under a law of the Territory, a State\nor another Territory for searching for or giving information of that\nkind has been paid.\n(3) If—\n(a) the registrar-general receives an application for information\nunder this part; and\n(b) the registrar-general is satisfied that the applicant is a person\nwho, in accordance with this part, is entitled to access to, and to\napply for, that information;\nthe registrar-general must, on payment of the fee determined for the\nBirths, Deaths and Marriages Registration Act 1997, section 43 cause\na search to be made in the register of births and issue to the\napplicant—\n(c) a copy of, or an extract from, the relevant entry and, if requested,\nan integrated birth certificate; or\n(d) a notification of the result of the search.\n(4) In this section:\nintegrated birth certificate—see the Births, Deaths and Marriages\nRegistration Act 1997, section 45 (4).\n","sortOrder":85},{"sectionNumber":"63","sectionType":"section","heading":"Right of access","content":"63 Right of access\nSubject to this division, an associated person is entitled to access to,\nand to apply for information, other than identifying information,\nabout an adoption.\n\n","sortOrder":86},{"sectionNumber":"64","sectionType":"section","heading":"Protection of privacy","content":"64 Protection of privacy\n(1) A person is not, because of this division, entitled to personal\ninformation relating to another person (whether alive or dead).\n(2) In subsection (1):\npersonal information means information or an opinion, whether true\nor not, and whether recorded in a material form or not, about an\nindividual whose identity is apparent, or can reasonably be\nascertained, from the information or opinion.\n","sortOrder":87},{"sectionNumber":"65","sectionType":"section","heading":"Medical information","content":"65 Medical information\nIf, under this division, information about the medical or psychiatric\ncondition of an applicant for that information or of a birth parent, birth\nrelative or child of the applicant, may be disclosed, the relevant\nauthority may, if the authority considers that the disclosure might be\nprejudicial to the physical or mental health or wellbeing of the\napplicant, refuse to disclose the information to the applicant\npersonally and instead may disclose it (without identifying a person\nother than the applicant) to a medical practitioner nominated by the\napplicant and approved by the authority.\n","sortOrder":88},{"sectionNumber":"66","sectionType":"section","heading":"Right of access","content":"66 Right of access\nSubject to this division, an associated person is entitled to access to,\nand to apply for, identifying information about an adoption.\n","sortOrder":89},{"sectionNumber":"67","sectionType":"section","heading":"Recipient of application","content":"67 Recipient of application\n(1) An application under section 66 must be made to—\n(a) if the information sought consists of a copy of, or an extract\nfrom, an entry in the register of births—the registrar-general;\nand\n(b) in any other case—the director-general.\n\n(2) On receiving an application under subsection (1), the\nregistrar-general must notify the director-general in writing\naccordingly.\n","sortOrder":90},{"sectionNumber":"68","sectionType":"section","heading":"Restriction on entitlement to apply","content":"68 Restriction on entitlement to apply\n(1) An adopted person who has not attained the age of 18 years is not\nentitled to identifying information unless approval in writing has been\nobtained from each adoptive parent and each birth parent.\n(2) Subsection (1) does not apply if—\n(a) an adoptive parent is a step-parent; and\n(b) the information sought consists of a copy of, or an extract from,\nan entry in the register of births.\n(3) A birth parent of an adopted person who has not attained the age of\n18 years is not entitled to identifying information unless approval in\nwriting has been obtained from each adoptive parent.\n(4) A birth relative of an adopted child is not entitled to identifying\ninformation unless—\n(a) if the information sought consists of a copy of, or an extract\nfrom, an entry in the register of births relating to the period\nbefore the person’s adoption—the applicant can demonstrate\nthat he or she knows the names of each birth parent of the person\nwho is named in the register; and\n(b) if the adopted person has not attained the age of 18 years—\napproval in writing has been obtained from each adoptive\nparent.\n(5) An adoptive parent of an adopted person who has not attained the age\nof 18 years is not entitled to identifying information unless approval\nin writing has been obtained from each birth parent.\n\n(6) Despite subsections (1) to (5) the approval of a person is not required\nfor this division if the director-general or the registrar-general, as the\ncase requires, is satisfied that—\n(a) the person is dead; or\n(b) the location of the person is not known and could not with\nreasonable enquiries be ascertained.\n(7) The director-general may withhold information from a birth parent if\nthe director-general believes, on reasonable grounds, that the person\nhas been subjected to sexual or physical abuse from that birth parent.\n","sortOrder":91},{"sectionNumber":"69","sectionType":"section","heading":"Assistance in obtaining approval","content":"69 Assistance in obtaining approval\nOn receiving—\n(a) an application for identifying information; or\n(b) a notification under section 67 (2) in relation to such an\napplication;\nthe director-general must, at the request of the applicant, on his or her\nbehalf seek to obtain from each person whose approval is required\napproval in writing to the information being provided.\n","sortOrder":92},{"sectionNumber":"70","sectionType":"section","heading":"Objection to contact—adoptions before Adoption","content":"70 Objection to contact—adoptions before Adoption\nAmendment Act 2009 (No 2)\nNote This section applies in relation to an adoption order only if the adoption\norder was made before the commencement of the Adoption Amendment\nAct 2009 (No 2) (see this Act, s 59 (2)).\n(1) An objection to contact (an objection) may be made by—\n(a) an adopted person who is at least 17 years and 6 months old; or\n(b) an adoptive parent; or\n(c) a birth relative who is at least 18 years old; or\n(d) an adoptive relative who is at least 18 years old; or\n\n(e) a child or other descendant of an adopted person, being a child\nor other descendant, who is at least 18 years old; or\n(f) a birth parent.\n(2) An objection—\n(a) must state the person or a class of people (each of whom is an\nassociated person) to whom the objection relates; and\n(b) must be made by notice in writing lodged with the\ndirector-general; and\n(c) continues in force until revoked by notice in writing lodged with\nthe director-general, by the person who made the objection.\n(3) If the director-general receives an objection or revocation, the\ndirector-general must enter the particulars in the contact veto register.\n(4) An objection made by a person who is under 18 years old takes effect\nwhen the person turns 18 years old.\n","sortOrder":93},{"sectionNumber":"71","sectionType":"section","heading":"Contact veto by person other than adopted person—","content":"71 Contact veto by person other than adopted person—\nadoptions before Adoption Amendment Act 2009 (No 2)\nNote This section applies in relation to an adoption order only if the adoption\norder was made before the commencement of the Adoption Amendment\nAct 2009 (No 2) (see s 59 (2)).\n(1) A contact veto may be lodged by a parent on behalf of a person who\nis under 18 years old if—\n(a) the person is not an adopted person; and\n(b) the person would be entitled to lodge an objection on turning 18\nyears old.\n(2) A contact veto lodged under subsection (1) remains in force until—\n(a) the parent who lodged the objection revokes it; or\n(b) the person on whose behalf the objection was lodged turns\n18 years old.\n\n(3) A person may lodge a contact veto if the person—\n(a) is not an adopted person; and\n(b) is at least 17 years and 6 months old.\n(4) A contact veto lodged under subsection (3) comes into effect when\nthe person turns 18 years old.\n","sortOrder":94},{"sectionNumber":"72","sectionType":"section","heading":"Counselling services","content":"72 Counselling services\n(1) The director-general must not give a document or information to an\napplicant stated in, or included in a class of persons stated in, a contact\nveto under this part unless the applicant has attended an interview\nwith an approved counsellor.\n(2) If the director-general receives an application under this part from an\napplicant mentioned in subsection (1), the director-general must tell\nthe applicant in writing of the place or places where counselling\nservices are available and that information cannot be given under this\npart unless the applicant has attended an interview with an approved\ncounsellor.\n(3) This section does not apply if the director-general is satisfied that the\nadopted person and another person mentioned in the original birth\ncertificate relating to the adopted person have already exchanged\ninformation that may identify that birth parent or a birth relative of\nthe adopted person.\n(4) The director-general may approve a person as a counsellor for this\nAct.\n(5) An approval is a notifiable instrument.\n\n(6) The director-general must not approve a person as a counsellor under\nsubsection (4) unless the person has, in the opinion of the\ndirector-general, the qualifications and experience appropriate for a\ncounsellor for this Act.\nNote An objection to contact under s 70 may be made in relation to an adoption\nonly if the adoption order was made before the commencement of the\nAdoption Amendment Act 2009 (No 2).\n","sortOrder":95},{"sectionNumber":"73","sectionType":"section","heading":"Declaration that contact not be attempted","content":"73 Declaration that contact not be attempted\n(a) a person stated in, or included in a class of people stated in, an\nobjection to contact or contact veto requests information under\nsection 67 (1); and\n(b) an objection to contact or contact veto has been made under\nsection 70 or section 71; and\n(c) the objection to contact or contact veto has not been revoked.\nNote An objection to contact under s 70 and a contact veto under s 71 may only\nbe made in relation to an adoption order made before the commencement\nof the Adoption Amendment Act 2009 (No 2).\n(2) The director-general must not divulge the information unless the\nperson requesting the information—\n(a) has attended a counselling service under section 72; and\n(b) signs a declaration that he or she will not—\n(i) contact or attempt to contact the person who lodged the\nobjection; or\n(ii) arrange or attempt to arrange contact with that person; or\n(iii) procure another person to contact, attempt to contact, or\nattempt to arrange contact with, that person.\n\n","sortOrder":96},{"sectionNumber":"74","sectionType":"section","heading":"Birth details of adopted person born overseas","content":"74 Birth details of adopted person born overseas\nWhen an adopted person who was—\n(a) born outside Australia; and\n(b) brought to Australia for adoption in Australia;\nattains the age of 18 years, the director-general must, at the request of\nthe adopted person, give the person a copy of his or her birth\ncertificate or any other information that is available from the records\nof the appropriate authority in the person’s country of origin.\n","sortOrder":97},{"sectionNumber":"75","sectionType":"section","heading":"Application to court in absence of consent","content":"75 Application to court in absence of consent\n(a) a person would, under this division, be entitled to identifying\ninformation with the approval in writing of another person; and\n(b) that other person has refused to give that approval;\nthe first person may apply to the court for an order under\nsubsection (3).\n(2) On an application under subsection (1), the court may request the\ndirector-general to investigate the matter and to provide a written\n(3) The court may, if of the opinion that there are circumstances that\njustify the order, make an order declaring that the applicant is entitled\nto access to, and to apply for, the identifying information specified in\nthe order.\n(4) If the court makes an order under subsection (3), the applicant for the\norder is, for section 62, taken to be entitled to access to, and to apply\nfor, identifying information of the kind stated in the order.\n\n","sortOrder":98},{"sectionNumber":"76","sectionType":"section","heading":"Other person’s right to information","content":"76 Other person’s right to information\n(1) A person who is not entitled under any other provision of this part to\naccess to, and to apply for, information may apply to the court for an\norder under subsection (3).\n(2) An application under subsection (1) must be accompanied by a report\nfrom the director-general.\n(3) On an application under subsection (1), the court may, after\nconsidering the report mentioned in subsection (2) and if of the\nopinion that there are circumstances that justify the order, make an\norder declaring that the applicant is entitled to access to, and to apply\nfor, the information stated in the order.\n(4) If the court makes an order under subsection (3), the applicant for the\norder is, for the purposes of section 60 (1), taken to be entitled to\naccess to, and to apply for, information of the kind stated in the order.\n","sortOrder":99},{"sectionNumber":"77","sectionType":"section","heading":"Family information service","content":"77 Family information service\n(1) The Minister must establish and maintain within the relevant\nadministrative unit a service to be known as the family information\nservice.\n(2) The director-general is responsible for the administration of the\nservice.\n(3) The function of the service is to—\n(a) advise people about the provisions of this part; and\n(b) make arrangements for the provision of counselling in relation\nto applications under this part; and\n(c) supervise the taking of and keep declarations made under\nsection 73; and\n(d) receive applications for information under this part; and\n\n(e) subject to and in accordance with this part, facilitate the\nprovision of information to a person whose name is entered in\nthe adoption information register maintained under section 78.\n","sortOrder":100},{"sectionNumber":"78","sectionType":"section","heading":"Adoption information register","content":"78 Adoption information register\n(1) The director-general must establish and maintain an adoption\ninformation register.