Adoption Act 1984

1 Short title

This Act may be cited as the Adoption Act 1984.

2 Commencement

The several provisions of this Act shall come into operation on a day or days to be proclaimed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3 Repeals, savings and transitional provisions

S. 3(1)(2) repealed by No. 32/2000 s. 18.

(3) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the Adoption of Children Act 1964 or existing or continuing under that Act immediately before the commencement of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and

(b) in particular and without affecting the generality of paragraph (a), such repeal shall not disturb the continuity of status, operation or effect of any rule, order, authority, application, decision, consent, bond, register, direction, liability or right made, affected, issued, granted, given, passed, accrued, incurred or acquired or existing or continuing by or under the Adoption of Children Act 1964 before the commencement of this section.

(4) Subject to this Act, sections 53 and 54 (other than subsection (4)) apply in relation to an adoption order made under, or continued in force by, any corresponding previous enactment as if this Act had been in force when the order was made and the order had been made under this Act.

(5) In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this section, an adoption order referred to in subsection (4) shall have the same effect as if this Act had not been passed.

S. 3(6) repealed by No. 32/2000 s. 18.

(7) Notwithstanding the repeal of the Adoption of Children Act 1964, that Act shall continue to apply to and in relation to arrangements and negotiations for the adoption of a child in respect of whom all consents necessary under that Act for the adoption have been obtained or have been dispensed with before the commencement of this section and to the making of orders for the adoption of any such child.

No. 7147 s. 4.

4 Definitions

(1) In this Act, unless inconsistent with the context or subject-matter—

Aborigine means a person who—

(a) is descended from an Aborigine or Torres Strait Islander;

(b) identifies as an Aborigine or Torres Strait Islander; and

(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

S. 4(1) def. of accredited body inserted by No. 32/2000 s. 5(1).

accredited body means a body accredited under section 69O as an accredited body for the purposes of the Hague Convention;

S. 4(1) def. of adoption compliance certificate inserted by No. 32/2000 s. 5(1).

adoption compliance certificate means a certificate issued in accordance with article 23 of the Hague Convention;

adoption order means an order for the adoption of a child under this Act;

S. 4(1) def. of approved agency amended by No. 46/1998

approved agency means a welfare organization approved by the Secretary under Division 2 of Part II;

approved counsellor means a person who is for the time being approved as a counsellor under section 5;

S. 4(1) def. of Central Authority inserted by No. 32/2000 s. 5(1).

Central Authority means a person or office designated for a Convention country under article 6 of the Hague Convention;

child means a person who has not attained the age of 18 years or a person who has attained that age in respect of whom an adoption order is sought or has been made;

S. 4(1) def. of Common-wealth Central Authority inserted by No. 32/2000 s. 5(1).

Commonwealth Central Authority has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[1];

S. 4(1) def. of contact statement inserted by No. 25/2013 s. 3, repealed by No. 32/2015 s. 4(1)(a).

S. 4(1) def. of Convention country inserted by No. 32/2000 s. 5(1), amended by No. 29/2011 s. 3(Sch. 1 item 3).

Convention country means, subject to article 45 of the Hague Convention—

(a) a country specified in Schedule 2 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[2]; and

(b) any other country for which the Convention has entered into force[3], other than—

(i) Australia; and

(ii) a country against whose accession Australia has raised an objection under article 44 of the Convention;

S. 4(1) def. of current contact statement inserted by No. 25/2013 s. 3, repealed by No. 32/2015 s. 4(1)(b).

S. 4(1) def. of de facto relationship inserted by No. 72/1997
s. 3(1)(a), repealed by No. 68/2015 s. 4(2)(a).

S. 4(1) def. of de facto spouse inserted by No. 72/1997
s. 3(1)(a), repealed by No. 68/2015 s. 4(2)(b).

S. 4(1) def. of Department inserted by No. 20/2022 s. 51(1)(b).

Department means the Department of Justice and Community Safety;

S. 4(1) def. of Director-General amended by Nos 16/1987 s. 12(Sch. 2 item 1(a)), 72/1997
s. 3(1)(b), repealed by No. 46/1998

disposition of property includes the grant or exercise of a power of appointment in respect of property;

S. 4(1) def. of domestic partner inserted by No. 68/2015 s. 4(1).

domestic partner of a person means—

(a) a person who is in a registered domestic relationship with the person; or

(b) a person with whom the person is in a domestic relationship;

