{"id":"adoption-of-children-act-1994","name":"Adoption of Children Act 1994","slug":"adoption-of-children-act-1994","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29828,"registerId":"nt-adoption-of-children-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Adoption of Children Act 1994.\n2 Commencement\nThe provisions of this Act shall come into operation on such date or\ndates as is or are fixed by the Administrator by notice in the\nGazette.\n3 Interpretation\n(1) In this Act, unless the contrary intention appears:\nAboriginal means a person who is a member of the Aboriginal race\nof Australia.\nadoption list means the list established and maintained by the\nMinister under section 18.\nadoptive parent, in relation to a child, means a person in whose\nfavour an order for the adoption of a child has been made (whether\nbefore or after the commencement of this Act).\nallocation, in respect of the adoption of a child, means the\nmatching of a person or persons wishing to adopt a child and a\nchild who is available for adoption (for the purposes of the adoption\nof the child) taking into account the interests and welfare of the\nchild and the wishes of the parent or parents of the child and the\nperson or persons wishing to adopt.\napproved person means a person, or the holder from time to time\nof a particular designation or office, approved in writing by the\nMinister for a purpose under this Act.\n\nPart 1 Preliminary\nAdoption of Children Act 1994 2\ncare and custody, in relation to a child, means the responsibility\nfor the daily care and control of the child, including making\ndecisions concerning the accommodation, attendance at school,\nclothing, feeding, transportation, behaviour and urgent or routine\nhealth needs of the child.\nchild means a person who is or was available for adoption in\nrespect of whom an order for adoption is yet to be made or has\nbeen made.\ncitizen-child means a child who was born and is domiciled in a\nState or Territory.\nCourt means the Local Court.\nDepartment means the department responsible through the\nMinister for the administration of this Act.\ndisposition of property includes the grant or exercise of a power\nof appointment in respect of property.\nguardian, in relation to a child, means the person who has the\nresponsibility for the care and custody and the long term welfare of\nthe child (including decisions concerning education, religion, place\nof residence and the general health of the child) and who has the\nrights, powers and duties vested by law or custom in the guardian\nof the child.\nmarriage means a legal marriage and married has a corresponding\nmeaning.\nnon-citizen child means a child who has not attained the age of\n18 years, who has entered the Territory as a non-citizen for the\npurposes of being adopted by a permanent resident of Australia\nand who is intended to become a permanent resident of Australia.\noverseas country means a country that is outside the\nCommonwealth and the Territories of the Commonwealth and\nincludes part of such a country.\nparent means birth parent or adoptive parent.\nRegister of Adoptions, see section 54(1)(a).\nregistrar, see section 3 of the Local Court Act 2015.\nrelative, in relation to a child, means a grandparent, brother, sister,\nuncle or aunt of the child, whether the relationship is of whole-blood\nor half-blood or by affinity, and notwithstanding that the relationship\ndepends on the adoption of any person.\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\nAdoption of Children Act 1994 3\nrelinquishing parent means a parent who has relinquished a child\n(for the purposes of the adoption of the child) in respect of whom an\norder for adoption has been made.\nspouse, of a person, means any of the following:\n(a) a person to whom the person is married;\n(b) if the person is an Aboriginal – an Aboriginal with whom the\nperson is in a traditional Aboriginal marriage;\n(c) a person who is in a de facto relationship with the person.\ntraditional Aboriginal marriage means a relationship between an\nAboriginal man and woman that is recognised as a traditional\nmarriage by the community or group to which either Aboriginal\nbelongs.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) If the holder of an office that is established by another Act (office\nholder) is referred to in this Act and the office holder has power to\ndelegate to another person or holder of an office or designation all\nor any of the office holder's powers and functions under that Act:\n(a) the powers and functions that may be so delegated are taken\nto include the powers and functions under this Act and the\npowers and functions under this Act may be delegated in the\nmanner provided by that other Act; and\n(b) in relation to a power or function so delegated, a reference in\nthis Act to the holder of that office is to be read as including a\nreference to the delegate.\n(3) For the purposes of this Act, birth, in relation to a child or a parent,\nmeans as a result of a pregnancy caused:\n(a) by sexual relations; or\n(b) by a fertilisation procedure within the meaning of Part IIIA of\nthe Status of Children Act 1978, parenthood being determined\nin accordance with that Part.\n(4) For the purposes of this Act, a reference to 2 persons or a couple in\nrelation to a joint adoption of a child under this Act is a reference to:\n(a) 2 persons who are married; or\n\nPart 2 Jurisdiction\nAdoption of Children Act 1994 4\n(b) 2 Aboriginal persons who are living together in a traditional\nAboriginal marriage; or\n(c) 2 persons who are in a de facto relationship.\n4 Delegation\n(1) The Minister may delegate to a person, or the holder from time to\ntime of a particular designation or office, any of the Minister's\npowers and functions under this Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is deemed to have been exercised or\nperformed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Jurisdiction","content":"Part 2 Jurisdiction\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Jurisdiction of Local Court","content":"5 Jurisdiction of Local Court\nSubject to this Act, the Court has the jurisdiction to hear and\ndetermine all proceedings instituted under this Act.\nNote for section 5:\nIn relation to the adoption of children, the Court also has jurisdiction under the\nFamily Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth)\nfor a matter to which a provision of Part 4 of those regulations applies.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Cases in which jurisdiction to be exercised","content":"6 Cases in which jurisdiction to be exercised\n(1) The Court shall not make an order for the adoption of a child\nunless, at the time of the filing in the Court of the application for the\norder:\n(a) the applicant, or (in the case of joint applicants) each of the\napplicants, was resident or domiciled in the Territory; and\n(b) the child was present in the Territory.\n(2) For the purposes of subsection (1), where the Court is satisfied that\nan applicant was resident or domiciled in the Territory, or that the\nchild was present in the Territory, on a date within 21 days before\nthe date on which an application was filed in the Court, the Court\nmay, in the absence of evidence to the contrary, presume that the\napplicant was resident or domiciled in the Territory, or that the child\nwas present in the Territory, as the case may be, at the time of the\n\nPart 3 Adoptions under this Act\nDivision 1 General\nAdoption of Children Act 1994 5\nfiling of the application in the Court.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Rules of private international law not to apply","content":"7 Rules of private international law not to apply\nThe jurisdiction of the Court to make an order for adoption is not\ndependent on any fact or circumstances not expressly specified in\nthis Act.\nPart 3 Adoptions under this Act\nDivision 1 General\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Welfare and interests of child to be paramount","content":"8 Welfare and interests of child to be paramount\n(1) For the purposes of the administration of this Act, adoption shall be\nregarded as a service for the child concerned, and the welfare and\ninterests of the child shall be the paramount consideration.\n(2) In determining the welfare and interests of a child referred to in\nsubsection (1), regard shall be had, inter alia, to the ethnicity and\nreligion of the birth parents of the child and, in so doing, the matters\nset out in Schedule 1 shall be taken into account.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Responsibilities of Minister","content":"9 Responsibilities of Minister\nThe Minister is responsible for:\n(a) the assessment of the suitability of a person or persons to\nadopt a child (including a non-citizen child); and\n(b) the arrangements for and in relation to the allocation of a\ncitizen-child to a person or persons wishing to adopt the child;\nand\n(c) the transfer of the care and custody of a child (including a\nnon-citizen child) to the person or persons who will adopt the\nchild; and\n(d) the giving of the Minister's consent to the adoption of a child\n(including a non-citizen child) of whom the Minister has\nguardianship.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Wishes of child","content":"10 Wishes of child\n(1) Subject to this Part, an order for the adoption of a child shall not be\nmade unless the Court is satisfied that, as far as practicable and\nhaving regard to the age and understanding of the child, the wishes\nand feelings of the child have been ascertained and due\nconsideration given to them.\n\nPart 3 Adoptions under this Act\nDivision 1 General\nAdoption of Children Act 1994 6\n(2) Subject to this Part, an order for the adoption of a child who has\nattained the age of 12 years shall not be made unless:\n(a) the child has consented to the adoption; or\n(b) notwithstanding that the child has not consented to the\nadoption, the Court is satisfied that there are special reasons\nrelated to the welfare and interests of the child why the order\nshould be made.\n(3) Notwithstanding subsections (1) and (2)(b), an order for the\nadoption of a child who, on the date the order is made, has attained\nthe age of 18 years shall not be made unless the child consents to\nthe adoption.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Adoption of Aboriginal child","content":"11 Adoption of Aboriginal child\n(1) Where an order for the adoption of an Aboriginal child is to be\nmade, the Court shall satisfy itself that every effort has been made\n(including consultation with the child's parents, with other persons\nwho have responsibility for the welfare of the child in accordance\nwith Aboriginal customary law and with such Aboriginal welfare\norganisations as are appropriate in the case of the particular child)\nto arrange appropriate custody:\n(a) within the child's extended family; or\n(b) where that cannot be arranged, with Aboriginal people who\nhave the correct relationship with the child in accordance with\nAboriginal customary law.\n(2) In making an order for the adoption of an Aboriginal child, where, in\nthe opinion of the Court, the custody referred to in subsection (1) is\nnot possible or would not be consistent with the welfare and\ninterests of the child, the Court shall ensure that a placement is\nmade that is consistent with the best interests and welfare of the\nchild and in so doing shall:\n(a) give preference to the adoption of the child by applicants one\nor both of whom are Aboriginal persons who are, in the\nopinion of the Minister, suitable to adopt the child;\n(b) take into consideration the placement of the child in\ngeographical proximity to the family or other relatives of the\nchild who have an interest in, and a responsibility for, the\nwelfare of the child; and\n\nPart 3 Adoptions under this Act\nDivision 1 General\nAdoption of Children Act 1994 7\n(c) take into consideration undertakings, if any, by the persons\nwho will have the care and custody of the child to encourage\nand facilitate the maintenance of contact between the child\nand its own kin and with its own culture.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Who may be adopted","content":"12 Who may be adopted\n(1) Subject to this Act, the Court may, on application, make an order for\nthe adoption of a child who:\n(a) had not attained the age of 18 years before the date on which\nthe application was filed in the Court; or\n(b) has been brought up, maintained and educated by the\napplicant or applicants, or by the applicant and a deceased or\nestranged spouse of the applicant, as their child.\n(2) The Court must not make an order for the adoption of a child who is\nor has been married, is living or has lived in a de facto relationship\nor has entered into a traditional Aboriginal marriage.\n(3) An order may be made under this Act for the adoption of a child\neven if the child has, whether before or after the commencement of\nthis Act, and whether in the Territory or elsewhere, previously been\nadopted.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Adoption by couple","content":"13 Adoption by couple\n(1) Except as provided by this section, the Court may make an order\nfor the adoption of a child in favour of 2 persons, who, on the date\non which the order is made:\n(a) are married to each other and have been so married for not\nless than 2 years; or\n(b) have entered into a relationship that is recognised as a\ntraditional Aboriginal marriage and has been so recognised for\nnot less than 2 years; or\n(c) are in a de facto relationship with each other and have been\nso for not less than 2 years; or\n(d) have been living with each other in any combination of the\nrelationships mentioned in paragraphs (a) to (c) and have\nbeen so living for not less than 2 years.\n(2) The Court must not make an order for adoption in favour of\n2 persons jointly under subsection (1) where one of them is a\nparent of the child.