\n(2) The register must contain—\n(a) the names and addresses of—\n(i) adopted persons; and\n(ii) birth parents of adopted persons; and\n(iii) birth relatives of adopted persons; and\n(iv) adoptive parents;\nwho have, in writing, requested the director-general to enter\ntheir names and addresses in the register; and\n(b) in relation to each person so registered, notations recording the\nwishes of any such person about to—\n(i) obtaining identifying information about, or contacting or\nproviding information to; or\n(ii) whether or not to release the name, address or any\ninformation about the person to;\nanother person whose name is, or may in the future be, entered\nin the adoption information register.\n(3) The director-general must, on the written request of a person whose\nname is entered in the adoption information register, amend or cancel\nthe entry relating to that person.\n\n","sortOrder":101},{"sectionNumber":"79","sectionType":"section","heading":"Contact veto register","content":"79 Contact veto register\n(1) The director-general must establish and maintain a contact veto\nregister .\n(2) The register must contain—\n(a) the name of each person who has duly lodged a contact veto;\nand\n(b) the address nominated by the person as the address at which any\npersonal or postal contact by the director-general with the\nperson should be made; and\n(c) the date and place of birth of the person; and\n(d) the persons or class of persons in relation to whom an objection\nunder section 70 or 71 has been lodged; and\n(e) the name and address of each person who has duly requested\nunder this Act that he or she be notified of the cancellation or\nvariation of a contact veto.\n","sortOrder":102},{"sectionNumber":"80","sectionType":"section","heading":"Reunion information register","content":"80 Reunion information register\n(1) The director-general must establish a reunion information register.\n(2) The director-general must enter in the register the name of every\nperson who has duly applied for entry of his or her name in the\nregister with a view to a reunion with a person from whom he or she\nhas been separated as a consequence of an adoption.\n\nPrivate adoption agencies Part 6\n","sortOrder":103},{"sectionNumber":"81","sectionType":"section","heading":"Application for approval","content":"81 Application for approval\n(1) A charitable organisation desiring to conduct negotiations and make\narrangements for the adoption of children or young people may apply\nin writing to the director-general for approval as a private adoption\nagency.\n(2) An application under subsection (1) must state the name of a person\nappointed by the organisation to be its principal officer in the\nTerritory for this Act.\n","sortOrder":104},{"sectionNumber":"82","sectionType":"section","heading":"Grant or refusal of approval","content":"82 Grant or refusal of approval\n(1) The director-general may grant or refuse to grant the approval sought\nin the application under section 81 (1).\n(2) Without limiting subsection (1), the director-general must refuse the\napproval sought if it appears to the director-general that the applicant\nis—\n(a) not a charitable organisation; or\n(b) not suited to conducting negotiations and making arrangements\nfor the adoption of children or young people.\n(3) For subsection (2), the director-general must have regard to—\n(a) the qualifications, experience, character and number of\npersons—\n(i) taking part, or proposing to take part, in the management\nor control of the organisation; or\n(ii) who would, on behalf of the organisation, conduct the\nnegotiations or make the arrangements if the approval were\ngranted; and\n(b) any other relevant considerations.\n\n","sortOrder":105},{"sectionNumber":"83","sectionType":"section","heading":"Change in principal officer","content":"83 Change in principal officer\n(1) If a vacancy occurs in the position of principal officer for a private\nadoption agency, the agency must, within 7 days—\n(a) appoint a person resident in the ACT as its principal officer in\nthe ACT for this Act; and\n(b) notify the director-general in writing accordingly.\n(2) A person ceases to be the principal officer of a private adoption\nagency for this Act if the person ceases to be resident in the ACT.\n","sortOrder":106},{"sectionNumber":"84","sectionType":"section","heading":"Effect of action by principal officer","content":"84 Effect of action by principal officer\n(1) Any act or thing done by the principal officer of a private adoption\nagency for this Act is, for this Act, taken to have been done by the\nprivate adoption agency.\n(2) Subsection (1) must not be taken to affect any personal liability of a\nprincipal officer for any act or thing done.\n","sortOrder":107},{"sectionNumber":"85","sectionType":"section","heading":"Revocation or suspension of approval","content":"85 Revocation or suspension of approval\n(1) The director-general may, by written notice served on the principal\nofficer of a private adoption agency, revoke or suspend the approval\nof the agency under this part—\n(a) at the request of the agency; or\n(b) on the ground that the agency—\n(i) is no longer suitable to conduct negotiations and make\narrangements with a view to the adoption of children or\nyoung people; or\n(ii) has contravened a provision of this part or the regulations.\n(2) For subsection (1) (b) (i), the director-general must have regard to the\nmatters specified in section 82 (3).\n\nPrivate adoption agencies Part 6\n","sortOrder":108},{"sectionNumber":"86","sectionType":"section","heading":"Effect of cessation of approved agency","content":"86 Effect of cessation of approved agency\nIf a charitable organisation ceases to be approved as a private\nadoption agency—\n(a) all records and other documents held by it or under its control\nrelating to the conduct of negotiations or the making of\narrangements of adoptions become the property of the\ndirector-general; and\n(b) if the principal officer of the organisation was, immediately\nbefore the cessation, the guardian of a child or young person\nunder this Act—the director-general becomes the guardian of\nthat child or young person on the cessation; and\n(c) the negotiations or arrangements being undertaken by the\norganisation immediately before the cessation may be continued\nby the director-general.\n","sortOrder":109},{"sectionNumber":"87","sectionType":"section","heading":"Requirements for private adoption agencies","content":"87 Requirements for private adoption agencies\nA regulation may prescribe requirements to be observed, and\nfacilities to be provided, by private adoption agencies, including\nrequirements about the qualifications and experience of persons\nacting for or on behalf of private adoption agencies.\n\n","sortOrder":110},{"sectionNumber":"88","sectionType":"section","heading":"Territorial application of pt 7","content":"88 Territorial application of pt 7\nThis part does not apply to acts occurring outside the ACT but, except\nto the extent to which the contrary intention appears, does apply to\nacts done in the ACT in relation to the adoption of children or young\npeople in, or children or young people adopted in, a State, another\nTerritory or another country.\n","sortOrder":111},{"sectionNumber":"89","sectionType":"section","heading":"Taking away etc of adopted child or young person by","content":"89 Taking away etc of adopted child or young person by\nbirth parent\nA person who was a parent or guardian of a child or young person but\nhas, because of an adoption of the child or young person, ceased to\nbe the parent or guardian of the child or young person must not take,\nlead, entice or decoy the child or young person away, or detain the\nchild or young person with intent to deprive the adoptive parents of\nthe custody of the child or young person.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n","sortOrder":112},{"sectionNumber":"90","sectionType":"section","heading":"Receiving or harbouring child or young person","content":"90 Receiving or harbouring child or young person\nA person must not receive or harbour a child or young person on\nbehalf of a person who, to his or her knowledge, has contravened\nsection 89.\n\n","sortOrder":113},{"sectionNumber":"91","sectionType":"section","heading":"Interfering with upbringing of child or young person","content":"91 Interfering with upbringing of child or young person\nA person who was a parent or guardian of a child or young person but\nhas, because of an adoption of the child or young person, ceased to\nbe the parent or guardian of the child or young person must not—\n(a) interfere in or influence the upbringing of the child or young\nperson or the relationship between the child or young person and\nthe adoptive parents; or\n(b) except if an adoptive parent is a birth relative of the child or\nyoung person or a step-parent—otherwise than in accordance\nwith the approval of the director-general or with division 3.7,\ncommunicate in any way with—\n(i) the child or young person until he or she attains the age of\n18 years; or\n(ii) a person who, to his or her knowledge, is an adoptive\nparent of the child or young person.\n","sortOrder":114},{"sectionNumber":"92","sectionType":"section","heading":"Approval of communications","content":"92 Approval of communications\nThe director-general—\n(a) must not approve a communication for section 91 (b) without\nthe consent of the adoptive parents; and\n(b) may approve the communication generally or subject to\nspecified conditions and restrictions.\n\n","sortOrder":115},{"sectionNumber":"93","sectionType":"section","heading":"Director-general’s report for prosecution","content":"93 Director-general’s report for prosecution\nIn proceedings for an offence against section 91 (b), a court must—\n(a) require the director-general to give a written report about the\ncircumstances of the alleged communication; and\n(b) consider that report.\n","sortOrder":116},{"sectionNumber":"94","sectionType":"section","heading":"Payments in consideration of adoptions etc","content":"94 Payments in consideration of adoptions etc\n(1) Subject to this section, a person must not (whether before or after the\nbirth of the child or young person concerned) make, give or receive,\nor agree to make, give or receive, a payment or reward for or in\nconsideration of—\n(a) the adoption or proposed adoption of a child or young person;\nor\n(b) the signing of an instrument of consent to the adoption of a child\nor young person; or\n(c) the transfer of the custody or control of a child or young person\nwith a view to the adoption of the child or young person; or\n(d) the conduct of negotiations or the making of arrangements with\na view to the adoption of a child or young person.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n(2) Subsection (1) does not apply in relation to any of the following\npayments or rewards in connection with an adoption or proposed\nadoption:\n(a) a payment of legal expenses;\n\n(b) a payment made by an adoptive parent, with the approval in\nwriting of the director-general or with the approval of the court,\nfor the hospital and medical expenses reasonably incurred in\nconnection with the birth of the child or the antenatal or\npostnatal care and treatment of the mother or the child;\n(c) any other payment or reward authorised by the director-general\nor by the court.\n(3) Subsection (1) does not apply in relation to a payment or reward in\nconnection with an adoption or proposed adoption under a law of a\nState or another Territory if making the payment or giving the reward,\nor agreeing to make the payment or give the reward, would have been\nlawful if it had taken place in that State or other Territory.\n","sortOrder":117},{"sectionNumber":"95","sectionType":"section","heading":"Unauthorised arrangements for adoption","content":"95 Unauthorised arrangements for adoption\n(1) A person other than the director-general or a person acting on behalf\nof the director-general or a private adoption agency must not—\n(a) conduct negotiations or make arrangements with another person\nwith a view to the adoption of a child or young person by that\nother person; or\n(b) except in accordance with arrangements made by or for the\ndirector-general or a private adoption agency—\n(i) transfer, or cause to be transferred, the possession, custody\nor control of a child or young person to another person with\na view to the adoption of the child or young person by that\nother person; or\n(ii) receive possession, custody or control of a child or young\nperson with a view to adopting the child or young person.\n\n(2) Subsection (1) does not apply in relation to anything done by or on\nbehalf of a parent, guardian or relative of a child or young person with\na view to the adoption of the child or young person by a relative of\nthe child or young person, or by 2 persons 1 of whom is a parent or\nrelative of the child or young person.\n","sortOrder":118},{"sectionNumber":"96","sectionType":"section","heading":"Unauthorised advertising","content":"96 Unauthorised advertising\n(1) Subject to this section, a person must not publish, or cause to be\npublished, by electronic or print media or any other means, any\nadvertisement or other matter indicating (whether or not in relation to\na particular child or young person) that—\n(a) a parent or guardian of a child or young person wishes to have\nthe child or young person adopted; or\n(b) a person wishes to adopt a child or young person; or\n(c) a person is willing to make arrangements with a view to the\nadoption of a child or young person.\n(2) Subsection (1) does not apply in relation to an advertisement or other\nmatter that has been approved by the director-general.\n","sortOrder":119},{"sectionNumber":"97","sectionType":"section","heading":"Restriction on publication of identity of parties","content":"97 Restriction on publication of identity of parties\n(1) Subject to this section, a person must not publish, or cause to be\npublished, by electronic or print media or any other means, in relation\nto—\n(a) an application for an adoption order or for a corresponding order\nunder a law of a State or another Territory; or\n(b) the proceedings on such an application; or\n\n(c) any legal steps taken preparatory to or consequent on such an\napplication;\nthe name of an applicant, the child or young person, or a parent or\nguardian of the child or young person, or any matter reasonably likely\nto allow any of those persons to be identified.\n(2) Subsection (1) does not apply in relation to the publication of any\nmatter with the authorisation of the court to which the application was\nmade.\n(3) An authorisation for subsection (2) must not be given unless the court\nis satisfied that publication will not operate to the prejudice of any\nperson and that it is otherwise in the interests of justice to give the\nauthorisation.