S. 4(1) def. of domestic relationship inserted by No. 68/2015 s. 4(1).

domestic relationship means a relationship between 2 persons who are living together as a couple on a genuine domestic basis (irrespective of sex or gender) and who are neither married to each other nor in a registered domestic relationship with each other;

S. 4(1) def. of Government Statist repealed by No. 10244 s. 10.

guardian in relation to a child, includes a person who is or is deemed to be the guardian of the child, to the exclusion of, or in addition to, any parent or other guardian, under a law of the Commonwealth or of a State or Territory;

S. 4(1) def. of Hague Convention inserted by No. 32/2000 s. 5(1).

Hague Convention means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993, a copy of the English text of which is set out in Schedule 1;

interim order means an interim order under Division 4 of Part III;

S. 4(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 3), amended by No. 17/2014 s. 160(Sch. 2 item 3).

legal practitioner means an Australian legal practitioner;

non-citizen child has the same meaning as in the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being;

S. 4(1) def. of registered domestic relationship inserted by No. 68/2015 s. 4(1).

registered domestic relationship has the same meaning as in section 3 of the Relationships Act 2008;

S. 4(1) def. of Registrar inserted by No. 10244 s. 10, amended by No. 43/1996
s. 65(Sch. item 1.1).

Registrar means the Registrar of Births, Deaths and Marriages appointed under section 5 of the Births, Deaths and Marriages Registration Act 1996;

relative, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half-blood or by affinity, and notwithstanding that the relationship depends upon the adoption of any person;

S. 4(1) def. of Secretary inserted by No. 46/1998
s. 7(Sch. 1), amended by Nos 32/2015 s. 4(1)(c), 20/2022 s. 51(1)(a).

Secretary means the Secretary to the Department;

S. 4(1) def. of State Central Authority inserted by No. 32/2000 s. 5(1).

State Central Authority has the meaning given in section 69K;

Territory means Territory of the Commonwealth.

S. 4(1A) inserted by No. 46/1998
s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 3), 20/2022 s. 51(2).

(1A) If under the Public Administration Act 2004 the name of the Department is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

(2) For the purposes of this Act, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period.

(3) Where an office that is established by any Act is referred to in this Act and the holder of that office has power to assign or delegate to another person all or any of his powers and functions under that Act—

(a) the powers and functions of the holder of that office that may be so assigned or delegated shall be deemed to include the powers and functions of that office under this Act, and any of those powers and functions under this Act may be assigned or delegated in the manner provided by that Act; and

(b) in relation to a power or function so assigned or delegated a reference in this Act to the holder of that office shall be read as including a reference to the assignee or delegate, as the case may be.

(4) In this Act, a reference to the principal officer of an approved agency includes a reference to the deputy principal officer (if any) or a person who is authorized in writing by the principal officer to exercise or perform the powers and functions of the principal officer under this Act.

S. 4(5) inserted by No. 72/1997
s. 3(2), substituted by No. 68/2015 s. 4(3).

(5) If a person living in a domestic relationship is also in a registered domestic relationship, a reference in this Act (except in section 55) to a domestic partner of such a person does not include a reference to the person with whom the first-mentioned person is in the registered domestic relationship.

S. 4(6) inserted by No. 72/1997
s. 3(2), amended by No. 68/2015 s. 4(4).

(6) A reference in this Act to a spouse includes a reference to a person referred to in section 11(1)(a) or (b).

S. 4(7) inserted by No. 68/2015 s. 4(5).

(7) For the purposes of the definition of domestic partner in subsection (1), in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 4(8) inserted by No. 68/2015 s. 4(5).

(8) For the purposes of subsection (7), a person is not a domestic partner of another person only because they are co-tenants.

5 Approved counsellors

S. 5(1) amended by No. 46/1998

(1) Subject to subsection (2), the Secretary may, by notice published in the Government Gazette, approve a person as a counsellor for the purposes of this Act and may by notice so published revoke any such approval.

S. 5(2) amended by No. 46/1998

(2) The Secretary shall not approve a person as a counsellor under subsection (1) unless the person is—

S. 5(2)(a) amended by Nos 16/1987 s. 12(Sch. 2 item 1(b)), 46/1998
s. 7(Sch. 1), 32/2015 s. 4(2), 20/2022 s. 52.

(a) an officer or employee of the Department;

(b) employed by an approved agency; or

S. 5(2)(c) amended by No. 46/1998

(c) a person who is not such an officer or employee or so employed but is a person who in the opinion of the Secretary has such qualifications and experience as is appropriate for a counsellor for the purposes of this Act.