\n\nPart 3 Adoptions under this Act\nDivision 1 General\nAdoption of Children Act 1994 8\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Adoption by one person","content":"14 Adoption by one person\n(1) Subject to this section, the Court must not make an order for the\nadoption of a child in favour of one person (not being a person to\nwhom section 15 applies) unless:\n(a) the child is under the guardianship of the Minister; and\n(b) it is satisfied that, in the opinion of the Minister, exceptional\ncircumstances exist that make it desirable to do so.\n(2) A person mentioned in subsection (1) does not include a person\nwho has a spouse and who is not living separately and apart from\nthe person's spouse.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Adoption by spouse of parent or relative","content":"15 Adoption by spouse of parent or relative\n(1) Subject to this section, the Court may make an order for the\nadoption of a child in favour of:\n(a) the spouse of a parent of the child (whether a birth parent or\nan adoptive parent and whether alive or dead); or\n(b) a relative of the child; or\n(c) the spouse of a relative of the child; or\n(d) a relative of the child and the relative's spouse jointly.\n(2) A person mentioned in subsection (1)(b) or (c) does not include a\nperson who has a spouse and who is not living separately and\napart from the person's spouse.\n(3) The Court may not make an order for the adoption of a child in\nfavour of a person or persons mentioned in subsection (1) unless it\nis satisfied that:\n(a) the making of an order in relation to the guardianship or\ncustody of the child under the Family Law Act 1975 (Cth) or\nthe Guardianship of Infants Act 2016 would not make\nadequate provision for the welfare and interests of the child;\nand\n(b) in the opinion of the Minister, exceptional circumstances exist\nwhich make the making of an order for the adoption of the\nchild desirable; and\n(c) an order for the adoption of the child would make better\nprovision for the welfare and interests of the child than an\norder referred to in paragraph (a).\n\nPart 3 Adoptions under this Act\n","sortOrder":13},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1 General\nAdoption of Children Act 1994 9\n(4) If the Court makes an order for the adoption of a child in favour of\nthe spouse of a parent of the child, the person in whose favour the\norder is made is taken to be a parent of the child jointly with the\nfirst-mentioned parent and despite anything to the contrary in this\nAct or any other law in force in the Territory:\n(a) the child is not to be treated in law as if the child were not the\nchild of the first-mentioned parent; and\n(b) the first-mentioned parent is not to be treated in law as if the\nfirst-mentioned parent is not a parent of the child; and\n(c) the relationship between the child and the first-mentioned\nparent is not terminated; and\n(d) where the first-mentioned parent had been the guardian of the\nchild, the order does not terminate the guardianship; and\n(e) where the child was the adopted child of the first-mentioned\nparent, the order does not terminate the adoption,\nand section 45 otherwise applies.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Age of adoptive parents","content":"16 Age of adoptive parents\n(1) Subject to this section, the Court may only make an order for the\nadoption of a child where the person or persons in whose favour it\nis made:\n(a) has or have attained the age of 25 years; and\n(b) is or are not less than 25 years older than the child.\n(2) Where it is the first child to be adopted by the person or persons in\nwhose favour the order for adoption is to be made and that person\ndoes not have, or neither of those persons has, the care and\ncustody of a child (including an adopted child) the Court may make\nan order for the adoption of a child in favour of that person or those\npersons only if that person or the older of those persons is not more\nthan 40 years older than the child.\n(3) Where the person or persons, or one of those persons, in whose\nfavour the order for adoption is to be made, has or have the care\nand custody of a child (including an adopted child), the Court may\nmake an order for the adoption of a child in favour of that person or\nthose persons only if that person or the older of those persons is\nnot more than 45 years older than the child.\n\nPart 3 Adoptions under this Act\nDivision 2 Application and assessment\nAdoption of Children Act 1994 10\n(4) Notwithstanding this section, the Court may make an order for the\nadoption of a child in favour of a person who does not comply with\nthis section where, in the opinion of the Minister, exceptional\ncircumstances exist that make such an order desirable.\nDivision 2 Application and assessment\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Application and assessment","content":"17 Application and assessment\n(1) A person or couple resident or domiciled in the Territory may apply\nto the Minister in the prescribed form to be assessed for suitability\nto adopt a child.\n(2) An application under subsection (1) may be made in relation to the\napplicant's suitability to adopt a citizen-child or a non-citizen child.\n(3) The Minister may arrange for an approved person to:\n(a) assess the suitability of the applicant to adopt a child; and\n(b) give a report on the assessment to the Minister.\n","sortOrder":16},{"sectionNumber":"17A","sectionType":"section","heading":"Suitability to adopt child","content":"17A Suitability to adopt child\n(1) The Minister must, after considering any report given to the Minister\nunder section 17(3), decide whether the applicant is suitable to\nadopt a child.\n(2) After making a decision under subsection (1), the Minister must\ngive written notice of the decision to the applicant.\n(3) If the Minister decides the applicant is not suitable to adopt a child,\nthe notice under subsection (2) must include reasons for the\ndecision.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"List of persons wishing to adopt citizen-child","content":"18 List of persons wishing to adopt citizen-child\n(1) The Minister must establish and maintain, in any form the Minister\nthinks appropriate, a list of persons or couples who are suitable to\nadopt a citizen-child.\n(2) The Minister must:\n(a) keep the adoption list in a form that indicates the chronological\norder that applications under section 17 made by persons or\ncouples found suitable to adopt a citizen-child were received\nby the Minister; and\n\nPart 3 Adoptions under this Act\n","sortOrder":18},{"sectionNumber":"Div 2","sectionType":"division","heading":"Application and assessment","content":"Division 2 Application and assessment\nAdoption of Children Act 1994 11\n(b) in relation to each person or couple whose names are\nincluded on the adoption list, record on the adoption list the\nparticulars the Minister thinks necessary to assist in the\narranging of an adoption, in respect of the person or couple\nand the child they wish to adopt.\n(3) The Minister must remove the name of a person or couple from the\nadoption list if the person or couple is no longer suitable to adopt a\ncitizen-child.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Persons whose names appear on adoption list of another State","content":"19 Persons whose names appear on adoption list of another State\nIf the Minister is satisfied that any persons applying to have their\nnames included on the adoption list are persons whose names are,\nor were within one month before the date of the application,\nincluded in a similar list kept by a person, officer or authority in\naccordance with the law of a State or another Territory, the Minister\nmay treat the application as having been received on the date on\nwhich the application by virtue of which the names were included in\nthe list kept by that person, officer or authority was received, or was\ntreated as having been received, by that person, officer or authority.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Minister to have regard to adoption list for allocation or","content":"20 Minister to have regard to adoption list for allocation or\nadoption of citizen-child\n(1) The Minister must have regard to the adoption list, and the\nchronological order of persons and couples on the adoption list,\nwhen making arrangements in relation to the following:\n(a) the allocation of a citizen-child to a person or couple;\n(b) the adoption of a citizen-child.\n(2) Subsection (1) does not limit the Minister's duty to consider all other\nrelevant matters when making any arrangements mentioned in that\nsubsection, including in particular the welfare and interests of the\ncitizen-child and the wishes of the birth parent or birth parents of\nthe citizen-child and the person or couple wishing to adopt.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Arrangements for adoption of non-citizen child","content":"21 Arrangements for adoption of non-citizen child\nIf a person or couple is found suitable to adopt a non-citizen child\nunder section 17A(1), the person or couple may proceed to have\narrangements made for the allocation of a non-citizen child to them\nfor adoption under the law in force in the Territory.\n\nPart 3 Adoptions under this Act\nDivision 3 Review of decision not to approve persons\nAdoption of Children Act 1994 12\n","sortOrder":22},{"sectionNumber":"Div 3","sectionType":"division","heading":"Review of decision not to approve persons","content":"Division 3 Review of decision not to approve persons\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Person aggrieved may seek review","content":"22 Person aggrieved may seek review\nA person or couple who is aggrieved by a decision of the Minister\nunder Division 2 as to the person's or couple's suitability to adopt\nmay, not later than one month after the date of the written notice\nfrom the Minister of the decision, or such longer time as the Minister\nmay allow, apply to the Minister for review of that decision on the\nground that the assessment of the person or couple was incorrect.\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Appointment of panel","content":"23 Appointment of panel\n(1) On receipt of an application for review under section 22, the\nMinister shall constitute a panel which shall consist of:\n(a) a chairperson who is a lawyer; and\n(b) 2 other persons (one of whom shall be a person who is an\nemployee within the meaning of the Public Sector\nEmployment and Management Act 1993 who is employed in\nthe Department) who, in the opinion of the Minister, are\nqualified and have relevant experience in the field of social\nwork, psychology or child welfare.\n(2) A member of a panel shall be appointed by instrument in writing in\naccordance with subsection (1) in respect of a particular application\nfor review and that appointment shall be automatically terminated\non the completion of its inquiry in respect of that review.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Role of panel","content":"24 Role of panel\n(1) The role of a panel appointed under section 23 is to conduct an\ninquiry for the purpose of re-assessing the suitability of a particular\nperson or couple to adopt and, on completion of its inquiry, to make\nrecommendations to the Minister as to whether or not the Minister's\ndecision should be varied.\n(2) Subject to this section, the procedure for the conduct of the inquiry\nby a panel shall be as determined by the panel in each case.\n(3) In conducting an inquiry, a panel:\n(a) shall act without regard to technicalities and legal form;\n(b) is not bound by rules of evidence; and\n(c) may inform itself on any matter in such manner as it thinks fit,\nincluding the interviewing of a person who applied for the\nreview.\n\nPart 3 Adoptions under this Act\nDivision 4 Consents to adoptions\nAdoption of Children Act 1994 13\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Minister to review decision","content":"25 Minister to review decision\nThe Minister must, as soon as practicable after receiving the\nrecommendations of a panel in respect of an application for review:\n(a) review the Minister's decision, taking into account those\nrecommendations; and\n(b) give written notice to the applicant or applicants of the\noutcome of the review.\nDivision 4 Consents to adoptions\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"No adoption without consent","content":"26 No adoption without consent\nSubject to this Act, the Court shall not make an order for the\nadoption of a child unless:\n(a) consent (not being consent that has been revoked) to the\nadoption is given by the appropriate person or persons\nascertained in accordance with this Division; or\n(b) the Court has, by order under section 35, dispensed with the\ngiving of a consent to the adoption by such a person.\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Consents of parents and guardians required","content":"27 Consents of parents and guardians required\n(1) Subject to section 28, in the case of a child who has not previously\nbeen adopted, consent to the adoption of the child by each person\nwho is a birth parent or a guardian of the child is required, except\nthat the consent of a birth parent of a child born outside the\nmarriage or the traditional Aboriginal marriage of the child's birth\nparents is not required unless that birth parent's parenthood of the\nchild is recognised under a law in force in the Territory before the\nearlier of the following:\n(a) the expiration of one month after the day on which an\ninstrument of consent to the adoption of the child was signed\nby the first-mentioned birth parent or a guardian;\n(b) the day on which an order for the dispensation of the giving of\na consent to the adoption of the child is made by the Court\nunder section 35.\n(2) In the case of a child who has been previously adopted, the\nconsent of every person who is an adoptive parent or a guardian of\nthe child is required.\n\nPart 3 Adoptions under this Act\nDivision 4 Consents to adoptions\nAdoption of Children Act 1994 14\n(3) If a person whose consent is otherwise required under this section\nis the applicant or one of the applicants for an order for adoption,\nthat person's consent to the adoption is not required.