\n","sortOrder":120},{"sectionNumber":"99","sectionType":"section","heading":"Personation of person whose consent to adoption is","content":"99 Personation of person whose consent to adoption is\nrequired\nA person must not personate or falsely represent himself or herself to\nbe a person whose consent to the adoption of a child or young person\nis required under this Act or under a law of a State or another\nTerritory.\n\n","sortOrder":121},{"sectionNumber":"100","sectionType":"section","heading":"Presenting consent obtained by fraud etc","content":"100 Presenting consent obtained by fraud etc\nA person must not present, or cause to be presented, to the court in\nconnection with an application for an adoption order a document\npurporting to be an instrument of consent to the adoption signed by a\nperson whose consent to the adoption is required under this Act if the\nsignature to the document was, to the knowledge of the first person,\nobtained by fraud, duress or other improper means.\n","sortOrder":122},{"sectionNumber":"101","sectionType":"section","heading":"Improperly witnessing consent","content":"101 Improperly witnessing consent\nA person must not subscribe his or her name as a witness to the\nsignature of a person on an instrument of consent unless—\n(a) he or she is satisfied that the person who signed the instrument\nis a parent or guardian of the child or young person; and\n(b) he or she takes reasonable steps to satisfy himself or herself that\nthe person who signed the instrument understands the effect of\nthe consent; and\n(c) the instrument bears the date on which it is signed by that person.\n\nNotification and review of decisions Part 7A\n","sortOrder":123},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Notification and review of","content":"Part 7A Notification and review of\ndecisions\n","sortOrder":124},{"sectionNumber":"102","sectionType":"section","heading":"Meaning of reviewable decision—pt 7A","content":"102 Meaning of reviewable decision—pt 7A\nIn this part:\nreviewable decision means a decision prescribed by regulation.\n","sortOrder":125},{"sectionNumber":"103","sectionType":"section","heading":"Reviewable decision notices","content":"103 Reviewable decision notices\n(1) If a person makes a reviewable decision, the person must give a\nreviewable decision notice only to each entity prescribed by\nregulation in relation to the decision.\n(2) If a child or young person is prescribed by regulation for\nsubsection (1), the director-general must give a reviewable decision\nnotice to the child or young person only if the director-general\nconsiders it is appropriate to give the notice to the child or young\nperson having regard to the child’s or young person’s age.\n","sortOrder":126},{"sectionNumber":"103A","sectionType":"section","heading":"Applications for review","content":"103A Applications for review\nAn entity prescribed by regulation in relation to a reviewable decision\nmay apply to the ACAT for review of the decision.\n\n","sortOrder":127},{"sectionNumber":"104","sectionType":"section","heading":"Registration of orders","content":"104 Registration of orders\n(1) The registrar of the Supreme Court must send the following to the\nregistrar-general:\n(a) a memorandum of each adoption order;\n(b) a copy of each order discharging an adoption order.\n(2) On receiving a memorandum or copy of an order under\nsubsection (1), the registrar-general must—\n(a) register it, as prescribed, in the register of adoptions; and\n(b) if it relates to a person whose birth is registered in the register of\nbirths—make any alterations to, or entries in, that register that\nare prescribed.\n","sortOrder":128},{"sectionNumber":"105","sectionType":"section","heading":"Memoranda of orders interstate","content":"105 Memoranda of orders interstate\nIf—\n(a) the court makes an adoption order, or an order discharging such\nan order; and\n(b) the registrar of the Supreme Court has reason to believe that the\nbirth of the child is registered in a State or in another Territory;\nthe registrar must, as soon as practicable, cause a memorandum of the\nadoption order, or a copy of the discharging order certified in writing\nby him or her to be a true memorandum or copy, to be sent to the\nprescribed officer of that State or other Territory having functions in\nrelation to registration of births or having functions corresponding to\nthose of the registrar-general under the Births, Deaths and Marriages\nRegistration Act 1997.\n\n","sortOrder":129},{"sectionNumber":"106","sectionType":"section","heading":"Particulars of interstate orders","content":"106 Particulars of interstate orders\nIf the registrar-general receives, in relation to a person whose birth is\nregistered in the register of births, a memorandum or copy of an order\nfor the adoption of the person made (whether by a court or not) under\na law of a State or another Territory, or of an order discharging such\nan order, certified in writing to be a true memorandum or copy by a\nperson authorised to certify that under the law of that State or other\nTerritory, the registrar-general must—\n(a) register it, as prescribed, in the register of adoptions; and\n(b) make any prescribed alterations to, or entries in, the register of\nbirths.\n","sortOrder":130},{"sectionNumber":"107","sectionType":"section","heading":"Legal representation of child or young person","content":"107 Legal representation of child or young person\nIn proceedings on an application for an adoption order, the court may\nmake an order for the legal representation of the child or young\n","sortOrder":131},{"sectionNumber":"108","sectionType":"section","heading":"Notification to parents","content":"108 Notification to parents\nThe director-general must inform a birth parent of a child or young\nperson in writing of—\n(a) the placement of the child or young person with a prospective\nadopting parent; or\n(b) the non-placement of a child or young person at the end of\n6 months after the instrument of consent was signed; or\n(c) any breakdown in placement and the return of the child or young\nperson to the custody of an appropriate authority; or\n(d) the making of an adoption order; or\n(e) if the director-general becomes aware of it—the death of the\nchild or young person.\n\n","sortOrder":132},{"sectionNumber":"108A","sectionType":"section","heading":"Financial support of adopted children and young people","content":"108A Financial support of adopted children and young people\n(a) a child or young person is adopted in the ACT; and\n(b) the child or young person is ordinarily resident in the ACT; and\n(c) before the adoption order was made—\n(i) the director-general had daily care responsibility or\nunder the Children and Young People Act 2008; or\n(ii) the adoptive parents had daily care responsibility or\nas foster carers under the Children and Young People\nAct 2008; or\n(iii) the adoptive parents had daily care responsibility or\nas kinship carers under the Children and Young People\nAct 2008.\n(2) The director-general may provide financial support to the adoptive\nparents of the child or young person if—\n(a) the child or young person has complex or high needs; and\n(b) the adoptive parents require financial assistance to help manage\nthe child’s or young person’s needs; and\n(c) the financial burden of meeting the child’s or young person’s\nneeds without any financial assistance might prevent an\nadoption order which would otherwise be in the best interests of\nthe child or young person.\n(3) Support provided under this section must be reviewed by the\ndirector-general every 12 months.\n\n","sortOrder":133},{"sectionNumber":"111","sectionType":"section","heading":"Authority to prosecute","content":"111 Authority to prosecute\nProceedings for an offence against this Act must not be commenced\nexcept by, or with the written consent of, the Minister.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation Act\n2001, s 104).\n","sortOrder":134},{"sectionNumber":"112","sectionType":"section","heading":"Hearings to be in camera","content":"112 Hearings to be in camera\n(1) Proceedings on an application for an adoption order or ancillary\nproceedings must not be heard in open court.\n(2) People other than parties to the proceedings or their legal practitioners\nor representatives must, except as otherwise permitted by the court,\nbe excluded during the hearing of the proceedings.\n","sortOrder":135},{"sectionNumber":"113","sectionType":"section","heading":"Contents of reports not to be disclosed","content":"113 Contents of reports not to be disclosed\nExcept as the court otherwise orders, a report to the court under\nsection 39D must not be made available to a party to the proceedings\nor any other person.\n","sortOrder":136},{"sectionNumber":"114","sectionType":"section","heading":"Restriction on inspection of records","content":"114 Restriction on inspection of records\nExcept as provided by regulation, the records of any proceedings\nunder this Act must not be open to public inspection.\n","sortOrder":137},{"sectionNumber":"115","sectionType":"section","heading":"Director-general may appear at hearings","content":"115 Director-general may appear at hearings\n(1) The director-general, or a person appointed for the purpose by the\ndirector-general, may appear at the hearing of the proceedings on an\napplication for an adoption order, and may address the court, and call,\nexamine and cross-examine witnesses.\n(2) For subsection (1), the director-general is a party to the proceedings.\n\n","sortOrder":138},{"sectionNumber":"116","sectionType":"section","heading":"Proof of adoptions","content":"116 Proof of adoptions\nIn any proceedings in a court of the Territory, a document purporting\nto be—\n(a) the original or a certified copy or certified extract of an adoption\norder; or\n(b) an official certificate, entry or record of an adoption;\n(whether made in Australia or elsewhere) is evidence of the facts\nstated in, and matters appearing from, the document.\n","sortOrder":139},{"sectionNumber":"118","sectionType":"section","heading":"Determination of fees","content":"118 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":140},{"sectionNumber":"120A","sectionType":"section","heading":"Approved forms","content":"120A Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":141},{"sectionNumber":"121","sectionType":"section","heading":"Regulation-making power","content":"121 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to—\n(a) the keeping of lists by the director-general and by private\nadoption agencies of people approved for the placement of a\nchild or young person for adoption; and\n(b) access to the register of adoptions; and\n(c) the giving of copies of, or extracts from, entries included in the\nregister of adoptions; and\n\n(d) the making, correction or cancellation of entries about adopted\npeople in the register of births.\n(3) A regulation may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than 10\npenalty units for offences against the regulations.\n\nSchedule 1 Convention on Protection of\nChildren and Cooperation in\nRespect of Intercountry\nAdoption\n(dict, def Convention)\nThe States signatory to the present Convention,\nRecognising that the child, for the full and harmonious development of his or\nher personality, should grow up in a family environment, in an atmosphere of\nhappiness, love and understanding,\nRecalling that each State should take, as a matter of priority, appropriate\nmeasures to enable the child to remain in the care of his or her family of origin,\nRecognising that intercountry adoption may offer the advantage of a permanent\nfamily to a child for whom a suitable family cannot be found in his or her State\nof origin,\nConvinced of the necessity to take measures to ensure that intercountry\nadoptions are made in the best interests of the child and with respect for his or\nher fundamental rights, and to prevent the abduction, the sale of, or traffic in\nchildren,\nDesiring to establish common provisions to this effect, taking into account the\nprinciples set forth in international instruments, in particular the United Nations\nConvention on the Rights of the Child , of 20 November 1989, and the United\nNations Declaration on Social and Legal Principles relating to the Protection\nand Welfare of Children, with Special Reference to Foster Placement and\nAdoption Nationally and Internationally (General Assembly Resolution 41/85,\nof 3 December 1986),\n\nHave agreed upon the following provisions—\nCHAPTER I—SCOPE OF THE CONVENTION\nArticle 1\nThe objects of the present Convention are—\n(a) to establish safeguards to ensure that intercountry adoptions take\nplace in the best interests of the child and with respect for his or\nher fundamental rights as recognised in international law,\n(b) to establish a system of cooperation amongst Contracting States\nto ensure that those safeguards are respected and thereby prevent\nthe abduction, the sale of, or traffic in children,\n(c) to secure the recognition in Contracting States of adoptions\nmade in accordance with the Convention.\nArticle 2\n(1) The Convention shall apply where a child habitually resident in one\nContracting State (‘ \"the State of origin\" ’) has been, is being, or is to\nbe moved to another Contracting State (‘ \"the receiving State\" ’)\neither after his or her adoption in the State of origin by spouses or a\nperson habitually resident in the receiving State, or for the purposes\nof such an adoption in the receiving State or in the State of origin.\n(2) The Convention covers only adoptions which create a permanent\nparent-child relationship.\nArticle 3\nThe Convention ceases to apply if the agreements mentioned in\nArticle 17, sub-paragraph (c), have not been given before the child\nattains the age of eighteen years.\n\nCHAPTER II—REQUIREMENTS FOR INTERCOUNTRY\nADOPTIONS\nArticle 4\nAn adoption within the scope of the Convention shall take place only\nif the competent authorities of the State of origin—\n(a) have established that the child is adoptable,\n(b) have determined, after possibilities for placement of the child\nwithin the State of origin have been given due consideration,\nthat an intercountry adoption is in the child’s best interests,\n(c) have ensured that\n(1) the persons, institutions and authorities whose consent is\nnecessary for adoption, have been counselled as may be\nnecessary and duly informed of the effects of their consent,\nin particular whether or not an adoption will result in the\ntermination of the legal relationship between the child and\nhis or her family of origin,\n(2) such persons, institutions and authorities have given their\nconsent freely, in the required legal form, and expressed or\nevidenced in writing,\n(3) the consents have not been induced by payment or\ncompensation of any kind and have not been withdrawn,\nand\n(4) the consent of the mother, where required, has been given\nonly after the birth of the child, and\n(d) have ensured, having regard to the age and degree of maturity of\nthe child, that\n(1) he or she has been counselled and duly informed of the\neffects of the adoption and of his or her consent to the\nadoption, where such consent is required,\n\n(2) consideration has been given to the child’s wishes and\nopinions,\n(3) the child’s consent to the adoption, where such consent is\nrequired, has been given freely, in the required legal form,\nand expressed or evidenced in writing, and\n(4) such consent has not been induced by payment or\ncompensation of any kind.