No. 7147 s. 5.

6 The Court

S. 6(1) amended by No. 3/1986 s. 4(a).

(1) The Court having jurisdiction to make an adoption order or any other order under this Act shall be—

(a) the Supreme Court; or

(b) at the option of the applicant—the County Court.

S. 6(1A) inserted by No. 3/1986 s. 4(b).

(1A) If an application to make an adoption order or other order under this Act is made to the County Court and the County Court considers that, in all the circumstances of this case, the matter should be dealt with by the Supreme Court, the County Court may direct that the application be transferred to the Supreme Court.

(2) Rules in regard to any matter to be prescribed under this Act and directing the manner in which applications to the Court are to be made and dealing generally with all matters of procedure and incidental matters arising out of this Act and for carrying this Act into effect may in accordance with the provisions of sections 25 to 27 of the Supreme Court Act 1958 be made by the Judges of the Supreme Court.

No. 7147 s. 6.

7 Jurisdiction

(1) The Court shall not make an order for the adoption of a child unless—

(a) at the time of the filing in the Court of the application for the order—

(i) the applicant or (in the case of joint applicants) each of the applicants, was resident or domiciled in Victoria; and

(ii) the child was present in Victoria; or

S. 7(1)(b) amended by No. 46/1998

(b) the child was born in Victoria and at the time of the filing in the Court of the application for the order was under the guardianship of the Secretary or the principal officer of an approved agency.

S. 7(2) amended by No. 46/1998

(2) For the purposes of subsection (1), where the Court is satisfied that an applicant was resident or domiciled in Victoria, that a child was present in Victoria or that a child was under the guardianship of the Secretary or a principal officer, on a date within 21 days before the date on which an application was filed in the Court, the Court may, in the absence of evidence to the contrary, presume that the applicant was resident or domiciled in Victoria, that the child was present in Victoria or that the child was under the guardianship of the Secretary or principal officer, as the case may be, at the time of the filing in the Court of the application.

S. 7(3) inserted by No. 32/2000 s. 5(2).

(3) This section does not apply in respect of an order for the adoption of a child under Division 1 of Part IVA.

No. 7147 s. 7.

8 Rules of private international law not to apply

The jurisdiction of a Court to make an adoption order shall not be dependent on any fact or circumstances not expressly specified in this Act.

No. 7147 s. 8.

9 Welfare and interests of child to be paramount

In the administration of this Act, the welfare and interests of the child concerned shall be regarded as the paramount consideration.

Part II—Adoptions under this Act

No. 7147 s. 9.

10 Who may be adopted

(1) Subject to this Act, the Court may make an order for the adoption of a person who—

S. 10(1)(b) amended by Nos 72/1997
s. 4(a)(b), 68/2015 s. 5.

(a) had not attained the age of eighteen years before the date on which the application was filed in the Court; or

(b) has been brought up, maintained and educated by the applicant or either of the applicants, or by the applicant and a deceased spouse or domestic partner of the applicant, as the child of the applicant or of the applicant and deceased spouse or domestic partner as if the applicant were the parent of that child, or the applicant and deceased spouse or deceased domestic partner of the applicant were the parents of that child.

(2) An order may be made under this Act for the adoption of a child notwithstanding that the child had, whether before or after the commencement of this Act, and whether in Victoria or elsewhere, previously been adopted.

S. 10A inserted by No. 72/1997
s. 5.

10A Application for adoption order

An application for an adoption order under sections 11 and 12 may be made—

S. 10A(a) amended by No. 68/2015 s. 6(1).

(a) in the case of 2 persons who are married or living in a relationship referred to in section 11(1), if the persons have been married to each other or living in that relationship with each other for not less than 2 years;

S. 10A(b) amended by No. 68/2015 s. 6(2).

(b) in the case of a person who is married or living in a relationship referred to in section 11(1) and who proposes adopting a child of the person's spouse or domestic partner, or a child who is related to the person's spouse or domestic partner, if that person and the person's spouse or domestic partner (as the case requires) have been married to each other or living in that relationship with each other for not less than 2 years.

Cf. No. 7147 s. 10.