\n(4) This section does not apply in the case of a child who has attained\nthe age of 18 years before the order for adoption is made.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Birth parent to be given opportunity to consent","content":"28 Birth parent to be given opportunity to consent\n(1) In the case of the adoption of a child who has not been adopted\nbefore and who was born outside the marriage or the traditional\nAboriginal marriage of the child's birth parents and only one birth\nparent consents to the adoption of the child, where the Minister\nknows or, after making reasonable inquiry, ascertains the name and\nlast-known address of a person who the Minister reasonably\nbelieves to be the other birth parent of the child, the Minister must,\nby certified mail within 14 days after the first-mentioned birth parent\ngives consent to the adoption, send to the other birth parent written\nadvice of the first-mentioned birth parent's consent to the adoption\nof the child.\n(2) A birth parent to whom the Minister sends written advice under\nsubsection (1) may, within 7 days after receiving the advice, give\nnotice to the Minister that the birth parent intends to take steps to\nestablish the birth parent's parenthood of the child in accordance\nwith the Status of Children Act 1978.\n(3) The birth parent mentioned in subsection (2) must, within one\nmonth after the giving of notice to the Minister under that\nsubsection:\n(a) establish the birth parent's parenthood of the child; or\n(b) commence proceedings to establish the birth parent's\nparenthood of the child under the Status of Children Act 1978.\n(3A) If the birth parent mentioned in subsection (2) does not comply with\nsubsection (3), the birth parent's consent to the adoption is not\nrequired.\n(4) If the birth parent mentioned in subsection (2) establishes the birth\nparent's parenthood of the child, the birth parent's consent to the\nadoption of the child is required in accordance with this Division.\n(5) On application by the Minister within 7 days after receiving the\nconsent of the first-mentioned birth parent mentioned in\nsubsection (1), the Court may, if it is satisfied that sufficient grounds\nexist, order that the Minister is not required to comply with\nsubsection (1) and accordingly the Minister must not comply with\nthat subsection.\n\nPart 3 Adoptions under this Act\nDivision 4 Consents to adoptions\nAdoption of Children Act 1994 15\n29 Consent for adoption of non-citizen child\n(1) Where an application is made for the adoption of a non-citizen\nchild:\n(a) this Division does not apply in relation to the giving of consent\nto the adoption of the non-citizen child by a parent or a\nguardian of the non-citizen child; and\n(b) the Court must satisfy itself that the Minister consents to the\napplication for the adoption of the non-citizen child before\nmaking the order for the adoption.\n(2) The Minister's consent referred to in subsection (1) shall be\naccompanied by a written declaration, signed by the Minister, that\nthe Minister believes on reasonable grounds:\n(a) that each parent or guardian of the non-citizen child:\n(i) has, before the child commenced the journey to\nAustralia, given consent in accordance with the law of\nthe place of residence of the parent or guardian of the\nchild to the adoption of the child and has not revoked the\nconsent; or\n(ii) is dead or cannot, after reasonable inquiry, be found; or\n(b) that circumstances exist by reason of which the consent of a\nparent or guardian, if required under this Act, may be\ndispensed with.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Person consenting to receive counselling","content":"30 Person consenting to receive counselling\n(1) Subject to subsection (4), a person (other than the Minister) who is,\nunder this Division, required to consent to an adoption of a child\nmust not consent to the adoption unless the person has received\ncounselling from an approved person.\n(2) The person who gives the counselling mentioned in subsection (1)\nmust, not later than 7 days before consent to an adoption is given,\ngive to the person or persons who propose to consent to the\nadoption information in the prescribed form in respect of the effect\nof an order for adoption and the alternatives to adoption.\n(3) The Minister may, for the purposes of a proceeding under this Act,\ncertify that subsections (1) and (2) have been complied with and\nsuch certification by the Minister is prima facie evidence that\nsubsections (1) and (2) have been complied with.\n\nPart 3 Adoptions under this Act\nDivision 4 Consents to adoptions\nAdoption of Children Act 1994 16\n(4) This section does not apply to a person who proposes to give\nconsent to an adoption and who will have been residing outside the\nTerritory for a continuous period of 2 months at the time of giving\nthe consent.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Form of consent","content":"31 Form of consent\n(1) Subject to this section, a consent to an adoption shall be in the\nprescribed form and shall be:\n(a) expressed as consent of the person giving consent to the\nadoption of the child by the person or persons who the\nMinister is satisfied is suitable to adopt the child;\n(b) signed by the person giving the consent; and\n(c) witnessed as prescribed.\n(2) Notwithstanding subsection (1)(a), where:\n(a) an applicant, whether or not one of joint applicants, for an\norder for the adoption of a child is a relative of the child, the\nspouse of a parent of the child or the spouse of a relative of\nthe child; or\n(b) the Minister, as guardian, is required to consent to the\nadoption of the child,\nconsent to the adoption may be expressed as a consent to the\nadoption of the child by a particular person or, where joint\napplicants, particular persons.\n(3) Where a consent of the kind referred to in subsection (1) has been\nrelied on in an application for an order for adoption, but the\napplication has been refused by the Court, the consent remains in\noperation for the purposes of a further application for the adoption\nof the child unless the Court directs otherwise.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Consents given under law of a State or another Territory","content":"32 Consents given under law of a State or another Territory\nIf:\n(a) a person whose consent to the adoption of a child is required\nby this Division has, in accordance with the law of a State or of\nanother Territory, duly signed an instrument of consent for the\nadoption of a child by any person approved by or on behalf of\nthe officer performing in that State or other Territory functions\nsimilar to those of the Minister; and\n\nPart 3 Adoptions under this Act\nDivision 4 Consents to adoptions\nAdoption of Children Act 1994 17\n(b) that officer or a person acting on the officer's behalf, has, in\nwriting, authorised the Minister to make arrangements for the\nadoption of the child in the Territory; and\n(c) the consent evidenced by the instrument of consent has not\nbeen revoked in accordance with the law of that State or other\nTerritory;\nthat instrument of consent is, for the purposes of this Act, taken to\nbe an instrument executed in accordance with this Division and\nevidencing a subsisting consent to the adoption of the child.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Revocation of consent","content":"33 Revocation of consent\n(1) A consent to the adoption of a child given for the purposes of this\nAct by a person other than the child may be revoked by notice in\nwriting served on the Minister before the expiration of one month\nafter the date on which the instrument of consent was signed but\nmay not otherwise be revoked.\n(2) Service of a notice of revocation on the Minister under\nsubsection (1) shall be effected by delivering it personally, or by\nsending it by certified mail, to the appropriate office within the\nDepartment.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Defective consents","content":"34 Defective consents\n(1) The Court may refuse to make an adoption order where consent to\nthe adoption was given, or is purported to have been given, by a\nperson (not being the child) for the purposes of this Division if it\nappears to the Court that:\n(a) the consent was not given in accordance with this Act;\n(b) the consent was obtained by fraud, duress or other improper\nmeans;\n(c) the instrument of consent has been altered in a material\nparticular without authority; or\n(d) the person who gave or purportedly gave the consent was not,\nat the date of the instrument of consent, in a fit condition to\ngive the consent or did not understand the nature of the\nconsent.\n(2) The Court shall not make an order for the adoption of a child where\nthe instrument of consent was signed by the birth mother of the\nchild:\n(a) before the birth of the child; or\n\nPart 3 Adoptions under this Act\nDivision 5 Guardianship of child awaiting adoption\nAdoption of Children Act 1994 18\n(b) within one month after the birth of the child unless it is proved\nthat, at the time the instrument was signed, the birth mother\nwas in a fit condition to give the consent.\n(3) For the purposes of subsection (2)(b):\n(a) certificates from 2 medical practitioners each certifying that, at\nthe time when the instrument of consent was signed by the\nbirth mother of the child, the mother was in a fit condition to\ngive the consent; and\n(b) a signed report from a person who is an approved person for\nthe purposes of section 30 that the birth mother received\ncounselling and the prescribed information pursuant to that\nsection,\nis evidence that that mother was in a fit condition to give the\nconsent.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Court may dispense with certain consents","content":"35 Court may dispense with certain consents\nThe Court may, by order, dispense with the consent of a person,\nother than the Minister or the child, to the adoption of a child if the\nCourt is satisfied that:\n(a) after reasonable inquiry, the person cannot be found; or\n(b) the person is in such a physical or mental condition as not to\nbe capable of properly considering whether to give consent; or\n(c) the person has abandoned, deserted or persistently neglected\nor ill-treated the child; or\n(d) the person has, for a period of not less than one year, failed,\nwithout reasonable cause, to discharge the obligations of a\nparent or guardian, as the case may be, of the child; or\n(e) there are any other special circumstances by reason of which\nthe consent may properly be dispensed with.\nDivision 5 Guardianship of child awaiting adoption\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Guardianship of citizen-child awaiting adoption","content":"36 Guardianship of citizen-child awaiting adoption\n(1) Subject to subsection (2), in the case of an adoption of a child who\nwas born in a State or a Territory of the Commonwealth, other than\nan adoption by the spouse of a parent of the child, and:\n(a) the persons who are required to consent to the adoption under\n","sortOrder":37},{"sectionNumber":"Div 4","sectionType":"division","heading":"have consented to the adoption of the child; or","content":"Division 4 have consented to the adoption of the child; or\n\nPart 3 Adoptions under this Act\n","sortOrder":38},{"sectionNumber":"Div 5","sectionType":"division","heading":"Guardianship of child awaiting adoption","content":"Division 5 Guardianship of child awaiting adoption\nAdoption of Children Act 1994 19\n(b) the consent of such a person to the adoption of the child has\nbeen dispensed with by an order of the Court under\nsection 35,\nthe child shall be placed in the guardianship of the Minister.\n(2) Where the Minister is the guardian of a child who is about to leave\nor has left the Territory to reside in a State or another Territory of\nthe Commonwealth, the Minister may transfer the guardianship of\nthe child to a person, officer or authority performing functions\nsimilar to those of the Minister (in relation to the guardianship of a\nchild under this Act) in accordance with the law of the State or other\nTerritory.\n(3) The Minister may, on the request in writing by or on behalf of a\nperson, officer or authority referred to in subsection (2), place a\nchild in respect of whom section 32 applies, and who is about to\nenter or has entered the Territory, in the guardianship of the\nMinister.\n(4) The guardianship of the Minister referred to in subsection (1) shall\ncontinue to the exclusion of all other persons until:\n(a) an order for adoption is made in respect of the child;\n(b) where the appropriate consent to the adoption has been\ngiven, the lawful revocation of the instrument of consent;\n(c) the Court, by order, where it considers it necessary for the\nwelfare and interests of the child (including where it considers\nthat an order for adoption in respect of the child would not\npromote the welfare and interests of the child) transfers the\nguardianship of the child from the Minister to another person;\nor\n(d) where the child no longer resides in the Territory but in a State\nor other Territory of the Commonwealth, the Minister transfers\nthe guardianship of the child to a person, officer or authority\nreferred to in subsection (2).\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Guardianship of non-citizen child awaiting adoption","content":"37 Guardianship of non-citizen child awaiting adoption\nIf a non-citizen child enters or has entered the Territory from a State\nor another Territory or from an overseas country and the\nImmigration (Guardianship of Children) Act 1946 (Cth) no longer\napplies in relation to the non-citizen child, for so long as the\nTerritory is the normal place of residence of the child:\n(a) the guardianship of the child is to be placed with the Minister;\nand\n\nPart 3 Adoptions under this Act\nDivision 6 Adoption orders\nAdoption of Children Act 1994 20\n(b) section 36, to the extent necessary, applies to that child as if\nthe child were born in a State or another Territory.