\nArticle 5\nAn adoption within the scope of the convention shall take place only\nif the competent authorities of the receiving State—\n(a) have determined that the prospective adoptive parents are\neligible and suited to adopt,\n(b) have ensured that the prospective adoptive parents have been\ncounselled as may be necessary, and\n(c) have determined that the child is or will be authorised to enter\nand reside permanently in that State.\nCHAPTER III—CENTRAL AUTHORITIES AND\nACCREDITED BODIES\nArticle 6\n(1) A Contracting State shall designate a Central Authority to discharge\nthe duties which are imposed by the Convention upon such\nauthorities.\n(2) Federal States, States with more than one system of law or States\nhaving autonomous territorial units shall be free to appoint more than\none Central Authority and to specify the territorial or personal extent\nof their functions. Where a State has appointed more than one Central\nAuthority, it shall designate the Central Authority to which any\ncommunication may be addressed for transmission to the appropriate\nCentral Authority within that State.\n\nArticle 7\n(1) Central Authorities shall cooperate with each other and promote\ncooperation amongst the competent authorities in their States to\nprotect children and to achieve the other objects of the Convention.\n(2) They shall take directly all appropriate measures to—\n(a) provide information as to the laws of their States concerning\nadoption and other general information, such as statistics and\nstandard forms,\n(b) keep one another informed about the operation of the\nConvention and, as far as possible, eliminate any obstacles to its\napplication.\nArticle 8\nCentral Authorities shall take, directly or through public authorities,\nall appropriate measures to prevent improper financial or other gain\nin connection with an adoption and to deter all practices contrary to\nthe objects of the Convention.\nArticle 9\nCentral Authorities shall take, directly or through public authorities\nor other bodies duly accredited in their State, all appropriate\nmeasures, in particular to—\n(a) collect, preserve and exchange information about the situation\nof the child and the prospective adoptive parents, so far as is\nnecessary to complete the adoption,\n(b) facilitate, follow and expedite proceedings with a view to\nobtaining the adoption,\n(c) promote the development of adoption counselling and\npost-adoption services in their States,\n\n(d) provide each other with general evaluation reports about\nexperience with intercountry adoption,\n(e) reply, in so far as is permitted by the law of their State, to\njustified requests from other Central Authorities or public\nauthorities for information about a particular adoption situation.\nArticle 10\nAccreditation shall only be granted to and maintained by bodies\ndemonstrating their competence to carry out properly the tasks with\nwhich they may be entrusted.\nArticle 11\nAn accredited body shall—\n(a) pursue only non-profit objectives according to such conditions\nand within such limits as may be established by the competent\nauthorities of the State of accreditation,\n(b) be directed and staffed by persons qualified by their ethical\nstandards and by training or experience to work in the field of\nintercountry adoption, and\n(c) be subject to supervision by competent authorities of that State\nas to its composition, operation and financial situation.\nArticle 12\nA body accredited in one Contracting State may act in another\nContracting State only if the competent authorities of both States have\nauthorised it to do so.\n\nArticle 13\nThe designation of the Central Authorities and where appropriate, the\nextent of their functions, as well as the names and addresses of the\naccredited bodies shall be communicated by each Contracting State\nto the Permanent Bureau of the Hague Conference on Private\nInternational Law.\nCHAPTER IV—PROCEDURAL REQUIREMENTS IN\nINTERCOUNTRY ADOPTION\nArticle 14\nPersons habitually resident in a Contracting State, who wish to adopt\na child habitually resident in another Contracting State, shall apply to\nthe Central Authority in the State of their habitual residence.\nArticle 15\n(1) If the Central Authority of the receiving State is satisfied that the\napplicants are eligible and suited to adopt, it shall prepare a report\nincluding information about their identity, eligibility and suitability\nto adopt, background, family and medical history, social\nenvironment, reasons for adoption, ability to undertake an\nintercountry adoption, as well as the characteristics of the children for\nwhom they would be qualified to care.\n(2) It shall transmit the report to the Central Authority of the State of\norigin.\nArticle 16\n(1) If the Central Authority of the State of origin is satisfied that the child\nis adoptable, it shall—\n(a) prepare a report including information about his or her identity,\nadoptability, background, social environment, family history,\nmedical history including that of the child’s family, and any\nspecial needs of the child,\n\n(b) give due consideration to the child’s upbringing and to his or her\nethnic, religious and cultural background,\n(c) ensure that consents have been obtained in accordance with\nArticle 4, and\n(d) determine, on the basis in particular of the reports relating to the\nchild and the prospective adoptive parents, whether the\nenvisaged placement is in the best interests of the child.\n(2) It shall transmit to the Central Authority of the receiving State its\nreport on the child, proof that the necessary consents have been\nobtained and the reasons for its determination on the placement,\ntaking care not to reveal the identity of the mother and the father if,\nin the State of origin, these identities may not be disclosed.\nArticle 17\nAny decision in the State of origin that a child should be entrusted to\nprospective adoptive parents may only be made if—\n(a) the Central Authority of that State has ensured that the\nprospective adoptive parents agree,\n(b) the Central Authority of the receiving State has approved such\ndecision, where such approval is required by the law of that State\nor by the Central Authority of the State of origin,\n(c) the Central Authorities of both States have agreed that the\nadoption may proceed, and\n(d) it has been determined, in accordance with Article 5, that the\nprospective adoptive parents are eligible and suited to adopt and\nthat the child is or will be authorised to enter and reside\npermanently in the receiving State.\n\nArticle 18\nThe Central Authorities of both States shall take all necessary steps\nto obtain permission for the child to leave the State of origin and to\nenter and reside permanently in the receiving State.\nArticle 19\n(1) The transfer of the child to the receiving State may only be carried\nout if the requirements of Article 17 have been satisfied.\n(2) The Central Authorities of both States shall ensure that this transfer\ntakes place in secure and appropriate circumstances and, if possible,\nin the company of the adoptive or prospective adoptive parents.\n(3) If the transfer of the child does not take place, the reports referred to\nin Articles 15 and 16 are to be sent back to the authorities who\nforwarded them.\nArticle 20\nThe Central Authorities shall keep each other informed about the\nadoption process and the measures taken to complete it, as well as\nabout the progress of the placement if a probationary period is\nrequired.\nArticle 21\n(1) Where the adoption is to take place after the transfer of the child to\nthe receiving State and it appears to the Central Authority of that State\nthat the continued placement of the child with the prospective\nadoptive parents is not in the child’s best interests, such Central\nAuthority shall take the measures necessary to protect the child, in\nparticular—\n(a) to cause the child to be withdrawn from the prospective adoptive\nparents and to arrange temporary care,\n\n(b) in consultation with the Central Authority of the State of origin,\nto arrange without delay a new placement of the child with a\nview to adoption or, if this is not appropriate, to arrange\nalternative long-term care, an adoption shall not take place until\nthe Central Authority of the State of origin has been duly\ninformed concerning the new prospective adoptive parents,\n(c) as a last resort, to arrange the return of the child, if his or her\ninterests so require.\n(2) Having regard in particular to the age and degree of maturity of the\nchild, he or she shall be consulted and, where appropriate, his or her\nconsent obtained in relation to measures to be taken under this Article.\nArticle 22\n(1) The functions of a Central Authority under this Chapter may be\nperformed by public authorities or by bodies accredited under\nChapter III, to the extent permitted by the law of its State.\n(2) Any Contracting State may declare to the depositary of the\nConvention that the functions of the Central Authority under Articles\n15 to 21 may be performed in that State, to the extent permitted by\nthe law and subject to the supervision of the competent authorities of\nthat State, also by bodies or person who—\n(a) meet the requirements of integrity, professional competence,\nexperience and accountability of that State, and\n(b) are qualified by their ethical standards and by training or\nexperience to work in the field of intercountry adoption.\n(3) A Contracting State which makes the declaration provided for in\nparagraph (2) shall keep the Permanent Bureau of the Hague\nConference on Private International Law informed of the names and\naddresses of these bodies and persons.\n\n(4) Any Contracting State may declare to the depositary of the\nConvention that adoptions of children habitually resident in its\nterritory may only take place if the functions of the Central\nAuthorities are performed in accordance with paragraph (1).\n(5) Notwithstanding any declaration made under paragraph (2), the\nreports provided for in Articles 15 and 16 shall, in every case, be\nprepared under the responsibility of the Central Authority or other\nauthorities or bodies in accordance with paragraph (1).\nCHAPTER V—RECOGNITION AND EFFECTS OF THE\nADOPTION\nArticle 23\n(1) An adoption certified by the competent authority of the State of the\nadoption as having been made in accordance with the Convention\nshall be recognised by operation of law in the other Contracting\nStates. The certificate shall specify when and by whom the\nagreements under Article 17, sub-paragraph (c), were given.\n(2) Each Contracting State shall, at the time of signature, ratification,\nacceptance, approval or accession, notify the depositary of the\nConvention of the identity and the functions of the authority or the\nauthorities which, in that State, are competent to make the\ncertification. It shall also notify the depositary of any modification in\nthe designation of these authorities.\nArticle 24\nThe recognition of an adoption may be refused in a Contracting State\nonly if the adoption is manifestly contrary to its public policy, taking\ninto account the best interests of the child.\n\nArticle 25\nAny Contracting State may declare to the depositary of the\nConvention that it will not be bound under this Convention to\nrecognise adoptions made in accordance with an agreement\nconcluded by application of Article 39, paragraph (2).\nArticle 26\n(1) The recognition of an adoption includes recognition of—\n(a) the legal parent-child relationship between the child and his or\nher adoptive parents,\n(b) parental responsibility of the adoptive parents for the child,\n(c) the termination of a pre-existing legal relationship between the\nchild and his or her mother and father, if the adoption has this\neffect in the Contracting State where it was made.\n(2) In the case of an adoption having the effect of terminating a\npre-existing legal parent-child relationship, the child shall enjoy in\nthe receiving State, and in any other Contracting State where the\nadoption is recognised, rights equivalent to those resulting from\nadoptions having this effect in each such State.\n(3) The preceding paragraphs shall not prejudice the application of any\nprovision more favourable for the child, in force in the Contracting\nState which recognises the adoption.\nArticle 27\n(1) Where an adoption granted in the State of origin does not have the\neffect of terminating a pre-existing legal parent-child relationship, it\nmay, in the receiving State which recognises the adoption under the\nConvention, be converted into an adoption having such an effect—\n(a) if the law of the receiving State so permits, and\n\n(b) if the consent referred to in Article 4, sub-paragraphs (c) and (d)\nhave been or are given for the purpose of such an adoption.\n(2) Article 23 applies to the decision converting the adoption.\nCHAPTER VI - GENERAL PROVISIONS\nArticle 28\nThe Convention does not affect any law of a State of origin which\nrequires that the adoption of a child habitually resident within that\nState take place in that State or which prohibits the child’s placement\nin, or transfer to, the receiving State prior to adoption.\nArticle 29\nThere shall be no contact between the prospective adoptive parents\nand the child’s parents or any other person who has care of the child\nuntil the requirements of Article 4, sub-paragraphs (a) to (c), and\nArticle 5, sub-paragraph (a), have been met, unless the adoption takes\nplace within a family or unless the contact is in compliance with the\nconditions established by the competent authority of the State of\norigin.\nArticle 30\n(1) The competent Authorities of a Contracting State shall ensure that\ninformation held by them concerning the child’s origin, in particular\ninformation concerning the identity of his or her parents, as well as\nthe medical history, is preserved.\n(2) They shall ensure that the child or his or her representative has access\nto such information, under appropriate guidance, in so far as is\npermitted by the law of that State.\n\nArticle 31\nWithout prejudice to Article 30, personal data gathered or transmitted\nunder the Convention, especially data referred to in Articles 15 and\n16, shall be used only for the purposes for which they were gathered\nor transmitted.\nArticle 32\n(1) No one shall derive improper financial or other gain from an activity\nrelated to an intercountry adoption.\n(2) Only costs and expenses, including reasonable professional fees of\nperson involved in the adoption, may be charged or paid.\n(3) The directors, administrators and employees of bodies involved in an\nadoption shall not receive remuneration which is unreasonably high\nin relation to services rendered.\nArticle 33\nA competent authority which finds that any provision of the\nConvention has not been respected or that there is a serious risk that\nit may not be respected, shall immediately inform the Central\nAuthority of its State. This Central Authority shall be responsible for\nensuring that appropriate measures are taken.\nArticle 34\nIf the competent authority of the State of destination of a document\nso requests, a translation certified as being in conformity with the\noriginal must be furnished. Unless otherwise provided, the costs of\nsuch translation are to be borne by the prospective adoptive parents.\nArticle 35\nThe competent authorities of the Contracting States shall act\nexpeditiously in the process of adoption.\n\nArticle 36\nIn relation to a State which has two or more systems of law with\nregard to adoption applicable in different territorial units—\n(a) any reference to habitual residence in that State shall be\nconstrued as referring to habitual residence in a territorial unit\nof that State,\n(b) any reference to the law of that State shall be construed as\nreferring to the law in force in the relevant territorial unit,\n(c) any reference to the competent authorities or to the public\nauthorities of that State shall be construed as referring to those\nauthorised to act in the relevant territorial unit,\n(d) any reference to the accredited bodies of that State shall be\nconstrued as referring to bodies accredited in the relevant\nterritorial unit.\nArticle 37\nIn relation to a State which with regard to adoption has two or more\nsystems of law applicable to different categories of persons, any\nreference to the law of that State shall be construed as referring to the\nlegal system specified by the law of that State.\nArticle 38\nA State within which different territorial units have their own rules of\nlaw in respect of adoption shall not be bound to apply the Convention\nwhere a State with a unified system of law would not be bound to do\nso.\nArticle 39\n(1) The Convention does not affect any international instrument to which\nContracting States are Parties and which contains provisions on\nmatters governed by the Convention, unless a contrary declaration is\nmade by the States Parties to such instrument.\n\n(2) Any Contracting State may enter into agreements with one or more\nother Contracting States, with a view to improving the application of\nthe Convention in their mutual relations. These agreements may\nderogate only from the provisions of Articles 14 to 16 and 18 to 21.\nThe States which have concluded such an agreement shall transmit a\ncopy to the depositary of the Convention.\nArticle 40\nNo reservation to the Convention shall be permitted.\nArticle 41\nThe Convention shall apply in every case where an application\npursuant to Article 14 has been received after the Convention has\nentered into force in the receiving State and the State of origin.\nArticle 42\nThe Secretary General of the Hague Conference on Private\nInternational Law shall at regular intervals convene a Special\nCommission in order to review the practical operation of the\nCHAPTER VII - FINAL CLAUSES\nArticle 43\n(1) The Convention shall be open for signature by the States which were\nMembers of the Hague Conference on Private International Law at\nthe time of its Seventeenth Session and by the other States which\nparticipated in that Session.\n(2) It shall be ratified, accepted or approved and the instruments of\nratification, acceptance or approval shall be deposited with the\nMinistry of Foreign Affairs of the Kingdom of the Netherlands,\ndepositary of the Convention.\n\nArticle 44\n(1) Any other State may accede to the Convention after it has entered into\nforce in accordance with Article 46, paragraph (1).\n(2) The instrument of accession shall be deposited with the depositary.\n(3) Such accession shall have effect only as regards the relations between\nthe acceding State and those Contracting States which have not raised\nan objection to its accession in the six months after the receipt of the\nnotification referred to in sub-paragraph (b) of Article 48. Such an\nobjection may also be raised by States at the time when they ratify,\naccept or approve the Convention after an accession. Any such\nobjection shall be notified to the depositary.\nArticle 45\n(1) If a State has two or more territorial units in which different systems\nof law are applicable in relation to matters dealt with in the\nConvention, it may at the time of signature, ratification, acceptance,\napproval or accession declare that this Convention shall extend to all\nits territorial units or only to one or more of them and may modify\nthis declaration by submitting another declaration at any time.\n(2) Any such declaration shall be notified to the depositary and shall state\nexpressly the territorial units to which the Convention applies.\n(3) If a State makes no declaration under this Article, the Convention is\nto extend to all territorial units of that State.\nArticle 46\n(1) The Convention shall enter into force on the first day of the month\nfollowing the expiration of three months after the deposit of the third\ninstrument of ratification, acceptance or approval referred to in\nArticle 43.\n\n(2) Thereafter the Convention shall enter into force—\n(a) for each State ratifying, accepting or approving it subsequently,\nor acceding to it, on the first day of the month following the\nexpiration of three months after the deposit of its instrument of\nratification, acceptance, approval or accession,\n(b) for a territorial unit to which the Convention has been extended\nin conformity with Article 45, on the first day of the month\nfollowing the expiration of three months after the notification\nreferred to in that Article.\nArticle 47\n(1) A State Party to the Convention may denounce it by a notification in\nwriting addressed to the depositary.\n(2) The denunciation takes effect on the first day of the month following\nthe expirations of twelve months after the notification is received by\nthe depositary. Where a longer period for the denunciation to take\neffect is specified in the notification, the denunciation takes effect\nupon the expiration of such longer period after the notification is\nreceived by the depositary.\nArticle 48\nThe depositary shall notify the States Members of the Hague\nConference on Private International Law, the other States which\nparticipated in the Seventeenth Session and the States which have\nacceded in accordance with Article 44, of the following—\n(a) the signatures, ratifications, acceptances and approvals referred\nto in Article 43,\n(b) the accessions and objections raised to accessions referred to in\nArticle 44,\n(c) the date on which the Convention enters into force in accordance\nwith Article 46,\n\n(d) the declarations and designations referred to in Articles 22, 23,\n25 and 45,\n(e) the agreements referred to in Article 39,\n(f) the denunciations referred to in Article 47.\nIn whereof the undersigned, being duly authorised thereto, have signed this\nDone at The Hague, on the twenty-ninth day of May 1993, in the\nEnglish and French languages, both texts being equally authentic, in\na single copy which shall be deposited in the archives of the\nGovernment of the Kingdom of the Netherlands, and of which a\ncertified copy shall be sent, through diplomatic channels, to each of\nthe States Members of the Hague Conference on Private International\nLaw at the date of its Seventeenth Session and to each of the other\nStates which participated in that Session.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• administrative unit\n• civil union\n• contravene\n• director-general (see s 163)\n• document\n• domestic partner (see s 169 (1))\n• Executive\n• file\n• function\n• instrument (see s 14)\n• parent\n• proceeding\n• public trustee and guardian\n• reviewable decision notice\n• Supreme Court.\nAboriginal or Torres Strait Islander child or young person means a\nchild or young person at least 1 of whose parents is a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\n\nadoption compliance certificate means—\n(a) in division 4A.2—a certification (however described) issued in\naccordance with the Convention, article 23; or\n(b) in division 4A.3—a document issued in accordance with the\nCommonwealth Bilateral Arrangements Regulations.\nadoption order means an order for the adoption of a person made\nunder this Act.\nadoptive relative, for part 5 (Access to information)—see section 58.\nassociated person, for part 5 (Access to information)—see\nAustralia includes an external Territory.\nbirth parent, for part 5 (Access to information)—see section 58.\nbirth relative, for part 5 (Access to information)—see section 58.\ncentral authority, for a Convention country, means an entity\ndesignated for the Convention country under the Convention,\narticle 6.\ncharitable organisation means a body carried on for a charitable,\nbenevolent, philanthropic or religious purpose, other than a body\ncarried on for the financial benefit of its members.\nchild, if age rather than descendancy is relevant, means a person who\nis under 12 years old.\nCommonwealth Bilateral Arrangements Regulation means the\nFamily Law (Bilateral Arrangements—Intercountry Adoption)\nRegulations 1998 (Cwlth).\nCommonwealth central authority has the same meaning as in the\nFamily Law (Hague Convention on Intercountry Adoption)\nRegulations 1998 (Cwlth).\n\ncompetent authority means—\n(a) for a prescribed overseas jurisdiction—an entity in that country\nresponsible for approving the adoption of children or young\npeople; and\n(b) for the ACT—the director-general.\ncontact veto register means the register established under section 79.\nConvention means the Convention on Protection of Children and\nCooperation in Respect of Intercountry Adoption signed at the\nHague on 29 May 1993, a copy of the English text of which is set\nout in schedule 1.\nConvention country—see the Family Law (Hague Convention on\nIntercountry Adoption) Regulations 1998 (Cwlth), regulation 4.\nNote For the purposes of reg 4 Australia is not a Convention country.\ncountry includes part of a country.\ncourt means the Supreme Court.\ndisposition of property includes the grant or exercise of a power of\nappointment in respect of property.\ngeneral consent means a general consent under section 29 (2).\nguardian, in relation to a child or young person, includes—\n(a) a person having the custody of the child or young person under\nan order of a court; and\n(b) a person who is the guardian of the child or young person\n(whether to the exclusion of, or in addition to, a parent or other\nguardian) under a law of the Territory, the Commonwealth, a\nState or another Territory; and\n(c) someone with parental responsibility for the long-term care,\nwellbeing and development of the child or young person,\nwhether by order of a court or otherwise.\n\nidentifying information, for part 5 (Access to information)—see\ninformation, for part 5 (Access to information)—see section 58.\ninstrument of consent means an instrument of consent to an adoption\nunder section 30.\nintercountry adoption means the adoption—\n(a) by a person habitually resident in the ACT of a non-citizen child\nor young person from a country outside Australia; or\n(b) by a person habitually resident in a country outside Australia of\na child or young person habitually resident in the ACT.\ninterim order means an order under section 50.\nlimited consent means a limited consent under section 29 (3).\nnon-citizen child or young person has the same meaning as\nnon-citizen child in the Immigration (Guardianship of Children) Act\n1946 (Cwlth).\nprescribed overseas jurisdiction means a jurisdiction mentioned in\nthe Commonwealth Bilateral Arrangements Regulation, schedule 1.\nprincipal officer, for a private adoption agency, means the person\nstated as its principal officer in—\n(a) its application for approval under section 81; or\n(b) its latest notification to the director-general under section 83.\nprivate adoption agency means a charitable organisation approved as\na private adoption agency under section 82.\nregister of births means the register under the Births, Deaths and\nMarriages Registration Act 1997.\nregister of suitable people means the register kept under section 19.\n\nrelative, of a child or young person, means a grandparent, brother,\nsister, uncle or aunt of the child or young person, whether or not the\nrelationship is—\n(a) traced through birth or depends on adoption; or\n(b) for a brother or sister—of the whole blood or half-blood.\nrelevant administrative unit means the administrative unit that is the\nresponsibility of the Minister for the time being administering this\nAct.\nrelevant authority, for part 5 (Access to information)—see\nresponsible person, in relation to an Aboriginal or Torres Strait\nIslander child or young person, means—\n(a) a person who, in accordance with the traditions and customs of\nthe Aboriginal or Torres Strait Islander community of which the\nchild or young person is a member, has responsibility for, or an\ninterest in, the wellbeing of the child or young person; or\n(b) if the child or young person is not in the custody of any person\nor is in the custody of a person who is not either a parent of the\nchild or young person or a member of an Aboriginal or Torres\nStrait Islander community—a person who, in accordance with\nthe traditions and customs of the Aboriginal or Torres Strait\nIslander community of which a parent of the child or young\nperson is or was a member, has responsibility for, or an interest\nin, the wellbeing of the child or young person.\nreunion information register means the register established under\nsection 80.\nreviewable decision, for part 7A (Notification and review of\ndecisions)—see section 102.\nservice means the adoption information service maintained under\nsection 77.\n\nState central authority, for the ACT, means the authority mentioned\nin section 55.\nstep-parent, of a child or young person, means a person who—\n(a) is not a parent of the child or young person; and\n(b) whether married or not, has lived in a domestic partnership for\nnot less than 3 years with a parent of the child or young person.