\nDivision 6 Adoption orders\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Application for adoption order","content":"38 Application for adoption order\nWhere the Minister is satisfied that a person or persons who wish to\nadopt a child are in fact suitable to adopt the child, the person or\npersons seeking the adoption may apply to the Court for an order\nfor the adoption of the child.\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Notice of intention to apply","content":"39 Notice of intention to apply\n(1) If a person or persons mentioned in section 38 intend to apply for\nan order for the adoption of the child, the person or persons must\ngive the Minister not less than 21 days written notice of the intention\nto make the application.\n(2) On receipt of the notice mentioned in subsection (1), the Minister\nmust, as soon as practicable but not later than 7 days after receipt\nof the notice, give written notice of the intention to make the\napplication for the order for adoption to each person:\n(a) whose consent to the adoption is required under Division 4\n(whether or not the person has given consent), unless the\nperson has previously advised the Minister in writing that the\nperson does not wish to receive notice of the intention to make\nthe application; and\n(b) whose name and address is known or may reasonably be\nascertained by the Minister;\nand each person who receives notice from the Minister may, within\n7 days of receipt of the notice, advise the Minister, together with the\nperson's full name and an address for service, whether the person\nwishes to be a party to the adoption proceedings.\n(3) The Minister must, as soon as practicable but not later than 7 days\nafter receipt of the advice mentioned in subsection (2), advise in\nwriting the person or persons intending to apply for an order for\nadoption of the name and address for service of each person who\nwishes to be a party to the adoption proceedings.\n(4) The Court may, upon application, dispense with the giving of a\nnotice by the Minister under subsection (2) where it considers it\nreasonable to do so.\n\nPart 3 Adoptions under this Act\nDivision 6 Adoption orders\nAdoption of Children Act 1994 21\n(5) If it appears to the Court to be necessary, the Court may direct that\nnotice of an application for an adoption order be given to a person\nother than a person mentioned in subsection (2).\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Parties","content":"40 Parties\n(1) If an application is made to the Court for an order for the adoption\nof a child, the following persons may attend and appear before the\nCourt personally or by a legal representative as a party to the\nproceedings in respect of the application:\n(a) an applicant;\n(b) a person whose consent to the adoption is required under\nDivision 4, except where the person's consent has been\ndispensed with under section 35;\n(c) the child;\n(d) the Minister.\n(2) If the Court considers it necessary, the Court may join any person it\nthinks fit as a party to the proceedings for the purpose of:\n(a) opposing the application for an order for the adoption; or\n(b) opposing an application to dispense with the consent of a\nperson to the adoption under section 35.\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Court to be satisfied as to certain matters","content":"41 Court to be satisfied as to certain matters\n(1) The Court shall not make an order for the adoption of a child unless\nit has received a report in writing from the Minister concerning the\nproposed adoption and, after considering the report and any other\nevidence before the Court, it is satisfied that:\n(a) the welfare and interests of the child will be promoted by the\nadoption;\n(b) the applicant or applicants are suitable to adopt the child and\nsatisfy the requirements of the Act; and\n(c) the Minister has ascertained and taken into account the\nwishes, if any, of a parent of the child, including wishes in\nrespect of arrangements between the parent or parents and\nany prospective adoptive parent or adoptive parents in respect\nof access to the child by, or the giving and receiving of\ninformation about the child to, the first-mentioned parent or\nparents.\n\nPart 3 Adoptions under this Act\nDivision 6 Adoption orders\nAdoption of Children Act 1994 22\n(2) Subsection (1) does not apply in relation to an order for the\nadoption of a child who has attained the age of 18 years before the\nmaking of the order, but the Court shall not make an order for the\nadoption of such a child unless it is satisfied:\n(a) that the applicant or applicants are suitable to adopt the child\nand satisfy the requirements of the Act; and\n(b) that exceptional circumstances make it desirable that the child\nshould be adopted.\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Interim orders","content":"42 Interim orders\n(1) On an application to the Court for an order for the adoption of a\nchild, the Court, having received the Minister's report referred to in\nsection 41, may postpone the determination of the application and\nmake an interim order for the custody of the child in favour of the\napplicant or applicants for the order for adoption who are thereby\nentitled to the care and custody of the child during the period the\ninterim order remains in force.\n(2) An interim order may be subject to such terms and conditions\nrelating to the maintenance, education and welfare of the child as\nthe Court thinks fit.\n(3) Subject to this section, an interim order remains in force for such\nperiod, not exceeding one year, as the Court specifies in the order\nand may be extended for such further periods, if any, as the Court\nfrom time to time orders, but shall not be continuously in force for\nperiods the aggregate of which is more than 2 years.\n(4) An interim order ceases to have effect upon the making of an order\nfor the adoption of the child, whether made in the Territory or in a\nState or another Territory of the Commonwealth.\n(5) Notwithstanding subsection (3), the Court may, at any time, make\nan order discharging an interim order and make such order, subject\nto terms and conditions, for the care and custody and guardianship\nof the child as it thinks fit.\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Care of child after refusal of an application","content":"43 Care of child after refusal of an application\nWhere the Court refuses an application for the order for the\nadoption of a child, it shall make such order, subject to terms and\nconditions, for the care and custody and guardianship of the child\nas it thinks fit.\n\nPart 3 Adoptions under this Act\n","sortOrder":46},{"sectionNumber":"Div 6","sectionType":"division","heading":"Adoption orders","content":"Division 6 Adoption orders\nAdoption of Children Act 1994 23\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Discharge of adoption orders","content":"44 Discharge of adoption orders\n(1) Subject to subsection (2), the Minister may apply to the Court for an\norder discharging an order for the adoption of a child, and the Court\nmay make such an order if it is satisfied that:\n(a) the adoption order was obtained by fraud, duress or other\nimproper means; or\n(b) a person's consent to the adoption required under Division 4\nwas obtained by fraud, duress or other improper means.\n(2) The Court shall not make an order discharging an order for\nadoption under this section if it is satisfied that:\n(a) the child has attained the age of 18 years; or\n(b) the making of the order would be prejudicial to the welfare and\ninterests of the child.\n(3) Where:\n(a) the Court makes an order discharging an order for adoption\nunder this section; and\n(b) that order for adoption was not made in reliance upon the\nconsent of a person or persons that was obtained by fraud,\nduress or other improper means,\nthen, unless the Court otherwise orders, the consent of that person\nremains, or those persons remain, in force for the purposes of a\nfurther application for the adoption of the child.\n(4) Where the Court makes an order discharging an order for adoption\nunder this section, it may, at the same time or subsequently, make\nsuch consequential or ancillary orders as it thinks necessary for the\nwelfare and interests of the child, including orders relating to:\n(a) the name of the child;\n(b) the ownership of property;\n(c) the care, custody or guardianship of the child; or\n(d) the domicile of the child.\n(5) On the making of an order discharging an order for the adoption of\na child under this section, but subject to Division 7 and any order\nmade under subsection (4), the rights, privileges, duties, liabilities\nand relationships under the law of the Territory of the child and of\n\nPart 3 Adoptions under this Act\nDivision 7 Effect of adoption orders\nAdoption of Children Act 1994 24\nall other persons affected by the order for adoption of the child shall\nbe the same as if the adoption order had not been made, but\nwithout prejudice to:\n(a) anything lawfully done;\n(b) the consequences of anything unlawfully done; or\n(c) any right or interest that became vested in any person,\nwhilst the adoption order was in force.\nDivision 7 Effect of adoption orders\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"General effect of adoption orders","content":"45 General effect of adoption orders\n(1) For the purposes of the laws of the Territory, but subject to this Act\nand to the provisions of any other law in force in the Territory that\nexpressly distinguishes in any way between birth children and\nadopted children, on the making of an order for the adoption of a\nchild:\n(a) the child becomes a child of the adoptive parent or adoptive\nparents, and the adoptive parent becomes, or adoptive\nparents become, the parent or parents of the child as if that\nparent or those parents were the birth parent or parents of that\nchild;\n(b) the child ceases to be a child of any person who was a parent\nof the child before the making of the adoption order, and such\nperson ceases to be a parent of the child;\n(c) the relationship to one another of all persons affected by the\norder for the adoption of the child (including the child and a\nformer parent of the child) shall be determined on the basis of\nthe provisions of paragraphs (a) and (b) so far as they are\nrelevant;\n(d) an existing appointment of a person, by will or deed or\notherwise in accordance with a law in force in the Territory, as\nguardian of the adopted child ceases to have effect; and\n(e) a previous adoption of the child (whether effected under a law\nin force in the Territory or otherwise) ceases to have effect.\n(2) Notwithstanding subsection (1), for the purposes of any law of the\nTerritory relating to a sexual offence, being a law for the purposes\nof which the relationship between persons is relevant, an adoption\norder, or the discharge of an adoption order, does not cause the\ncessation of any relationship that would have existed if the adoption\n\nPart 3 Adoptions under this Act\nDivision 7 Effect of adoption orders\nAdoption of Children Act 1994 25\norder, or the discharging order, as the case may be, had not been\nmade, and any such relationship is deemed to exist in addition to\nany relationship that exists by virtue of the application of that\nsubsection in relation to the adoption order or by virtue of the\ndischarge of the adoption order.\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Effect of orders as regards dispositions of property, &c.","content":"46 Effect of orders as regards dispositions of property, &c.\n(1) Section 45(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, and to devolutions of property in\nrespect of which a person dies intestate after the commencement of\nthis Act, except that that subsection does not affect a disposition of\nproperty:\n(a) by a person who, or by persons any of whom, died; and\n(b) that has taken effect in possession,\nbefore the commencement of this Act.\n(2) Section 45(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) Where:\n(a) before the commencement of this Act, a person made, by an\ninstrument other than a will, a disposition of property;\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\nthe person to include adopted children as objects of the\ndisposition,\nthe person may, notwithstanding that the instrument could not,\napart from this subsection, be revoked or varied, by a like\ninstrument vary the first-mentioned instrument to exclude adopted\nchildren (whether adopted under this Act or otherwise) from\nparticipation in any right, benefit or privilege under the instrument.\n(4) Nothing in section 45 or in this section affects the operation of a\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\n","sortOrder":50},{"sectionNumber":"Part 3","sectionType":"part","heading":"Adoptions under this Act","content":"Part 3 Adoptions under this Act\n","sortOrder":51},{"sectionNumber":"Div 7","sectionType":"division","heading":"Effect of adoption orders","content":"Division 7 Effect of adoption orders\nAdoption of Children Act 1994 26\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"Adoption order not to affect the distribution of property by","content":"47 Adoption order not to affect the distribution of property by\ntrustees or personal representatives unless notice given\n(1) Notwithstanding any other provision of this Act, trustees or other\npersonal representatives may, subject to this section, convey,\ntransfer or distribute real or personal property to or among the\npersons appearing to be entitled to the property without having\nascertained whether or not an adoption has been effected by virtue\nof which a person is or is not entitled to an interest in the property.\n(2) A trustee or personal representative conveying, transferring or\ndistributing real or personal property in the manner referred to in\nsubsection (1) shall not be liable to a person claiming directly or\nindirectly by virtue of an adoption unless the trustee or personal\nrepresentative has notice of the claim before the time of the\nconveyance, transfer or distribution.\n(3) Nothing in this section prejudices the right of a person to follow\nproperty into the hands of a person, other than a purchaser for\nvalue, who has received it.