\nyoung person means—\n(a) a person who is 12 years old or older, but not yet an adult; and\n(b) in relation to an application for an adoption order—a person who\nis an adult but for whom the application for an adoption order\nwas filed in the court before the person became an adult.\nNote Adult is defined in the Legislation Act, dict, pt 1.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nAdoption Act 1993 A1993-20\nnotified 2 April 1993 (Gaz 1993 No S46)\ns 1, s 2 commenced 2 April 1993 (s 2 (1))\nremainder (ss 3-121) commenced 31 July 1993 (s 2 (2) and Gaz 1993\nNo 28)\nas amended by\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\nsch 2 commenced 27 August 1993 (s 2)\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No\nS207)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 4\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 4 commenced 1 July 1994 (s 2 (2) and see Gaz 1994\nNo S142)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994\nNo S250)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\n\nLegislation history 3\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nBirths, Deaths and Marriages Registration (Consequential\nProvisions) Act 1997 A1997-113 sch\nnotified 24 December 1997 (Gaz 1997 No S420)\ns 1, s 2 commenced 24 December 1997 (s 2 (1))\nsch commenced 24 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\nsch 2 commenced 10 May 2000 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 7\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 7 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nParentage Act 2004 A2004-1 sch 1 pt 1.2\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.2 commenced 22 March 2004 (s 2 and CN2004-3)\n\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.2\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.2 commenced 9 April 2004 (s 2 (1))\nPublic Advocate Act 2005 A2005-47 sch 1 pt 1.1 (as am by A2006-3\namdt 1.8)\nnotified LR 2 September 2005\ns 1, s 2 commenced 2 September 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 March 2006 (s 2 (1) as am by A2006-3\namdt 1.8)\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.8\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.8 commenced 23 February 2006 (s 2)\nNote This Act only amends the Public Advocate Act 2005 A2005-47\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.2\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.2 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n","sortOrder":142},{"sectionNumber":"2006","sectionType":"section","heading":"No S93)","content":"2006 No S93)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.4\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.4 commenced 29 September 2006 (s 2 (1))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 3 pt 3.1\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 3 pt 3.1 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\n\nLegislation history 3\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.1\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.1 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.2\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.2 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nAdoption Amendment Act 2009 A2009-6\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nremainder commenced 6 March 2009 (s 2)\nAdoption Amendment Act 2009 (No 2) A2009-36\nnotified LR 22 October 2009\ns 1, s 2 commenced 22 October 2009 (LA s 75 (1))\nremainder commenced 22 April 2010 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.5\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.2\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":143},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.2\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.2 commenced 11 September 2012 (s 2)\n\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.2\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 April 2016 (s 2 and see Protection of Rights\n(Services) Legislation Amendment Act 2016 A2016-1 s 2)\nChildren and Young People Legislation Amendment Act 2016\nA2016-38 pt 2\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\npt 2 commenced 23 June 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.3\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.3 commenced 9 March 2017 (s 2)\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.2\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.2 commenced 14 November 2019 (s 2 (1))\nAdoption Amendment Act 2020 A2020-39\nnotified LR 20 August 2020\ns 1, s 2 commenced 20 August 2020 (LA s 75 (1))\nremainder commenced 1 September 2020 (s 2)\nBirths, Deaths and Marriages Registration Amendment Act 2020\nA2020-40 sch 1\nnotified LR 20 August 2020\ns 1, s 2 commenced 20 August 2020 (LA s 75 (1))\nsch 1 commenced 20 August 2021 (s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.6\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.6 commenced 6 December 2025 (s 2 (5))\n\nLong Title\nlong title sub A2009-36 s 4\ns 2 om A2001-44 amdt 1.48\nins A2008-28 amdt 3.8\nNotes\ns 3 om A1999-64 sch 2\nins A2008-28 amdt 3.8\nObjects and principles\npt 1A hdg ins A2009-36 s 5\nObjects of Act\ns 4 defs reloc to dict A2008-28 amdt 3.7\nom A2008-28 amdt 3.8\nins A2009-36 s 5\ndef community advocate om A2005-47 amdt 1.1\ndef determined fee om A2001-44 amdt 1.49\ndef Director sub A1994-97 sch pt 1\nom A1999-64 sch 2\ndef file om A2006-40 amdt 2.48\ndef repealed laws om A2008-28 amdt 3.6\nBest interests of child or young person paramount consideration\ns 5 om A1993-44 sch 2\nins A2009-36 s 5\nsub A2020-39 s 4\nAboriginal and Torres Strait Islander child or young person—additional\nrequirements\ns 6 sub A2009-36 s 5\nWho can be adopted?\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum as div 3.1 hdg R4 LA\nAdoption of child or young person\ns 9 am A2004-1 amdt 1.2, amdt 1.3; A2006-40 amdt 2.49\nAdoption of person 18 years old or older\ns 10 am A2009-6 s 4\nsub A2009-36 s 6; A2020-39 s 5\nPrevious adoption immaterial\ns 11 sub A2009-36 s 6\n\nFrustration of immigration law\ns 12 sub A2009-36 s 6\nWho can adopt?\ndiv 3.2 hdg orig div 3.2 hdg\n(prev pt 3 div 2 hdg) renum as div 3.2 hdg and then renum as\ndiv 3.3 hdg\npres div 3.2 hdg\nins A2009-36 s 6\nResidency requirement\ns 13 hdg sub A2006-22 amdt 1.8 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\ns 13 am A2006-22 amdt 1.9 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nsub A2009-6 s 5; A2009-36 s 6\nAdditional requirements for adoption of child or young person\ns 14 sub A2009-36 s 6\nam A2012-40 amdt 3.9\nsub A2016-38 s 4\nAdoption by step-parent\ns 15 am A1999-64 sch 2\nAdoption by one person\ns 16 am A1999-64 sch 2\nAdoption by relative\ns 17 am A1999-64 sch 2; A2008-20 amdt 3.1; A2008-37 amdt 1.9\nApproval of suitable people\ns 18 am A2004-1 amdts 1.4-1.6; A2006-22 amdt 1.10, amdt 1.11\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93))\nRegister of suitable people\ns 19 am A1999-64 sch 2\nOverseas child\ns 20 om A2009-36 s 6\n\nAboriginal child\ns 21 om A2009-36 s 6\nNotice of application for adoption order\ns 22 sub A2006-40 amdt 2.50\nam A2008-28 amdt 3.9\nParties to proceedings\ns 23 om A2009-36 s 6\nNotification to chief executive of adoption order\ns 24 am A1999-64 sch 2\nAlternative orders on refusal of adoption order\ns 25 am A1999-64 sch 2\nConsents to adoptions\ndiv 3.3 hdg orig div 3.3 hdg\n(prev pt 3 div 3 hdg) renum as div 3.3 hdg and then renum as\ndiv 3.7 hdg\npres div 3.3 hdg\n(prev pt 3 div 2 hdg) renum as div 3.2 hdg R4 LA and then\nrenum as div 3.3 hdg (see A2009-36 s 7)\nConsents of parents and guardians\ns 26 am A1999-64 sch 2; A2005-47 amdt 1.2; A2006-40 amdt 2.51;\nA2008-28 amdt 3.10\nins A2009-36 s 8\nInformation for certain parents considering consent\ns 27 am A2004-1 amdt 1.7\nsub A2009-36 s 8\nGeneral or limited consents\ns 29 am A1999-64 sch 2; A2009-36 s 9, s 72; A2011-22 amdt 1.25\nInstrument of consent\ns 30 sub A2001-44 amdt 1.50\nRevocation of consent\ns 31 am A1999-64 sch 2\nsub A2006-40 amdt 2.52\nam A2009-36 s 10, s 11, s 72; A2011-22 amdt 1.25\nAccess during revocation period\ns 32 am A1999-64 sch 2; A2009-36 s 12, s 72; A2011-22 amdt 1.25\n\nConsents under law of a State or another Territory\ns 33 am A2009-36 s 72\nDefective consents\ns 34 am A2009-36 s 13\nDispensing with consent\ns 35 am A1999-64 sch 2; A2008-28 amdt 3.11; A2009-36 s 14,\ns 72; A2011-22 amdt 1.25; A2020-39 s 6; ss renum R23 LA\nPlacement of child or young person before adoption\ndiv 3.4 hdg orig div 3.4 hdg\n(prev pt 3 div 4 hdg) renum as div 3.4 hdg and then renum as\ndiv 3.8 hdg\npres div 3.4 hdg\nins A2009-36 s 15\nPlacement of child or young person before adoption\ns 35A ins A2009-36 s 15\nam A2011-22 amdt 1.25; A2025-29 amdt 4.6\nConsultation with child or young person before deciding placement\ns 35B ins A2009-36 s 15\nGuardianship before adoption\ndiv 3.5 hdg orig div 3.5 hdg\n(prev pt 3 div 5 hdg) renum as div 3.5 hdg and then renum as\ndiv 3.9 hdg\npres div 3.5 hdg\nins A2009-36 s 16\nGuardianship before adoption\ns 36 am A1999-64 sch 2; A2008-20 amdt 3.2\nsub A2009-36 s 17\nam A2011-22 amdt 1.25; A2016-38 s 5\nGuardianship of non-citizen child or young person\ns 37 am A1999-64 sch 2\nsub A2009-36 s 17\nTransfer of guardianship of child or young person until adoption\ns 38 hdg am A2009-36 s 72\ns 38 am A1999-64 sch 2; A2009-36 s 72, s 74; A2011-22 amdt 1.25\nReview of status of child or young person released for adoption\ns 39 hdg am A2009-36 s 72\ns 39 am A1999-64 sch 2; A2009-36 s 18, s 72; A2011-22 amdt 1.25\nProceedings for an adoption order\ndiv 3.6 hdg ins A2009-36 s 19\n\nApplication for adoption order\ns 39A ins A2009-36 s 19\nNotice of application for adoption order\ns 39B ins A2009-36 s 19\nParties to proceeding\ns 39C ins A2009-36 s 19\nReport on proposed adoption\ns 39D ins A2009-36 s 19\nConsultation with child or young person before adoption order made\ns 39E ins A2009-36 s 19\nam A2009-36 s 72; A2011-22 amdt 1.25\nDeciding application for adoption order for child or young person\ns 39F ins A2009-36 s 19\nAboriginal or Torres Strait Islander child or young person\ns 39G ins A2009-36 s 19\nAdoption of non-citizen child or young person\ns 39H ins A2009-36 s 19\nDeciding application for adoption order for person 18 years old or older\ns 39I ins A2009-36 s 19\nNotification to director-general of adoption order\ns 39J hdg am A2011-22 amdt 1.25\ns 39J ins A2009-36 s 19\nAlternative orders on refusal of adoption order\ns 39K ins A2009-36 s 19\nDischarge of adoption order\ns 39L ins A2009-36 s 19\nam A2011-22 amdt 1.25; A2017-4 amdt 3.4\nConditional orders\ndiv 3.7 hdg (prev pt 3 div 3 hdg) renum as div 3.3 hdg R4 LA and then\nrenum as div 3.7 hdg (see A2009-36 s 20)\nAdoption order subject to certain conditions\ns 40 am A1999-64 sch 2; A2009-36 s 72; A2011-22 amdt 1.25\nAmendment of adoption condition\ns 41 hdg sub A2006-40 amdt 2.53\ns 41 am A1999-64 sch 2; A2006-40 amdts 2.54-2.56; A2009-36\ns 21, s 72; A2011-22 amdt 1.25\n\nCessation of condition\ns 42 am A2006-40 amdt 2.57; A2009-36 s 72\nEffect of adoption orders\ndiv 3.8 hdg (prev pt 3 div 4 hdg) renum as div 3.4 hdg R4 LA and then\nrenum as div 3.8 hdg (see A2009-36 s 22)\nGeneral effect\ns 43 am A2009-36 s 23\nDisposition of property\ns 44 am A2008-28 amdt 3.12\nNames of adopted child or young person\ns 45 am A2004-1 amdt 1.8\nsub A2009-36 s 24\nam A2011-22 amdt 1.25; A2020-39 s 7\nEffect of order on domicile\ns 46 am A2009-36 s 72, s 73\nDistribution of property by trustee or personal representative\ns 47 am A2009-36 s 25\nBequest by will to unascertained adopted person\ns 48 am A1999-64 s 4 sch 2; A2004-1 amdt 1.9, amdt 1.10;\nA2011-22 amdt 1.25; A2016-13 amdt 1.3\nGifts between living people\ns 49 am A2004-1 amdt 1.11, amdt 1.12\nInterim orders\ndiv 3.9 hdg (prev pt 3 div 5 hdg) renum as div 3.5 hdg R4 LA and then\nrenum as div 3.9 hdg (see A2009-36 s 26)\nMaking of order\ns 50 am A2009-36 s 27, s 72\nDischarge\ns 52 am A2009-36 s 72\nRecognition of Australian adoptions\npt 4 hdg sub A2009-36 s 28\nRecognition of Australian adoptions\ns 53 sub A2009-36 s 28\nIntercountry and overseas adoption\npt 4A hdg ins A2009-36 s 28\nPreliminary\ndiv 4A.1 hdg ins A2009-36 s 28\n\nAdoptions outside Australia—general\ns 54 sub A2009-36 s 28\nState central authority\ns 55 am A1999-64 sch 2\nsub A2009-36 s 28\nFunctions of State central authority\ns 56 am A1999-64 sch 2\nsub A2009-36 s 28\nConvention on intercountry adoption\ndiv 4A.2 hdg ins A2009-36 s 28\nAdoption under Convention\nsdiv 4A.2.1 hdg ins A2009-36 s 28\nAdoption in ACT of ACT child or young person by parents from Convention\ncountry\ns 57 sub A2009-36 s 28\nReport on child for intercountry adoption\ns 57A ins A2009-36 s 28\nAdoption in ACT of child or young person from Convention country by ACT\nparents\ns 57B ins A2009-36 s 28\nIssue of adoption compliance certificate\ns 57C ins A2009-36 s 28\nRecognition under Convention\nsdiv 4A.2.2 hdg ins A2009-36 s 28\nRecognition of adoption of child or young person from Convention country\nin that country\ns 57D ins A2009-36 s 28\nRecognition of adoption of child or young person from Convention country\nto another Convention country\ns 57E ins A2009-36 s 28\nEffect of recognition\ns 57F ins A2009-36 s 28\nRefusal to recognise adoption or decision\ns 57G ins A2009-36 s 28\n\nOrder terminating legal relationship between child or young person and\nparents\ns 57H ins A2009-36 s 28\nEvidential value of adoption compliance certificate\ns 57I ins A2009-36 s 28\nBilateral arrangements for intercountry adoptions\ndiv 4A.3 hdg ins A2009-36 s 28\nAdoption in ACT of child or young person from prescribed overseas\njurisdiction by ACT parents\ns 57J ins A2009-36 s 28\nEvidential value of adoption compliance certificate—div 4A.3\ns 57K ins A2009-36 s 28\nRecognition of other overseas adoptions\ndiv 4A.4 hdg ins A2009-36 s 28\nRecognition of adoption order made outside Australia\ns 57L ins A2009-36 s 28\nDeclaration of validity of adoption order made outside Australia\ns 57M ins A2009-36 s 28\nGeneral\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum as div 5.1 hdg R4 LA\nDefinitions—pt 5\ns 58 am A1993-64; A1997-113; A1999-64 sch 2\ndef associated person sub A2009-36 s 29\ndef birth parent sub A2004-1 amdt 1.13; A2009-36 s 29\ndef birth relative sub A2009-36 s 29\ndef identifying information sub A2009-36 s 29\ndef relevant authority am A2011-22 amdt 1.25\nApplication—pt 5\ns 59 sub A2009-36 s 30\nConfidentiality of records\ns 60 am A1999-64 sch 2; A2009-36 s 31; A2011-22 amdt 1.25\nRecords of adoptions\ns 61 am A1999-64 sch 2; A2009-36 s 32; A2011-22 amdt 1.25\nProvision of information\ns 62 am A1993-64; A1997-113; A1999-64 sch 2; A2011-22\namdt 1.21, amdt 1.25; A2020-40 amdt 1.1, amdt 1.2\n\nNon-identifying