\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Names of adopted child","content":"48 Names of adopted child\n(1) On the making of an order for the adoption of a child, the surname\nof the child shall be:\n(a) where there are 2 adoptive parents who have the same\nsurname, that surname;\n(b) where there is one adoptive parent, the surname of that\nadoptive parent; or\n(c) where there are 2 adoptive parents who have different\nsurnames, one of those surnames,\nthat surname having been specified in the application for the order\nfor the adoption as the proposed surname of the child and\napproved by the Court, or such other surname as the Court\napproves in the adoption order.\n(2) On the making of an order for the adoption of a child the forename\nor forenames of the child shall be such name or names as the\nCourt, in the adoption order, approves on the application of the\nadoptive parent or parents.\n(3) The Court shall not approve a name as a surname or forename of a\nchild under this section unless it is satisfied that, as far as\npracticable, the wishes and feelings of the child have been\nascertained and due consideration given to them, having regard to\nthe age and understanding of the child.\n\nPart 4 Recognition of adoptions\nAdoption of Children Act 1994 27\n(4) Nothing in this section prevents the changing of any name of a child\nin accordance with a law in force in the Territory after the making of\nan order for the adoption of the child.\nPart 4 Recognition of adoptions\n","sortOrder":54},{"sectionNumber":"49","sectionType":"section","heading":"Recognition of Australian adoptions","content":"49 Recognition of Australian adoptions\nFor the purposes of the law in force in the Territory, the adoption of\na child (whether before or after the commencement of this Act) in a\nState or another Territory of the Commonwealth in accordance with\nthe law of that State or other Territory has, so long as it has not\nbeen rescinded under the law in force in that State or other\nTerritory, the same effect as an order for adoption made under this\nAct, and has no other effect.\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Recognition of foreign adoptions","content":"50 Recognition of foreign adoptions\n(1) Subject to this Part, where a child has been adopted (whether\nbefore or after the commencement of this Act) in an overseas\ncountry and:\n(a) the adoption remains effective according to the law of that\ncountry;\n(b) in consequence of the adoption, the adoptive parent or\nadoptive parents had, immediately following the adoption, a\nright superior to that of a birth parent of the child alone, or of\nthe birth parents of the child jointly, in respect of the custody of\nthe child;\n(c) under the law of that country the adoptive parent or adoptive\nparents of the child were, by the adoption, placed generally in\nthe position of a birth parent or birth parents in relation to the\nchild; and\n(d) either:\n(i) the adoptive parent or adoptive parents had been\ncontinuously residing in that country for a period of not\nless than 12 months immediately before commencing\nproceedings for the adoption; or\n(ii) the Minister had, before the completion of the adoption,\ndecided that the adoptive parent or adoptive parents is\nor are suitable to adopt a non-citizen child,\n\nPart 4 Recognition of adoptions\nAdoption of Children Act 1994 28\nthen the adoption has, for the purposes of the law in force in the\nTerritory, the same effect as an order for adoption made under this\nAct, and has no other effect.\n(2) Notwithstanding subsection (1), a court of competent jurisdiction\n(including the Court dealing with proceedings under section 52):\n(a) shall, where the question arises whether an adoption is one to\nwhich this section applies, presume that the adoption complies\nwith the requirements of subsection (1) unless the contrary\nappears from the evidence before it; or\n(b) may refuse to recognise an adoption as being an adoption to\nwhich this section applies if it appears to the Court that the\nprocedure followed, or the law applied, in connection with the\nadoption was not fair and just.\n(3) Nothing in this section affects any right that was acquired by, or\nbecame vested in, a person before the commencement of this Act.\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Minister may approve countries for adoption purposes","content":"51 Minister may approve countries for adoption purposes\n(1) Where the Minister is satisfied that proceedings for adoption in an\noverseas country are fair, the Minister may, by notice in the\nGazette, determine that an adoption of a child in that country, in\naccordance with the law of that country, shall so long as it remains\nin force under that law, have the same effect (and no other effect)\nas an adoption made in a State or another Territory of the\nCommonwealth has under section 49, and such an adoption shall\nhave that effect.\n(2) The approval of the Minister referred to in subsection (1) may be\nsubject to such terms and conditions as the Minister thinks fit.\n(3) A decision of the Minister whether to approve an overseas country\nfor the purposes of subsection (1) is not reviewable.\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Declarations of validity of foreign adoptions","content":"52 Declarations of validity of foreign adoptions\n(1) A person who is:\n(a) an adopted child;\n(b) an adoptive parent;\n(c) a person tracing a relationship by virtue of an adoption\nthrough or to an adopted child,\n\n","sortOrder":58},{"sectionNumber":"Part 4","sectionType":"part","heading":"Recognition of adoptions","content":"Part 4 Recognition of adoptions\nAdoption of Children Act 1994 29\nmay apply to the Court for an order declaring that an adoption of a\nchild was effected (whether before or after the commencement of\nthis Act) under the law of an overseas country and that the adoption\nis one to which section 50 applies.\n(2) A person making an application under subsection (1) shall serve a\ncopy of the application on the Minister.\n(3) The Court may hear and determine an application made under\nsubsection (1) and may, if it thinks fit:\n(a) direct that notice of the application be given to such persons\n(including the Attorney-General) as the Court thinks fit;\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\nin, and become a party to, the proceedings.\n(4) Where the Court makes an order in determination of the\napplication, it may include in the order such particulars in relation to\nthe adoption, the adopted child and the adoptive parent or adoptive\nparents as it finds to be established.\n(5) For the purposes of the laws in force in the Territory, an order under\nthis section binds the Crown in right of the Territory, whether or not\nnotice was given to the Attorney-General, but, subject to\nsubsection (6), does not affect:\n(a) the rights of another person unless that person was:\n(i) a party to the proceedings for the order or a person\nclaiming through such a party; or\n(ii) a person to whom notice of the application for the order\nwas given or a person claiming through such a person;\nor\n(b) an earlier judgment, order or decree of a court of competent\njurisdiction.\n(6) In proceedings in a court of competent jurisdiction of the Territory,\nbeing proceedings relating to the rights of a person other than a\nperson referred to in subsection (5)(a), the production of a copy of\nan order made under this section, certified by a registrar to be a\ntrue copy, shall be evidence that an adoption was effected in\naccordance with the particulars contained in the order and that the\nadoption is one to which section 50 applies.\n\nPart 5 Registration of adoptions\nAdoption of Children Act 1994 30\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Supervision of non-citizen child whether or not adoption","content":"53 Supervision of non-citizen child whether or not adoption\nrecognised\n(1) Subject to this section, if:\n(a) a non-citizen child has been adopted in accordance with the\nlaw of an overseas country, whether or not the adoption is an\nadoption which, under this Act, has the same effect (and no\nother effect) as an order for adoption under this Act; and\n(b) the adoption of the child has been in force for not more than\n12 months; and\n(c) no adoptive parent, whether there is one or 2, was a national\nor citizen of that overseas country at the time the adoption\nwas made; and\n(d) the child is present in the Territory;\nthe Minister may supervise the welfare and interests of the child for\na period not exceeding 12 months commencing on the date the\nchild arrives in the Territory and an approved person has a right of\naccess to the child at all reasonable times during that period.\n(2) If a child whose welfare and interests may be supervised under\nsubsection (1) by the Minister has, after being adopted but before\narriving in the Territory, been resident in a State or another\nTerritory, the period during which the child is subject to the\nsupervision of the Minister is reduced by that period of residence in\nthe State or other Territory.\n(3) The Minister may, in the Minister's discretion, exempt a child, to\nwhom subsection (1) would otherwise apply, from the application of\nthat subsection and accordingly that subsection does not apply to\nor in relation to that child.\nPart 5 Registration of adoptions\n","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Registration of orders","content":"54 Registration of orders\n(1) A registrar must, as soon as practicable after every order for\nadoption, or every order discharging an order for adoption, is made\nby the Court under this Act, send a memorandum, in accordance\nwith the prescribed form, of the order for adoption, or a copy of the\norder discharging an order for adoption, to the Registrar of Births,\nDeaths and Marriages, who must:\n(a) register it, as prescribed, in a register kept by the Registrar\nand known as the Register of Adoptions; and\n\nPart 5 Registration of adoptions\nAdoption of Children Act 1994 31\n(b) if it relates to a child whose birth is, or is required by the\nRegulations to be, registered in the Register of Births kept by\nthe Registrar, make any alterations to, or entries in, that\nregister as are prescribed or, if not prescribed, as the\nRegistrar thinks fit.\n(2) If, under a law at any time in force in the Territory before the\ncommencement of this Act, an order for the adoption of a child was\nmade by a court of competent jurisdiction and a record of that order\nis held in the Territory, the Registrar of Births, Deaths and\nMarriages may, in the Registrar's discretion, require the person who\nhas custody or control of the records of the court making the order\nto forward to the Registrar a copy of, or a memorandum relating to,\nthe order and of any order for the discharge of the order.\n(3) On receipt of a document forwarded to the Registrar of Births,\nDeaths and Marriages under subsection (2), the Registrar may, in\nthe Registrar's discretion:\n(a) register it, as prescribed, in the Register of Adoptions; and\n(b) if it relates to a child whose birth is, or is required by the\nRegulations to be, registered in a register kept by the\nRegistrar, make any alterations to, or entry in, that register as\nare prescribed or, if not prescribed, as the Registrar thinks fit.\n(4) For the purposes of this section, the Registrar of Births, Deaths and\nMarriages may make any enquiries the Registrar thinks appropriate\nto satisfy the Registrar that an order for adoption was made or\ndischarged.\n(5) The person who has custody or control of the records relating to an\nadoption order must comply with a requirement of the Registrar of\nBirths, Deaths and Marriages made under subsection (2) and must\nassist the Registrar with all reasonable enquiries made under\nsubsection (4).\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Registration of overseas birth and adoption order","content":"55 Registration of overseas birth and adoption order\n(1) If an order is made under section 52, a registrar must forward a\ncopy of the order to the Registrar of Births, Deaths and Marriages.\n(2) If an adoption of a child which took place in an overseas country is\none that the Minister, by Gazette notice under section 51,\ndetermines is to have the same effect as if an adoption made in a\nState or another Territory:\n(a) the adoptive parent or parents in respect of the adoption may\napply to the Minister for a prescribed certificate that the\nadoption is an adoption to which section 51 applies; and\n\n","sortOrder":62},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registration of adoptions","content":"Part 5 Registration of adoptions\nAdoption of Children Act 1994 32\n(b) the Minister must, as soon as practicable after preparing the\ncertificate, forward a copy of the certificate to the Registrar of\nBirths, Deaths and Marriages.\n(3) On receipt of a copy of the order forwarded in accordance with\nsubsection (1) or of a copy of a certificate forwarded in accordance\nwith subsection (2), the Registrar of Births, Deaths and Marriages\nmust:\n(a) register it, as prescribed, in the Register of Adoptions; and\n(b) if it relates to a child whose birth is, or is required by the\nRegulations to be, registered in a register kept by the\nRegistrar, make any alterations to, or entry in, that register as\nare prescribed or, if not prescribed, as the Registrar thinks fit.\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Sending of memoranda or order to States and other Territories","content":"56 Sending of memoranda or order to States and other Territories\n(1) This section applies if the Court makes an order for the adoption of\na child, or an order discharging an adoption order, and a registrar\nhas reason to believe that the birth of the child is registered in a\nState or another Territory.\n(2) The registrar must, as soon as practicable, send to the appropriate\nofficer of that State or other Territory who has functions in relation\nto the registration of births:\n(a) a memorandum of the adoption order, in the prescribed form;\nor\n(b) a copy of the discharging order.