information\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum as div 5.2 hdg R4 LA\nIdentifying information\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum as div 5.3 hdg R4 LA\nRecipient of application\ns 67 am A1993-64; A1999-64 sch 2; A2011-22 amdt 1.25\nRestriction on entitlement to apply\ns 68 am A1993-64; A1999-64 sch 2; A2009-36 ss 33-38; A2011-22\nAssistance in obtaining approval\ns 69 am A1999-64 sch 2; A2011-22 amdt 1.25\nObjection to contact—adoptions before Adoption Amendment Act 2009\n(No 2)\ns 70 am A1999-64 sch 2\nsub A2009-36 s 39\nContact veto by person other than adopted person—adoptions before\nAdoption Amendment Act 2009 (No 2)\ns 71 sub A2009-36 s 40\nCounselling services\ns 72 am A1999-64 sch 2; A2001-44 amdt 1.51, amdt 1.52; R4 LA\n(see A2001-44 amdt 1.53); A2009-36 s 41; A2011-22\namdt 1.25; A2025-29 amdt 4.6\nDeclaration that contact not be attempted\ns 73 am A1999-64 sch 2\nsub A2009-36 s 42\nBirth details of adopted person born overseas\ns 74 am A1999-64 sch 2; A2009-36 ss 43-45; A2011-22 amdt 1.25\nApplication to court in absence of consent\ns 75 am A1999-64 sch 2; A2011-22 amdt 1.25\nOther person’s right to information\ns 76 am A1999-64 sch 2; A2011-22 amdt 1.25\nFamily information service\ns 77 hdg sub A2009-36 s 46\ns 77 am A1999-64 sch 2; A2009-36 s 47; A2011-22 amdt 1.25\nAdoption information register\ns 78 am A1999-64 sch 2; A2011-22 amdt 1.25\n\nContact veto register\ns 79 am A1999-64 sch 2; A2011-22 amdt 1.25\nReunion information register\ns 80 am A1999-64 sch 2; A2001-44 amdt 1.54, amdt 1.55;\nA2011-22 amdt 1.25; A2025-29 amdt 4.6\nApplication for approval\ns 81 am A1999-64 sch 2; A2009-36 s 74; A2011-22 amdt 1.25;\nA2016-38 s 6\nGrant or refusal of approval\ns 82 am A1999-64 sch 2; A2009-36 s 74; A2011-22 amdt 1.25\nChange in principal officer\ns 83 am A1999-64 sch 2; A2011-22 amdt 1.25\nRevocation or suspension of approval\ns 85 am A1999-64 sch 2; A2009-36 s 74; A2011-22 amdt 1.25\nEffect of cessation of approved agency\ns 86 am A1999-64 sch 2; A2009-36 s 72; A2011-22 amdt 1.25\nTerritorial application of pt 7\ns 88 am A2009-36 s 74\nTaking away etc of adopted child or young person by birth parent\ns 89 hdg am A2009-36 s 72\ns 89 am A1994-81; A2009-36 s 72\nReceiving or harbouring child or young person\ns 90 hdg am A2009-36 s 72\ns 90 am A1994-81; A2009-36 s 72\nInterfering with upbringing of child or young person\ns 91 hdg am A2009-36 s 72\ns 91 am A1994-81; A1999-64 sch 2; A2009-36 s 48, s 72;\nA2011-22 amdt 1.25\nApproval of communications\ns 92 am A1999-64 sch 2; A2011-22 amdt 1.25\nDirector-general’s report for prosecution\ns 93 hdg sub A2011-22 amdt 1.22\ns 93 am A1999-64 sch 2; A2011-22 amdt 1.25\nPayments in consideration of adoptions etc\ns 94 am A1994-81; A1999-64 sch 2; A2009-36 s 72; A2011-22\nUnauthorised arrangements for adoption\ns 95 am A1994-81; A1999-64 sch 2; A2009-36 s 72; A2011-22\n\nUnauthorised advertising\ns 96 am A1994-81; A1999-64 sch 2; A2009-36 s 72; A2011-22\nRestriction on publication of identity of parties\ns 97 am A1994-81; A2009-36 s 72\nFalse statements\ns 98 am A1994-81\nom A2004-15 amdt 2.7\nPersonation of person whose consent to adoption is required\ns 99 am A1994-81; A2009-36 s 72\nPresenting consent obtained by fraud etc\ns 100 hdg sub A2004-15 amdt 2.8\ns 100 am A1994-81; A2004-15 amdt 2.9\nImproperly witnessing consent\ns 101 am A1994-81; A2009-36 s 72\nNotification and review of decisions\npt 7A hdg ins A2008-37 amdt 1.10\nMeaning of reviewable decision—pt 7A\ns 102 am A1994-81; A1999-64 sch 2\nom A2004-15 amdt 2.10\nins A2008-37 amdt 1.10\nReviewable decision notices\ns 103 am A1999-64 sch 2\nom A2005-47 amdt 1.3\nins A2008-37 amdt 1.10\nam A2009-36 s 72, s 73; A2011-22 amdt 1.25;\nA2025-29 amdt 4.6\nApplications for review\ns 103A ins A2008-37 amdt 1.10\nRegistration of orders\ns 104 am A1993-64; A2001-44 amdt 1.56; A2009-36 s 49; A2025-29\namdt 4.6\nMemoranda of orders interstate\ns 105 am A1993-64; A1997-113; A2001-44 amdt 1.57, amdt 1.58;\nA2025-29 amdt 4.6\nParticulars of interstate orders\ns 106 am A1993-64; A2009-36 s 50\n\nLegal representation of child or young person\ns 107 hdg am A2009-36 s 72\ns 107 am A2009-36 s 72\nNotification to parents\ns 108 am A1999-64 sch 2; A2009-36 s 72; A2011-22 amdt 1.25\nFinancial support of adopted children and young people\ns 108A ins A2009-36 s 51\nNotice of decisions\ns 109 am A1993-64; A1994-60; A1999-64 sch 2\nom A2008-37 amdt 1.11\nReview by administrative appeals tribunal\ns 110 am A1999-64 sch 2\nom A2008-37 amdt 1.11\nAuthority to prosecute\ns 111 am A2001-44 amdt 1.59, amdt 1.60\nHearings to be in camera\ns 112 am A1997-96\nContents of reports not to be disclosed\ns 113 am A2009-36 s 52\nDirector-general may appear at hearings\ns 115 hdg am A2011-22 amdt 1.25\ns 115 am A1999-64 sch 2; A2011-22 amdt 1.25\nJudicial notice of signatures\ns 117 am A1999-64 sch 2; A2011-22 amdt 1.25\nom A2011-48 amdt 1.2\nDetermination of fees\ns 118 sub A2001-44 amdt 1.61\nFees payable\ns 119 om A2001-44 amdt 1.61\nTransitional provisions\ns 120 om A2008-28 amdt 3.13\nApproved forms\ns 120A ins A2001-44 amdt 1.62\n(4)-(7) exp 12 September 2002 (s 120A (7))\n\nRegulation-making power\ns 121 am A1998-54; A1999-64 sch 2\nsub A2001-44 amdt 1.63\nam A2009-36 s 53, s 72; A2011-22 amdt 1.25; A2025-29\namdt 4.6\nReview of certain amendments made by Adoption Amendment Act 2020\ns 122 ins A2020-39 s 8\nexp 1 September 2023 (s 122 (3))\nTransitional—Adoption Amendment Act 2009 (No 2)\npt 20 hdg ins A2009-36 s 54\nDefinitions—pt 20\ns 200 ins A2009-36 s 54\ndef amended Act ins A2009-36 s 54\ndef amending Act ins A2009-36 s 54\ndef commencement day ins A2009-36 s 54\ndef pre-amendment Act ins A2009-36 s 54\nProceeding not completed before commencement day\ns 201 ins A2009-36 s 54\nConsents to which s 34 (3) applies\ns 202 ins A2009-36 s 54\nRequest for placement not decided before commencement day\ns 203 ins A2009-36 s 54\nPlacement in force before commencement day\ns 204 ins A2009-36 s 54\nTransitional regulations\ns 205 ins A2009-36 s 54\nExpiry—pt 20\ns 206 ins A2009-36 s 54\n\nsch 1 ins A2009-36 s 55\ndict ins A2008-28 amdt 3.14\nam A2008-37 amdt 1.12, amdt 1.13; A2009-36 s 56; A2011-22\namdt 1.23, amdt 1.24; A2012-40 amdt 3.10; A2016-13\namdt 1.4\ndef Aboriginal child reloc from s 4 A2008-28 amdt 3.7\nom A2009-36 s 57\ndef Aboriginal or Torres Strait Islander child or young\nperson ins A2009-36 s 58\nsub A2019-42 amdt 3.2\ndef Aborigine reloc from s 4 A2008-28 amdt 3.7\nom A2009-36 s 59\ndef adoption compliance certificate ins A2009-36 s 60\ndef adoption order sub A2008-28 amdt 3.1\nsub A2009-36 s 61\ndef adoptive relative ins A2008-28 amdt 3.14\ndef associated person ins A2008-28 amdt 3.14\ndef Australia reloc from s 4 A2008-28 amdt 3.7\ndef birth parent ins A2008-28 amdt 3.14\ndef birth relative ins A2008-28 amdt 3.14\ndef central authority ins A2009-36 s 62\ndef charitable organisation sub A2008-28 amdt 3.2\ndef child sub A2008-28 amdt 3.2\nsub A2009-36 s 63\ndef Commonwealth Bilateral Arrangements Regulation ins\nA2009-36 s 64\ndef Commonwealth central authority ins A2009-36 s 64\ndef competent authority ins A2009-36 s 64\ndef contact veto register reloc from s 4 A2008-28 amdt 3.7\ndef Convention ins A2009-36 s 64\ndef Convention country ins A2009-36 s 64\ndef country ins A2008-28 amdt 3.14\nsub A2009-36 s 65\ndef court reloc from s 4 A2008-28 amdt 3.7\ndef disposition of property reloc from s 4 A2008-28 amdt 3.7\ndef general consent sub A2008-28 amdt 3.2\ndef guardian am A1999-64 sch 2\nam A2009-36 s 66, s 72\n\ndef identifying information ins A2008-28 amdt 3.14\ndef information ins A2008-28 amdt 3.14\ndef instrument of consent sub A2008-28 amdt 3.2\ndef intercountry adoption ins A2009-36 s 67\ndef interim order sub A2008-28 amdt 3.3\ndef limited consent sub A2008-28 amdt 3.4\ndef non-citizen child or young person ins A2009-36 s 68\ndef prescribed overseas jurisdiction ins A2009-36 s 68\ndef principal officer am A1999-64 sch 2\nsub A2008-28 amdt 3.4\ndef private adoption agency reloc from s 4 A2008-28\namdt 3.7\ndef register of births ins A1997-113 sch\ndef register of suitable people ins A2009-36 s 69\ndef relative sub A2008-28 amdt 3.5\nam A2009-36 s 72\ndef relevant authority ins A2008-28 amdt 3.14\ndef relevant administrative unit am A1994-38 sch 1 pt 4\ndef responsible person reloc from s 4 A2008-28 amdt 3.7\nsub A2009-36 s 70\nam A2019-42 amdt 3.3\ndef reunion information register reloc from s 4 A2008-28\namdt 3.7\ndef reviewable decision ins A2008-37 amdt 1.14\ndef service reloc from s 4 A2008-28 amdt 3.7\ndef State central authority ins A2009-36 s 71\ndef step-parent ins A2009-36 s 71\ndef young person ins A2009-36 s 71\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n27 Aug 1993–\n30 Sept 1993\nA1993-44 amendments by\nA1993-44\n31 Jan 1994\n1 Oct 1993–\nA1993-64 amendments by\nA1993-64\nR1 (RI)\n1 Oct 1993–\nA1993-64 reissue of printed\nR1A\n1 July 1994–\n13 Nov 1994\nA1994-38 amendments by\nA1994-38\nR1B\n14 Nov 1994–\n28 Nov 1994\nA1994-60 amendments by\nA1994-60\nR1C\n29 Nov 1994–\n14 Dec 1994\nA1994-81 amendments by\nA1994-81\n31 Jan 1995\n15 Dec 1994–\nA1994-97 amendments by\nA1994-97\nR2 (RI)\n15 Dec 1994–\nA1994-97 reissue of printed\nR2A\n1 June 1998–\nA1997-113 amendments by\nA1997-96\n31 Jan 1999\n9 Dec 1998–\nA1998-54 amendments by\nA1997-113 and\nA1998-54\nR3 (RI)\n9 Dec 1998–\nA1998-54 reissue of printed\nR3A\n10 May 2000–\n11 Sept 2001\nA1999-64 amendments by\nA1999-64\n\nEarlier republications 5\nfor\n13 Dec 2001\n12 Sept 2001–\n12 Sept 2002\nA2001-44 amendments by\nA2001-44\n13 Sept 2002\n13 Sept 2002–\n21 Mar 2004\nA2001-44 commenced expiry\n22 Mar 2004\n22 Mar 2004–\n8 Apr 2004\nA2004-1 amendments by\nA2004-1\n9 Apr 2004\n9 Apr 2004–\n28 Feb 2006\nA2004-15 amendments by\nA2004-15\nR8*\n1 Mar 2006\n1 Mar 2006–\n28 Sept 2006\nA2006-3 amendments by\nA2005-47 as\namended by\nA2006-3\n29 Sept 2006\n29 Sept 2006–\n25 Aug 2008\nA2006-40 amendments by\nA2006-40\n26 Aug 2008\n26 Aug 2008–\n26 Oct 2008\nA2008-28 amendments by\nA2008-28\n27 Oct 2008\n27 Oct 2008–\n1 Feb 2009\nA2008-37 amendments by\nA2008-20\n2 Feb 2009\n2 Feb 2009–\n5 Mar 2009\nA2008-37 amendments by\nA2008-37\n6 Mar 2009\n6 Mar 2009–\n21 Apr 2010\nA2009-6 amendments by\nA2009-6\n22 Apr 2010\n22 Apr 2010–\nA2009-36 amendments by\nA2009-36\nR15*\n1 July 2011–\n29 Feb 2012\nA2011-22 amendments by\nA2011-22\n1 Mar 2012\n1 Mar 2012–\n22 Apr 2012\nA2011-48 amendments by\nA2011-48\n23 Apr 2012\n23 Apr 2012–\n10 Sept 2012\nA2011-48 expiry of\ntransitional\nprovisions (pt 20)\n11 Sept 2012\n11 Sept 2012–\n31 Mar 2016\nA2012-40 amendments by\nA2012-40\n\n6 Expired transitional or validating provisions\nfor\n1 Apr 2016\n1 Apr 2016–\nA2016-13 amendments by\nA2016-13\n23 June 2016–\n8 Mar 2017\nA2016-38 amendments by\nA2016-38\n9 Mar 2017\n9 Mar 2017–\n13 Nov 2019\nA2017-4 amendments by\nA2017-4\n14 Nov 2019\n14 Nov 2019–\n31 Aug 2020\nA2019-42 amendments by\nA2019-42\n1 Sept 2020\n1 Sept 2020–\n19 Aug 2021\nA2020-39 amendments by\nA2020-39\n20 Aug 2021\n20 Aug 2021–\n1 Sept 2023\nA2020-40 amendments by\nA2020-40\n2 Sept 2023\n2 Sept 2023–\n5 Dec 2025\nA2020-40 expiry of provision\n(s 122)\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":144}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s present scope (as republished 6 December 2025) extends beyond a simple local adoption statute to include an explicit objects and principles section (Part 1A, s 4–6), a comprehensive information-access and register regime (Part 5, s 58–80), regulation of private adoption agencies limited to charitable organisations (Part 6, s 81–87), and a detailed intercountry adoption framework implementing the Hague Convention and bilateral arrangements (Part 4A, s 54–57M; sch 1). The amendment history in the republished text shows these were introduced by later amendments (for example, Part 1A and Part 4A were inserted by A2009-36 (see endnotes) and other substantive insertions and renumbering occurred across successive amendments). Those insertions and additions expand the Act’s functions from purely domestic adoption orders to a broader administrative, information‑management and international‑cooperation regime (see s 55–56 (State central authority), s 57A (reporting for intercountry adoption), and pt 5 (registers and information protections))."},"complexity_factors":["Extensive procedural detail across court, administrative and agency processes (multiple divisions and cross-references: s 35A–39F, pt 5, pt 6).","Interplay with international law (Hague Convention) and foreign competent authorities requiring documentary and immigration checks for intercountry adoptions (pt 4A, sch 1, s 57–57I).","Multiple statutory registers and confidential record-keeping obligations with conditional access rules (s 61–62, s 78–80, s 60).","Significant administrative discretion vested in the director-general (approvals, guardianship, refusing access, financial support) combined with judicial oversight (s 18–19, s 36, s 62, s 39F).","Detailed consent regime with strict revocation windows and court power to dispense with consent (s 26, s 31, s 35).","Criminal prohibitions that interact with administrative rules (unauthorised arranging/advertising, improper payments, publication restrictions) with varied penalties (s 94–97, s 89–91).","Cross-jurisdictional recognition and declaration processes for overseas adoptions and declarations of validity (s 53, s 57L–57M).","Numerous delegated powers to make regulations, approve forms and determine fees, increasing operational complexity (s 118, s 120A, s 121)."],"plain_english_summary":"# What this law does, who it affects, and how it works (plain English)\n\nThis Act sets the rules for adoption in the Australian Capital Territory (ACT). It tells courts, public officials and approved agencies how adoptions are started, who may be adopted, who may adopt, what consents and reports are required, how information about adoptions is handled, and what activities are criminal. It also implements the Hague Convention on intercountry adoption and rules for recognising adoptions made outside Australia (Part 4A, sch 1).\n\nKey mechanics (how the law operates):\n\n- Who can be adopted: a person under 18 who is present in the ACT (s 9). A person aged 18 or over may be adopted only if they have been in a care-giving relationship and received support from the applicant(s) (s 10).\n- Who can adopt: adoptive parents must be ordinarily resident in the ACT (s 13). For children, an applicant must be on the director-general’s register of suitable people (s 14, s 18–19). Joint applicants must generally have lived together for at least 3 years (s 14(b)).\n- Consents and time limits: required parental and guardian consents are set out (s 26). A person who signs consent normally has a limited revocation window (28 days, with a single short extension) (s 31–32). Courts can dispense with consent in specified circumstances (s 35).