\n(3) A memorandum or copy mentioned in subsection (2) must be\ncertified in writing by the registrar to be a true memorandum or\ncopy.\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Particulars of orders received from other States","content":"57 Particulars of orders received from other States\nIf the Registrar of Births, Deaths and Marriages receives, in relation\nto a child whose birth is registered in the Territory, a memorandum\nor copy of an order for adoption made in accordance with the law in\nforce in a State or another Territory, or an order discharging an\nadoption order, certified in writing to be a true memorandum or\ncopy by a person authorised so to certify under the law of that State\nor other Territory, the Registrar must:\n(a) register it, as prescribed, in the Register of Adoptions; and\n\nPart 6 Access to information\nAdoption of Children Act 1994 33\n(b) make any alterations to, or entries in, the Register of Births,\nkept by the Registrar, as are prescribed or, if not prescribed,\nthe Registrar thinks appropriate.\nPart 6 Access to information\n","sortOrder":65},{"sectionNumber":"58","sectionType":"section","heading":"Definition","content":"58 Definition\nFor the purposes of this Part, unless the contrary intention appears,\nadopted person means a person in respect of whom an order for\nadoption has been made (whether made before or after the\ncommencement of this Act) under a law in force in the Territory.\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"Records of adoption","content":"59 Records of adoption\nThe Minister must, in any form (including an electronic form) or\ncombination of forms as the Minister thinks fit, keep and maintain a\nrecord of all information acquired under this Act for and in relation\nto the adoption of a child under this Act.\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Restriction on access to records, &c.","content":"60 Restriction on access to records, &c.\n(1) Except as provided by this Act or the Regulations, records or copies\nof records kept and maintained in accordance with section 59, and\nall records or copies of records of proceedings of the Court under\nthis Act, shall not be open to inspection by, or otherwise available\nto, any person whomsoever (including a party to proceedings under\nthe Act).\n(2) The Minister may cause a copy of a report made under this Act to\nbe given to the person the subject of the report.\n","sortOrder":68},{"sectionNumber":"61","sectionType":"section","heading":"Person may apply for information","content":"61 Person may apply for information\n(1) Subject to and in accordance with this Part:\n(a) an adopted person;\n(b) a relinquishing parent; or\n(c) an adoptive parent,\nmay apply to the Minister requesting information relating to the\nadoption of the adopted person.\n(2) Where a person referred to in subsection (1)(a), (b), or (c) has died,\na relative, being a mother, father, brother, sister or a child of the\nperson, may apply under subsection (1) in the place of that person.\n\nPart 6 Access to information\nAdoption of Children Act 1994 34\n","sortOrder":69},{"sectionNumber":"62","sectionType":"section","heading":"Minister to provide information","content":"62 Minister to provide information\n(1) If a person makes an application under section 61, the Minister\nmust, subject to and in accordance with this Part, provide the\nperson with the following information relating to the adoption:\n(a) the names (including a name given at birth) and last known\naddress of a person specified in the application;\n(b) if the last known address is not known or is incorrect, any\ninformation that may assist in ascertaining the whereabouts of\na person specified in the application; or\n(c) details of a notice of prohibition against the provision of\ninformation (if any) that has been lodged with the Minister\nunder section 65.\n(2) The information that the Minister provides to a person under this\nPart must:\n(a) be information contained in the records kept and maintained\nunder section 59 or the records of proceedings of the Court\nwhich resulted in an order for the adoption of a child being\nmade; and\n(b) not be information that relates to the personal affairs of a\nperson other than the applicant.\n(3) The Minister must not provide information to a person under this\nPart if the Minister is satisfied that there are reasonable grounds for\nbelieving that the personal safety of another person may be\nendangered as a result of the provision of the information.\n(4) The Minister may, for the purpose of the provision of information\nunder this Part, if the Minister thinks appropriate:\n(a) make inquiries and give assistance as may reasonably be\nmade or given in the circumstances of the case for the\npurpose of facilitating the provision of the information; or\n(b) apply to the Court to have access to the records of\nproceedings of the Court (which resulted in the making of an\norder for the adoption of a child) for the purpose of obtaining\ninformation the Minister reasonably believes to be contained in\nthe records.\n\n","sortOrder":70},{"sectionNumber":"Part 6","sectionType":"part","heading":"Access to information","content":"Part 6 Access to information\nAdoption of Children Act 1994 35\n","sortOrder":71},{"sectionNumber":"63","sectionType":"section","heading":"Counselling","content":"63 Counselling\n(1) A person who applies for information under this Part must not be\nsupplied with that information until the person has received\ncounselling from an approved person.\n(2) Any other person affected by this Part may seek to receive\ncounselling from an approved person.\n","sortOrder":72},{"sectionNumber":"64","sectionType":"section","heading":"Release of information in relation to adoption under this Act","content":"64 Release of information in relation to adoption under this Act\n(1) Subject to subsection (2), if an order for adoption was made after\nthe commencement of this Act, a person mentioned in section 61\nmay apply to the Minister for the information specified in section\n62(1) in respect of an adopted person, a relinquishing parent or the\nadoptive parent and the Minister must provide the information as\nrequested.\n(2) An adopted person who is the subject of an order for adoption\nmade after the commencement of this Act and who has not attained\nthe age of 16 years, is not entitled to apply under subsection (1) for\ninformation concerning one or both of the person's relinquishing\nparents except if the person's adoptive parent or (if more than one)\nadoptive parents consents or consent in writing to the making of the\napplication.\n","sortOrder":73},{"sectionNumber":"65","sectionType":"section","heading":"Release of information in relation to adoptions under repealed","content":"65 Release of information in relation to adoptions under repealed\nlegislation\n(1) If an order for adoption was made before the commencement of\nthis Act:\n(a) the adopted person may only apply to the Minister under\nsection 61 for the information specified in section 62(1) in\nrespect of one or both of the adopted person's relinquishing\nparents, except that, where the adopted person has not\nattained the age of 16 years, the adopted person may only\napply for the information if the adopted person's adoptive\nparent or (if more than one) adoptive parents has or have\nconsented in writing to the making of the application for\ninformation; and\n(b) an adoptive parent may only apply to the Minister under\nsection 61 for the information specified in section 62(1) in\nrespect of one or both of the relinquishing parents, except that\nthe information provided to the adoptive parent must not\nidentify the relinquishing parent or the relinquishing parents or\ntheir whereabouts; and\n\nPart 7 Offences\nAdoption of Children Act 1994 36\n(c) a relinquishing parent may only apply to the Minister under\nsection 61 for the information specified in section 62(1) in\nrespect of the person who the relinquishing parent\nrelinquished for adoption and one or both of the adoptive\nparents, except that, if the adopted person has not yet\nattained the age of 18 years, that information must not identify\nthe adopted person or one or both of the adoptive parents or\ntheir whereabouts;\nand the Minister must, subject to subsection (3), provide the\ninformation requested in the application.\n(2) A relinquishing parent or an adopted person mentioned in\nsubsection (1) may lodge with the Minister a notice of prohibition in\nthe prescribed form that disallows the provision of information that\nwould identify the relinquishing parent or adopted person.\n(3) If a person has lodged a notice of prohibition with the Minister under\nsubsection (2), the Minister must not provide information as\nspecified in the notice of prohibition.\n(4) A notice of prohibition under subsection (2) remains in force for the\nperiod, not exceeding 3 years, specified in the prohibition, but may,\non application in writing, be reinstated for further periods each of\nwhich must not exceed 3 years.\n","sortOrder":74},{"sectionNumber":"66","sectionType":"section","heading":"Advice of death of child","content":"66 Advice of death of child\n(1) If an adopted person who was adopted after the commencement of\nthis Act dies before attaining the age of 18 years, the adoptive\nparent or parents of the person must advise the Minister in writing\nof the death of the person.\n(2) On receipt of advice of the death of an adopted person, the Minister\nmust advise each relinquishing parent whose last-known address\nthe Minister has or may reasonably ascertain of that person's death.\nPart 7 Offences\n","sortOrder":75},{"sectionNumber":"67","sectionType":"section","heading":"Application of Part","content":"67 Application of Part\nThis Part does not apply in respect of acts or omissions occurring\noutside the Territory but, except to the extent to which the contrary\nintention appears, does apply in respect of acts done in the\nTerritory in relation to the adoption of children in, or to children\nadopted in, a State or another Territory of the Commonwealth, or\nan overseas country.\n\nPart 7 Offences\nAdoption of Children Act 1994 37\n","sortOrder":76},{"sectionNumber":"68","sectionType":"section","heading":"Taking away of adopted child by parent or guardian","content":"68 Taking away of adopted child by parent or guardian\n(1) A person who was a parent, or a guardian, of a child but who has,\nby reason of an adoption of the child, ceased to be the parent or\nguardian of the child must not take, lead, entice or decoy the child\naway, or detain the child, with the intent to deprive the adoptive\nparent or adoptive parents of the child or of care and custody of the\nchild.\nMaximum penalty: 40 penalty units.\n(2) A person must not receive or harbour a child on behalf of another\nperson if the person knows, or could with reasonable diligence\nascertain, that the other person has taken, led, enticed or decoyed\nthe child away, or is detaining the child, in contravention of\nsubsection (1).\nMaximum penalty: 40 penalty units.\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Payments in consideration of adoptions, &c.","content":"69 Payments in consideration of adoptions, &c.\n(1) Subject to this section, a person shall not, whether before or after\nthe birth of a child, make, give or receive, or agree to make, give or\nreceive, a payment or reward for or in consideration of:\n(a) the adoption or proposed adoption of the child;\n(b) the giving of consent, or the signing of an instrument of\nconsent, to the adoption of a child;\n(c) the transfer of the control or custody of a child with a view to\nthe adoption of the child; or\n(d) the making of arrangements with a view to the adoption of a\nchild.\nMaximum penalty: 40 penalty units.\n(2) Subsection (1) does not apply to or in relation to any of the\nfollowing payments or rewards in connection with an adoption or\nproposed adoption under this Act:\n(a) a payment of legal expenses;\n(b) a payment made by the adoptive parent or adoptive parents,\nwith the approval in writing of the Minister or of the Court, in\nrespect of the hospital and medical expenses reasonably\nincurred in connection with the birth of the child or the ante-\nnatal or post-natal care and treatment of the mother of the\nchild or of the child; and\n\nPart 7 Offences\nAdoption of Children Act 1994 38\n(c) any other payment or reward authorised by the Minister or by\nthe Court.\n(3) Subsection (1) does not apply to or in relation to a payment or\nreward in connection with an adoption or proposed adoption under\nthe law of a State or another Territory of the Commonwealth or in\nan overseas country, if the making of the payment or the giving of\nthe reward, or the agreeing to make the payment or give the\nreward, would have been lawful if it had taken place in that State or\nother Territory or overseas country.\n","sortOrder":78},{"sectionNumber":"70","sectionType":"section","heading":"Restriction on advertising, &c.","content":"70 Restriction on advertising, &c.\n(1) A person shall not (whether or not in relation to a particular child,\nborn or unborn) publish, or cause to be published, in a newspaper\nor periodical, or by any other means whatsoever including\nbroadcasting, television or public exhibition, an advertisement,\nnews item or other matter indicating:\n(a) a parent or guardian of a child wishes to have the child\nadopted;\n(b) a person wishes to adopt a child; or\n(c) a person is willing to make arrangements with a view to the\nadoption of a child.\nMaximum penalty: 40 penalty units.\n(2) Subsection (1) does not apply in relation to an advertisement or\nother matter that has been approved by the Minister.\n","sortOrder":79},{"sectionNumber":"71","sectionType":"section","heading":"Restriction on publication of identity of parties","content":"71 Restriction on publication of identity of parties\n(1) A person shall not, in relation to the adoption of a child, publish or\ndistribute, or cause to be published or distributed, by any means\nwhatsoever, the name, address or other matter reasonably likely to\nenable the identification of a person who intends to adopt a child, a\nchild who is available for adoption or the parent or guardian of such\na child.\nMaximum penalty: 40 penalty units.\n(2) This section does not apply where the Minister or the Court has\napproved the publication or distribution of information in relation to\nthe adoption of a child.\n\nPart 7 Offences\nAdoption of Children Act 1994 39\n","sortOrder":80},{"sectionNumber":"72","sectionType":"section","heading":"Secrecy to be observed","content":"72 Secrecy to be observed\n(1) Subject to this Act, a person must not, directly or indirectly, except\nin the performance of the person's duties, or in the exercise of the\nperson's powers or the performance of the person's functions,\nunder this Act (while the person is holding or after the person has\nceased to hold the relevant office or designation), make a record of,\nor disclose or communicate to any person, information in respect of\nthe affairs or identity of another person (whether living or dead),\nacquired by the person in the performance of the person's duties or\nin the exercise of the person's powers or the performance of the\nperson's functions under this Act.\nMaximum penalty: 40 penalty units.\n(2) This section does not apply where a person:\n(a) is required to produce a document that has come into the\nperson's possession or under the person's control in a court;\nor\n(b) is required to disclose or communicate a matter or thing that\nhas come to the person's notice or is within the person's\nknowledge to a court; or\n(c) discloses information or records to a person to whom the\ninformation or records relate or to a person who, in the opinion\nof the Minister, is expressly or impliedly authorised to obtain\nthe information or records by the person to whom the\ninformation relates; or\n(d) discloses information or records in connection with the\nadministration of this Act or for a purpose or to a person that\nthe Minister directs.\n","sortOrder":81},{"sectionNumber":"73","sectionType":"section","heading":"Destruction of records","content":"73 Destruction of records\n(1) A person must not, except in the performance of the person's\nduties, or in the exercise of the person's powers or the performance\nof the person's functions, under this Act, conceal, destroy or\nremove a document that has come into the person's possession or\nunder the person's control in the performance of the person's duties\nor in the exercise of the person's powers or the performance of the\nperson's functions under this Act.\nMaximum penalty: 40 penalty units.\n(2) This section does not apply if the Minister approves in writing the\ndestruction of a document.\n\n","sortOrder":82},{"sectionNumber":"Part 7","sectionType":"part","heading":"Offences","content":"Part 7 Offences\nAdoption of Children Act 1994 40\n","sortOrder":83},{"sectionNumber":"74","sectionType":"section","heading":"Penalty for making unauthorised arrangements","content":"74 Penalty for making unauthorised arrangements\n(1) A person, other than the Minister, who:\n(a) arranges or causes to be arranged the transfer of the care and\ncustody of a child to another person or persons with a view to\nthe adoption of the child by that person or those persons; or\n(b) except where arranged by the Minister, has the care and\ncustody of a child with a view to adopting the child;\nis guilty of an offence.\nMaximum penalty: 40 penalty units.\n(2) This section does not apply to any arrangements made by or on\nbehalf of a parent, guardian or relative of a child for the adoption of\nthe child by:\n(a) the spouse of a parent of the child; or\n(b) a relative of the child; or\n(c) the spouse of a relative of the child; or\n(d) a relative of the child and the relative's spouse jointly.\n","sortOrder":84},{"sectionNumber":"75","sectionType":"section","heading":"False statement in application, &c.","content":"75 False statement in application, &c.\nA person shall not, whether orally or in writing, wilfully make a false\nstatement in connection with a proposed adoption or any other\nmatter under this Act.\nMaximum penalty: 40 penalty units.\n","sortOrder":85},{"sectionNumber":"76","sectionType":"section","heading":"Impersonation of person who must consent to adoption","content":"76 Impersonation of person who must consent to adoption\nA person must not impersonate or falsely represent that the person\nis a person whose consent to the adoption of a child is required by\nthis Act or by the law of a State or other Territory.\nMaximum penalty: 40 penalty units.\n","sortOrder":86},{"sectionNumber":"77","sectionType":"section","heading":"Witnessing of consent","content":"77 Witnessing of consent\nA person must not subscribe the person's name as a witness to the\nsignature of another person (the signatory) to an instrument of\nconsent to the adoption of a child unless:\n(a) the person is satisfied as to the identity of the signatory; and\n\nPart 8 Miscellaneous\nAdoption of Children Act 1994 41\n(b) the person takes the prescribed steps to satisfy the person\nthat the signatory understands the effect of the consent; and\n(c) the instrument bears the date on which the person signed the\nperson's name as a witness.\nMaximum penalty: 40 penalty units.\n","sortOrder":87},{"sectionNumber":"78","sectionType":"section","heading":"Authority to prosecute","content":"78 Authority to prosecute\nProceedings for an offence against this Act or against the\nRegulations shall not be commenced except by the Director of\nPublic Prosecutions or with the written consent of the Solicitor for\nthe Northern Territory.\nPart 8 Miscellaneous\n","sortOrder":88},{"sectionNumber":"79","sectionType":"section","heading":"Hearings to be in camera","content":"79 Hearings to be in camera\nAn application to the Court under this Act shall not be heard in open\ncourt and persons who are not the parties to the proceedings or\ntheir counsel, solicitors or representatives shall, except as\notherwise permitted by the Court, be excluded during the hearing of\nsuch an application.\n","sortOrder":89},{"sectionNumber":"80","sectionType":"section","heading":"Separate representation of child","content":"80 Separate representation of child\nWhere, in proceedings under this Act, it appears to the Court that a\nchild ought to be separately represented, the Court may of its own\nmotion or on the application of the child, the Minister, an\norganisation concerned with the welfare of children or any other\nperson, order that the child be separately represented, and the\nCourt may make such other orders as it thinks necessary for the\npurpose of securing that separate representation.\n","sortOrder":90},{"sectionNumber":"81","sectionType":"section","heading":"Orders as to costs","content":"81 Orders as to costs\nIn proceedings under this Act, the Court shall not make orders as to\ncosts or security for costs unless it is satisfied that special\ncircumstances exist which make it desirable to do so.\n","sortOrder":91},{"sectionNumber":"82","sectionType":"section","heading":"Proof of adoption","content":"82 Proof of adoption\nIn any proceedings in a court of the Territory, a document\npurporting to be:\n(a) the original or a certified copy or certified extract of an order\neffecting an adoption (wherever effected); or\n\n","sortOrder":92},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8 Miscellaneous\nAdoption of Children Act 1994 42\n(b) a certified copy of an entry in a public official record of the\nadoption of a child (wherever kept), or an extract giving\nparticulars of the entry, signed by the person having custody\nof the record,\nis prima facie evidence of the adoption and of the facts stated\ntherein.\n","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Judicial notice of signatures","content":"83 Judicial notice of signatures\nIn proceedings under this Act, judicial notice is to be taken of the\nsignature of a person who holds or has held, or is acting or has\nacted in, the office of Minister, or the corresponding office in a State\nor another Territory or of a delegate of such a person, appearing on\na document and of the fact that, at the time the document was\nsigned by the person, the person held, or was acting in, that office.\n","sortOrder":94},{"sectionNumber":"84","sectionType":"section","heading":"Fees for services","content":"84 Fees for services\n(1) The Minister may, by notice in the Gazette, determine fees to be\npaid for a service provided to a person for the purposes of this Act.\n(2) A fee payable under this section is a debt due to the Territory.\n(3) The Minister may waive the payment of a fee under this section by\na person or class of persons.\n","sortOrder":95},{"sectionNumber":"85","sectionType":"section","heading":"Financial and other assistance","content":"85 Financial and other assistance\nThe Minister may, in the Minister's discretion, provide financial\nassistance, or another form of assistance, on the terms and\nconditions determined by the Minister by instrument in writing, to a\nperson or persons for the purposes of the adoption of a child,\nincluding a person or persons with whom a child awaiting adoption\nhas been placed, an adoptive parent or adoptive parents or a child\n(who has been or is likely to be adopted and who has special care\nrequirements on account of an intellectual or physical disability or\nillness).\n","sortOrder":96},{"sectionNumber":"86","sectionType":"section","heading":"Mediation","content":"86 Mediation\n(1) Where an order for the adoption of a child has been made and\nthere is an arrangement in place in respect of access to the child\nby, or the giving and receiving of information about the child to, the\nrelinquishing parent or parents and a dispute arises between the\nrelinquishing parent or parents and the adoptive parent or parents\nconcerning the access to the child or the giving and receiving of\ninformation, one or more of those parents may request the Minister\nto provide counselling or mediation for the purposes of resolving the\ndispute.\n\nPart 9 Transitional matters for Adoption of Children Act 1994\nAdoption of Children Act 1994 43\n(2) On receipt of a request under subsection (1), the Minister shall take\nsteps to comply with the request.\n","sortOrder":97},{"sectionNumber":"87","sectionType":"section","heading":"Regulations","content":"87 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act,\nbut Regulations shall not be made in respect of a matter in respect\nof which the Court may make rules under section 48 of the Local\nCourt Act 2015.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay provide for and in relation to:\n(a) the Forms to be used for the purposes of this Act;\n(b) the manner and form of the witnessing of a consent to an\nadoption;\n(c) the making, correction or cancellation of entries in the Register\nof Adoptions;\n(d) the making, correction or cancellation of entries relating to\nadopted children in the Register of Births kept under the law of\nthe Territory;\n(e) the furnishing of copies of, or extracts from, matters included\nin the Register of Adoptions, and\n(f) penalties for an offence against the Regulations.\n","sortOrder":98},{"sectionNumber":"88","sectionType":"section","heading":"Repeal","content":"88 Repeal\nThe Acts specified in Schedule 2 are repealed.\n","sortOrder":99},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Adoption of Children","content":"Part 9 Transitional matters for Adoption of Children\nAct 1994\n","sortOrder":100},{"sectionNumber":"89","sectionType":"section","heading":"Definitions","content":"89 Definitions\nIn this Part:\ncommencement means the commencement of section 88.\n\nPart 9 Transitional matters for Adoption of Children Act 1994\nAdoption of Children Act 1994 44\nrepealed Act means the Adoption of Children Act 1994 as in force\nimmediately before the commencement of this Act.\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Savings and transitional","content":"90 Savings and transitional\nNotwithstanding the repeal effected by section 88, except as\nexpressly or by necessary implication provided by this Act:\n(a) an adoption or interim order made or continued in force under\nthe repealed Act and in force immediately before the\ncommencement continues in force under this Act as if the\norder was made under this Act, and this Act applies\naccordingly;\n(b) an application to the Supreme Court of the Northern Territory\nfor an adoption order under the repealed Act that was pending\nimmediately before the commencement may be continued and\ndealt with, and proceedings incidental to such an application\nmay be instituted, continued and dealt with, under the\nrepealed Act and an order, direction or other decision made in\nrespect of the application shall have effect as if it were an\norder, direction or decision made under this Act;\n(c) a consent in writing to the adoption of a child given by a\nperson before the commencement in accordance with the\nrepealed Act and duly attested is, for the purposes of\nproceedings under this Act for the adoption of the child by the\nperson or persons specified in the consent, deemed to be a\nsufficient consent of the person giving consent for the\npurposes of this Act;\n(d) in relation to a disposition of property by will or otherwise by a\nperson who, or by persons any of whom, died before the\ncommencement or to a devolution of property arising on the\ndeath of a person who in respect of that property died\nintestate before the commencement, an adoption order made\nunder this Act has the same effect as if made under the\nrepealed Act;\n(e) a right, privilege, duty, liability or relationship that was\nacquired or vested in a person or came into being under a law\nin force in the Territory before the commencement continues\nto be a right, privilege, duty, liability or relationship of that\nperson as if acquired or vested in that person or came into\nbeing under this Act;\n(f) the Register of Adoptions kept and maintained under the\nrepealed Act shall, on the commencement, become part of the\nRegister of Adoptions kept under this Act; and\n\nPart 11 Transitional matters for Adoption of Children Legislation Amendment\n(Equality) Act 2018\nAdoption of Children Act 1994 45\n(g) an adoption list kept and maintained under the repealed Act\nshall, on the commencement, become part of the adoption list\nmaintained under this Act.