\n- Guardianship and placements before an order: when consents are in place, the director-general (or an approved private agency principal officer in some cases) becomes guardian until an adoption order is made (s 36–38). The director-general may place a child with a suitable person on the register while an adoption application is in progress (s 35A–35B).\n- Court process and evidence: adoption applications are heard by the Supreme Court; the court must receive written reports from the director-general or the private adoption agency describing the child and the proposed adoptive family and an adoption plan (s 39A–39D, s 39F). The court must consider the best interests of the child as the paramount consideration (s 5).\n- Intercountry adoption and recognition: the director-general is the ACT’s State central authority for the Hague Convention (s 55–56). Special tests and documentary steps apply for intercountry adoptions (s 57–57I) including issuing/accepting an adoption compliance certificate (dict, s 57C, s 57I) and checking immigration permission to leave/enter/settle (s 57(4), s 57B(2)(b), s 57H(4)(c)).\n- Access to adoption information: the Act creates obligations on the director-general and private agencies to keep adoption records and sets who can apply for non-identifying and identifying information, the registers to support information exchange (adoption information register, contact veto register, reunion information register) and counselling and safeguards before identifying information is released (pt 5, s 58–79, s 72–73).\n- Private adoption agencies: only charitable organisations may apply for approval to conduct adoptions; the director-general approves, can withdraw approval, and detailed records become the Territory’s property if approval ceases (pt 6, s 81–87).\n- Offences and penalties: the Act criminalises conduct such as taking a child from lawful adoptive custody, receiving children on behalf of someone who did so, unauthorised arrangements and advertising, improper payments in consideration of adoption (with narrow exceptions), personation and presenting fraudulent consent (pt 7, s 89–101, s 94–96).\n- Administrative powers: the director-general has multiple operational powers and duties (approvals, guardianship, reports, registers and information handling) (s 18, s 19, s 35A, s 36, s 39D, s 55–56, s 62, s 77–79). The court retains ultimate decision-making power in adoption applications.\n\nStated purposes and how the Act tries to achieve them: the Act says its main objects include putting the best interests of the child first, protecting cultural identity (with specific additional requirements for Aboriginal and Torres Strait Islander children, s 6, s 39G), recognising birth parents’ involvement, providing adoption plans and aligning standards for local and overseas adoptions (s 4). It implements those aims by prescribing consent rules, mandatory reports to courts, consultation with the child where practicable (s 39E), cultural consultation for Indigenous children (s 6, s 39G), and Convention procedures for intercountry cases (pt 4A).\n\nWho pays, who decides, and what behaviour changes:\n- Who pays: costs fall on applicants (court procedures, assessments, and any translation costs in intercountry cases; Convention art 34 is reflected by the regime) and on the Director-General’s office to operate registers and services. The Act prohibits payments “for” an adoption but allows legal or approved medical payments and allows the director-general to provide financial support to adoptive parents in narrow circumstances (s 94(2), s 108A). The Minister may determine fees (s 118).\n- Who decides: the Supreme Court decides whether an adoption order is made, based on reports and evidence (s 7, s 39F). The director-general exercises administrative discretion over approvals, guardianship, record-keeping, and information release (s 18–19, s 35A, s 36, s 62, s 77–79). Private adoption agencies act only if approved (pt 6).\n- Behaviour changes required: prospective adoptive parents must join the register of suitable people and undertake whatever assessments and counselling are required (s 18–19, s 39D). Birth parents face a defined consent and revocation process (s 27, s 31–32). Unauthorised intermediaries and advertisers are restricted (s 95–96), so private matching activity outside the approved system is prohibited.\n\nCosts, incentives, trade-offs and implementation considerations (source-grounded):\n- Administrative and compliance burden: multiple compulsory reports, registers and approval processes create ongoing administrative work for the director-general and private agencies (s 39D, s 19, s 61–62, s 78–80). Courts may require director-general investigations for consent-dispensing or discharging orders (s 35(2)–(3), s 39L(4)). Fees and determined charges may be imposed (s 118). These are explicit mechanisms that impose operational cost and time on applicants, agencies and the Territory.\n- Bureaucratic discretion and decision points: the director-general has several discretionary powers (approval/refusal of suitable people and agencies, removal from register, refusing access where necessary to protect best interests, guardian roles) (s 18–19, s 19(2), s 32(2), s 36). Those powers concentrate operational control in the administrative office, while the court retains judicial oversight for orders.\n- Effects on private enterprise and competition: the Act permits only charitable organisations to be approved as private adoption agencies (s 81(1); s 82(2)(a)). It also makes unauthorised arranging or advertising an offence (s 95–96). Those rules limit use of commercial intermediaries and restrict adoption-related commercial activity to approved, non-profit entities. This changes the set of entities that can lawfully provide adoption-matching services (pt 6).\n- Restrictions on payments and contract freedom: payments “for or in consideration of” an adoption are generally prohibited (s 94(1)) with limited exceptions for legal expenses, approved medical/hospital costs and payments authorised by the director-general or court (s 94(2)). This reduces commercial negotiation over placement and limits contracting options; it preserves only specific categories of permitted payments.\n- Privacy, speech and information access: the Act protects confidentiality of adoption records (s 60) and restricts publication of identifying information about parties during proceedings (s 97). It establishes processes and safeguards (registers, counselling, contact veto) for releasing identifying information (pt 5, s 70–73, s 78–80). These are formal limits on information flows and public reporting.\n- International and immigration constraints: for intercountry adoptions the court must be satisfied of Convention processes and that the child may leave/enter/settle in Australia (s 57(3)–(4), s 57B(2)(b)). The Act therefore ties adoption outcomes to immigration law and foreign competent authority approvals, creating procedural dependency on Commonwealth and foreign processes (pt 4A).\n\nPractical implementation risks and trade-offs:\n- Record and register maintenance is central to the scheme (s 19, s 61, s 78–80). If record systems or inter-agency cooperation are weak the statutory processes (information release, bequests, recognition of overseas orders) may be delayed or error-prone (s 48, s 62, s 57L–57M).\n- The combination of administrative discretion (director-general) and judicial decision-making (court) requires clear documentation and timely reporting (s 35(2)–(3), s 39D, s 39F). Delays or inconsistent exercise of discretion can increase cost and uncertainty for applicants.\n- Curtailing unauthorised intermediaries and advertising (s 95–96) reduces unregulated supply but concentrates placement activity in government and approved charitable agencies; this concentrates control of placement standards and may increase demand on the director-general’s office.\n\nConcrete trade-offs the Act implements (mechanisms, not value judgements):\n- Safety, oversight and record-keeping versus speed and private matching: the Act prioritises documented consent, court oversight and approved agencies (s 35, s 39D, pt 6) at the cost of limiting informal private arrangements (s 95–96).\n- Uniform standards for intercountry adoptions versus dependency on foreign procedures: the Act imposes Convention tests and requires cooperation with foreign central authorities (s 55–57I), which adds compliance steps and reliance on foreign approvals and immigration clearance.\n\nKey sections to consult quickly: s 4 (objects); s 5–6 (best interests and Indigenous additional requirements); s 9–14 (who/ who may adopt); s 18–19 (register and approvals); s 26–35 (consent rules); s 35A–39F (placements, guardianship, reports and court tests); Part 4A (s 54–57M) for intercountry adoption; Part 5 (s 58–80) for information access and registers; pt 6 (s 81–87) for private agencies; pt 7 (s 89–101) for offences; s 118 (fees) and s 121 (regulations).\n\nSources: text and section references are from the Adoption Act 1993 as republished and amended (effective 6 December 2025)."},"kimi_summary":{"_metrics":{"completionTokens":1067},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1993 scope. Major growth areas include: (1) Part 4A on intercountry and overseas adoption — a substantial addition in 2009 implementing the Hague Convention; (2) detailed information access schemes in Part 5 with multiple registers and counselling requirements; (3) adult adoption provisions in section 10; (4) Aboriginal and Torres Strait Islander cultural protections in section 6; and (5) financial support provisions for adoptive parents in section 108A. The original Act was substantially rewritten in 2009, transforming from a relatively straightforward domestic adoption statute into a comprehensive child welfare and family law instrument with international dimensions."},"complexity_factors":["Multiple overlapping regimes: domestic adoption, adult adoption, intercountry adoption under Hague Convention, and bilateral arrangements each with different rules","Extensive cross-referencing between Parts — for example, section 10 (adult adoption) lists 9 divisions that don't apply, requiring readers to track exclusions across the Act","Conditional logic with nested exceptions: e.g., consent requirements vary based on whether child was previously adopted, whether father is presumed under Parentage Act, whether person is dead, etc.","Time-sensitive provisions: 28-day revocation period with possible 14-day extension, 1-year placement deadlines, 2-year maximum for interim orders","Multiple registers and information schemes: register of suitable people, adoption information register, contact veto register, reunion information register — each with different access rules","Interaction with other laws: Family Law Act 1975, Children and Young People Act 2008, Immigration (Guardianship of Children) Act 1946, Births Deaths and Marriages Registration Act 1997, and the full Hague Convention text in Schedule 1","Aboriginal and Torres Strait Islander provisions create parallel decision-making requirements that must be satisfied in addition to standard criteria","Historical layering: transitional provisions for pre-2009 adoptions, different rules for adoptions before/after 2009 Amendment Act, and recognition of adoptions under repealed laws"],"plain_english_summary":"This is the **Adoption Act 1993 (ACT)** — the main law governing how adoptions work in the Australian Capital Territory.\n\n**What it does:**\n\nThe Act creates a comprehensive legal framework for:\n- **Adopting children and young people** (under 18) — including from foster care, by step-parents, by relatives, or through intercountry adoption\n- **Adopting adults** (18+) — but only in limited circumstances where there's already been a long-term care relationship\n- **Intercountry adoptions** — adopting children from overseas, including under the Hague Convention (an international treaty to protect children in cross-border adoptions)\n\n**Key principles:**\n- The **best interests of the child** are the paramount (most important) consideration in every decision\n- **Aboriginal and Torres Strait Islander children** have additional protections — their cultural identity and community connections must be preserved\n- **Children must be consulted** about adoption decisions in ways they can understand\n- **Birth parents' rights** are protected through consent requirements, revocation periods, and information-sharing rules\n\n**Who can adopt:**\n- Must be ordinarily resident in the ACT\n- Must be approved as \"suitable\" and placed on a register\n- Couples must have lived together in a domestic partnership for at least 3 years\n- Single people can adopt in limited circumstances (step-parents, or if not in a domestic partnership)\n\n**The process:**\n- Birth parents (and sometimes guardians) must **consent** to adoption\n- Consent can be **revoked** within 28 days (extendable to 42 days in some cases)\n- The **director-general** (a senior ACT government official) manages placements and guardianship before adoption\n- The **Supreme Court** makes final adoption orders after being satisfied the adoption is in the child's best interests\n\n**Access to information:**\n- **Adopted people**, birth parents, and adoptive relatives can access **non-identifying information** (medical history, general circumstances)\n- **Identifying information** (names, addresses) is more restricted — requires approvals, counselling, and may be subject to contact vetoes for older adoptions\n- The Act maintains registers for adoption information, contact vetoes, and reunion services\n\n**Offences:**\n- Taking an adopted child from adoptive parents (up to 5 years prison)\n- Paying for adoptions or babies (illegal \"baby selling\")\n- Unauthorised advertising for adoption\n- Publishing identifying information about parties to adoption proceedings\n- Fraudulent consents or impersonation\n\n**Why it matters:**\nThis Act balances three important goals: finding permanent, stable families for children who need them; protecting the rights and wellbeing of birth parents (especially vulnerable mothers); and ensuring adopted people can understand their origins and maintain cultural connections. It also ensures Australia meets its international obligations for ethical intercountry adoption."}},"importantCases":[],"_links":{"self":"/api/acts/adoption-act-1993","history":"/api/acts/adoption-act-1993/history","analysis":"/api/acts/adoption-act-1993/analysis","conflicts":"/api/acts/adoption-act-1993/conflicts","importantCases":"/api/acts/adoption-act-1993/important-cases","documents":"/api/acts/adoption-act-1993/documents"}}