\n","sortOrder":102},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Adoption of Children","content":"Part 10 Transitional matters for Adoption of Children\nAmendment Act 2006\n","sortOrder":103},{"sectionNumber":"91","sectionType":"section","heading":"Application of amendments","content":"91 Application of amendments\n(1) The amendments made to this Act by sections 4 and 5 of the\nAdoption of Children Amendment Act 2006 have effect in relation to\nan adoption made before, on or after the commencement of that\nAct.\n(2) Subsection (1) has effect subject to the Regulations.\nPart 11 Transitional matters for Adoption of Children\nLegislation Amendment (Equality) Act 2018\n","sortOrder":104},{"sectionNumber":"92","sectionType":"section","heading":"Definitions","content":"92 Definitions\nIn this Part:\namending Act means the Adoption of Children Legislation\nAmendment (Equality) Act 2018.\ncommencement means the commencement of section 5(1) of the\namending Act.\n93 Applications under section 17\n(1) This section applies if, before the commencement:\n(a) a person or couple had made an application to the Minister\nunder section 17(1); and\n(b) the Minister had not made a decision on the application.\n(2) The Minister must assess and decide the application in accordance\nwith this Act as amended by the amending Act.\n","sortOrder":105},{"sectionNumber":"94","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"94 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n\n","sortOrder":106},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Adoption of Children Legislation Amendment","content":"Part 11 Transitional matters for Adoption of Children Legislation Amendment\n(Equality) Act 2018\nAdoption of Children Act 1994 46\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n\nSchedule 1 Matters of ethnicity and religion\nAdoption of Children Act 1994 47\n","sortOrder":107},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Matters of ethnicity and religion","content":"Schedule 1 Matters of ethnicity and religion\nsection 8(2)\nWith regard to the matters of ethnicity and religion in determining\nthe welfare and interests of a child, the Minister and the Court shall\ntake into account the following principles:\n(1) it is preferable that the child should be placed with a family\nthat has the same ethnic and cultural origins as the child's\nbirth parents in order to facilitate an environment that will\npromote the child's cultural heritage and identity;\n(2) where the child is an Aboriginal child, recognition is to be\ngiven to:\n(i) the absence of adoption in customary Aboriginal child\ncare arrangements, arrangements for the custody and\nguardianship of the child being made within the child's\nextended family or with other Aboriginal people who\nhave the correct relationship under customary Aboriginal\nlaw; and\n(ii) the desire and effort of the Aboriginal community to\npreserve the integrity of its culture and kinship\nrelationships so that efforts must be made to find\nplacements within families, kin groups or ethnic\ncommunities as appropriate;\n(3) there should be appropriate consultation with the child's\nparents or other relatives, or representatives of appropriate\nassociations, organisations or groups, in order to ascertain\nwhat is the best course of action to promote the ethnic welfare\nand development of the child;\n(4) where it is the express wish of the birth parents of a child that\nthe child be placed with a family that has particular religious\nconvictions, preference is to be given to the placement of the\nchild with such a family.\n\nSchedule 2 Repealed Acts\nAdoption of Children Act 1994 48\n","sortOrder":108},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Repealed Acts","content":"Schedule 2 Repealed Acts\nsection 88\nAdoption of Children Ordinance 1964 No. 67, 1964\nAdoption of Children Ordinance 1967 No. 6, 1967\nAdoption of Children Ordinance 1968 No. 20, 1968\nAdoption of Children Ordinance 1969 No. 30, 1969\nAdoption of Children Ordinance 1976 No. 42, 1976\nAdoption of Children Act 1979 No. 63, 1979\nAdoption of Children Amendment Act 1984 No. 26, 1984\nAdoption of Children Amendment Act 1986 No. 10, 1986\nAdoption of Children Amendment Act 1991 No. 73, 1991\n\nENDNOTES\nAdoption of Children Act 1994 49\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":109},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nAdoption of Children Act 1994 (Act No. 17, 1994)\nAssent date 18 April 1994\nCommenced 3 May 1994 (Gaz S32, 3 May 1994)\nStatute Law Revision Act (No. 2) 1995 (Act No. 42, 1995)\nAssent date 13 October 1995\nCommenced 13 October 1995\nAdoption of Children Amendment Act 2006 (Act No. 6, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n","sortOrder":110},{"sectionNumber":"29","sectionType":"section","heading":"April 2016)","content":"29 April 2016)\nAdoption of Children Legislation Amendment (Equality) Act 2018 (Act No. 4, 2018)\nAssent date 19 April 2018\nCommenced 20 April 2018 (s 2)\n\nENDNOTES\nAdoption of Children Act 1994 50\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n","sortOrder":111},{"sectionNumber":"3","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 15, 23, 28, 87 and 89.\n","sortOrder":112},{"sectionNumber":"4","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"4 LIST OF AMENDMENTS\ns 3 amd No. 8, 2016, s 45; No. 4, 2018, s 4; No. 4, 2023, s 4\ns 4 amd No. 4, 2018, s 9\ns 5 amd No. 6, 2006, s 3\ns 9 amd No. 4, 2018, s 9\ns 12 amd No. 4, 2018, s 9\ns 13 amd No. 4, 2018, s 5\ns 14 amd No. 4, 2018, s 9\ns 15 amd No. 4, 2018, s 9; No. 4, 2023, s 5\ns 16 amd No. 42, 1995, s 5\ns 17 sub No. 4, 2023, s 6\ns 17A ins No. 4, 2023, s 6\ns 18 amd No. 4, 2018, s 6; No. 4, 2023, s 7\ns 19 amd No. 4, 2018, s 9\nss 20 – 21 amd No. 4, 2018, s 9\nsub No. 4, 2023, s 8\ns 22 amd No. 4, 2018, s 9\ns 23 amd No. 7, 2007 s 16\ns 25 amd No. 4, 2018, s 9\nss 27 – 28 amd No. 4, 2018, s 9\ns 30 amd No. 4, 2018, s 9\ns 32 amd No. 4, 2018, s 9; No. 10, 2018, s 6\ns 35 amd No. 4, 2018, s 9\ns 37 amd No. 4, 2018, s 9\ns 39 amd No. 4, 2018, s 9; No. 4, 2023, s 9\ns 40 amd No. 4, 2018, s 9\ns 52 amd No. 8, 2016, s 45\ns 53 amd No. 4, 2018, s 9\npt 5 hdg amd No. 4, 2018, s 9\ns 54 amd No. 6, 2006, s 4; No. 8, 2016, s 45; No. 4, 2018, s 9\ns 55 amd No. 6, 2006, s 5; No. 8, 2016, s 45; No. 4, 2018, s 9\ns 56 amd No. 8, 2016, s 45\nsub No. 4, 2018, s 7\ns 57 amd No. 4, 2018, s 9\ns 59 amd No. 4, 2018, s 9\nss 62 – 66 amd No. 4, 2018, s 9\ns 68 amd No. 28, 2011, s 3; No. 4, 2018, s 9\nss 69 – 71 amd No. 28, 2011, s 3\ns 72 amd No. 28, 2011, s 3; No. 4, 2018, s 9; No. 10, 2018, s 6\nss 73 – 74 amd No. 28, 2011, s 3; No. 4, 2018, s 9\ns 75 amd No. 28, 2011, s 3\n\nENDNOTES\nAdoption of Children Act 1994 51\ns 76 amd No. 28, 2011, s 3; No. 4, 2018, s 9\ns 77 amd No. 28, 2011, s 3; No. 4, 2018, s 9; No. 10, 2018, s 6\ns 83 amd No. 4, 2018, s 9\ns 85 amd No. 4, 2018, s 9\ns 87 amd No. 8, 2016, s 45\npt 9 hdg sub No. 6, 2006, s 6\npt 10 hdg ins No. 6, 2006, s 7\ns 91 ins No. 6, 2006, s 7\npt 11 hdg ins No. 4, 2018, s 8\nss 92 – 94 ins No. 4, 2018, s 8","sortOrder":113}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act focused on married couples and single persons in exceptional circumstances. Amendments, particularly the 2018 Equality Amendment, expanded eligibility to de facto couples and same-sex couples, and added detailed provisions for intercountry adoption and recognition of foreign adoptions, broadening the original scope significantly."},"complexity_factors":["Over 90 sections across 11 parts","Many defined terms (e.g., 'citizen-child', 'non-citizen child', 'spouse', 'traditional Aboriginal marriage')","Complex consent provisions with revocation, defective consents, and court dispensation","Special rules for Aboriginal children","Multiple categories of adoptive parents with different requirements","Detailed transitional provisions for amendments","Cross-references to other legislation (Family Law Act, Status of Children Act, etc.)","Nested conditions throughout (e.g., exceptions to exceptions in consent and age requirements)"],"plain_english_summary":"This is the Northern Territory's main adoption law. It sets out the rules for adopting a child, including who can adopt (married couples, de facto couples, Aboriginal traditional marriages, and sometimes single people), the age requirements (adoptive parents must be at least 25, and generally not more than 40-45 years older than the child), and the process of assessment by the government (the Minister). The child's welfare is the most important consideration. For Aboriginal children, there are extra steps to try to keep them within their community or family. Adoption requires consent from birth parents (which can be withdrawn within one month) unless a court dispenses with it. Once adopted, the child is legally the child of the adoptive parents, and the birth parents lose parental rights. The law also covers recognition of adoptions from other Australian states and from overseas countries, and sets up a register and rules for accessing information about the adoption later in life. It prohibits things like paying for adoption arrangements or advertising for children."},"kimi_summary":{"_metrics":{"completionTokens":910},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a comprehensive legal framework for adoption in the Northern Territory. While amendments have expanded specific areas (notably the 2018 amendments allowing same-sex couples to adopt by redefining 'spouse' and 'couple'), these changes operate within the existing structure rather than extending the Act into new policy domains. The core scope — domestic adoption, intercountry adoption, recognition of foreign adoptions, and information access — has remained stable since 1994."},"complexity_factors":["Multiple overlapping categories of children (citizen-child vs non-citizen child) with different rules for each","Complex consent requirements with timing rules, revocation periods, and exceptions (e.g., section 28's 14-day/7-day/1-month cascade for unmarried birth parents)","Nested exceptions throughout — e.g., single person adoption generally prohibited unless 'exceptional circumstances' and Minister approval (section 14)","Age gap requirements with multiple conditional tiers (25/40/45 year thresholds depending on circumstances in section 16)","Extensive cross-referencing between Parts, especially for recognition of interstate and foreign adoptions (Part 4)","Detailed transitional provisions across three separate amending Acts spanning 1994–2018","Specific protections for Aboriginal children requiring consultation with community and customary law considerations (section 11, Schedule 1)","Information access regime with different rules based on when adoption occurred and age thresholds (16 and 18 years)","Property law interactions that preserve some pre-existing relationships despite adoption (sections 45–47)"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law governing how children can be legally adopted. It sets out the entire process from start to finish — who can adopt, who can be adopted, how applications work, what consents are needed, and what happens after an adoption order is made.\n\n**Who it affects:**\n\n- **Children** who need permanent new families (including children from overseas)\n- **Prospective adoptive parents** — couples or single people who want to adopt\n- **Birth parents** who are considering or have consented to adoption\n- **The Minister** (a government official) who oversees the adoption system\n- **The Local Court**, which makes the final adoption orders\n\n**Key things the law covers:**\n\n- **The child's welfare comes first** — this is the overriding principle in every decision\n- **Who can adopt:** Married couples, de facto couples, traditional Aboriginal married couples, and in limited circumstances, single people. You generally need to be 25+ and at least 25 years older than the child (with some flexibility)\n- **Aboriginal children** get special protections — the law tries to keep them within their extended family or Aboriginal community where possible\n- **The process:** Apply to the Minister → get assessed for suitability → go on a waiting list → get matched with a child → apply to court → court makes the order\n- **Consents:** Birth parents must usually consent, and this consent can only be revoked within one month. The court can dispense with consent in some cases (e.g., if a parent can't be found or has abandoned the child)\n- **What adoption means:** The child becomes legally the child of the adoptive parents, with the same rights as a birth child. The previous legal relationship with birth parents ends (except for some property and criminal law purposes)\n- **Information access:** Adopted people, birth parents, and adoptive parents can apply for information about each other, though there are restrictions — especially for adoptions that happened before this law started\n- **Offences:** It's illegal to pay for adoptions, advertise for adoptions, reveal identities without permission, or improperly take a child from adoptive parents\n\n**Why it matters:**\n\nThis law balances three things: giving children stable, loving homes; protecting birth parents' rights; and recognising that adoption is a lifelong change that affects identity, family relationships, and legal status. It also recognises that for Aboriginal children, maintaining cultural connections is crucial."}},"importantCases":[],"_links":{"self":"/api/acts/adoption-of-children-act-1994","history":"/api/acts/adoption-of-children-act-1994/history","analysis":"/api/acts/adoption-of-children-act-1994/analysis","conflicts":"/api/acts/adoption-of-children-act-1994/conflicts","importantCases":"/api/acts/adoption-of-children-act-1994/important-cases","documents":"/api/acts/adoption-of-children-act-1994/documents"}}