11 Persons in whose favour adoption orders may be made

S. 11(1) amended by No. 68/2015 s. 7(1).

(1) An adoption order may be made in favour of 2 persons—

(a) who are married to each other and have been so married for not less than two years; or

S. 11(1)(b) amended by No. 72/1997
s. 6(1).

(b) whose relationship is recognized as a traditional marriage by an Aboriginal community or an Aboriginal group to which they belong and has been so recognized for not less than two years; or

S. 11(1)(ba) inserted by No. 68/2015 s. 7(2).

(ba) who are in a registered domestic relationship with each other and have been so for not less than 2 years; or

S. 11(1)(c) inserted by No. 72/1997
s. 6(1), amended by No. 68/2015 s. 7(3).

(c) who are living in a domestic relationship and have been so living for not less than 2 years; or

S. 11(1)(d) inserted by No. 72/1997
s. 6(1).

(d) who have been living with each other in any combination of the relationships referred to in paragraphs (a) to (c) and have been so living for not less than 2 years—

before the date on which the order is made.

S. 11(1A) inserted by No. 72/1997
s. 6(2), substituted by No. 68/2015 s. 7(4).

(1A) The Court must not make an adoption order under subsection (1) in relation to 2 persons in a domestic relationship unless the Court is satisfied that, at the time that the order is made, neither person—

(a) is married to another person; or

(b) is in a registered domestic relationship with another person.

(2) The Court shall not make an adoption order in favour of a person who is, or persons either of whom is, the mother of the child or a man who, under section 33(3), is an appropriate person to give consent to the adoption of the child.

(3) Subject to this section, where the Court is satisfied that special circumstances exist in relation to the child which make it desirable so to do, the Court may make an adoption order in favour of one person.

S. 11(4) amended by Nos 67/1987 s. 4(1)(a), 72/1997 s. 6(3)(a), substituted by No. 68/2015 s. 7(5).

(4) The Court shall not make an adoption order in favour of one person if that person—

(a) is married or is in a registered domestic relationship unless that person is living separately and apart from that person's spouse or domestic partner (as the case may be); or

(b) is married or is in a registered domestic relationship, and is living with that person's spouse or domestic partner (as the case may be), except with the consent of that person's spouse or domestic partner; or

(c) is living in a domestic relationship and has been so living for not less than 2 years, except with the consent of that person's domestic partner.

S. 11(5) amended by Nos 72/1997
s. 6(3)(b)(i)(ii), 68/2015 s. 7(6).

(5) The spouse or domestic partner of a parent or of an adoptive parent of a child may make an application to the Court under this Act for an order for the adoption of the child by that spouse or domestic partner.

S. 11(6) substituted by No. 67/1987 s. 4(1)(b), amended by Nos 72/1997
s. 6(3)(c)(i)(ii), 68/2015 s. 7(7).

(6) Where an application is made under subsection (5) by the spouse or domestic partner of a parent or of an adoptive parent of a child, the Court must not make an order for the adoption of the child solely by that spouse or domestic partner unless it is satisfied that—

S. 11(6)(a) amended by No. 72/1997
s. 13(a).

(a) the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 of the Commonwealth as amended and in force for the time being in relation to the child would not make adequate provision for the welfare and interests of the child; and

(b) exceptional circumstances exist which warrant the making of an adoption order; and

S. 11(6)(c) amended by No. 72/1997
s. 6(3)(d).

(c) an order for the adoption of the child would make better provision for the welfare and interests of the child than an order referred to in paragraph (a); and

S. 11(6)(d) inserted by No. 72/1997
s. 6(3)(d), substituted by No. 68/2015 s. 7(8).

(d) in the case of an order in favour of the domestic partner of a parent or adoptive parent, at the time that the order is made the domestic partner is neither married to, nor in a registered domestic relationship with, a person who is not the parent or adoptive parent of the child.

S. 11(7) inserted by No. 67/1987 s. 4(1)(b), amended by Nos 72/1997
s. 6(3)(e), 68/2015 s. 7(9).

(7) If an order for the adoption of a child is made under subsection (6), the spouse or domestic partner shall be deemed to be a parent of the child jointly with that parent or adoptive parent as if the spouse or domestic partner and that parent or adoptive parent had been married to each other at the time the child was born but notwithstanding anything in section 53—

(a) the child is not to be treated in law as if the child were not the child of that parent or adoptive parent; and

(b) that parent or adoptive parent is not to be treated in law as if the parent or adoptive parent were not a parent of that child; and

(c) the relationship between the child and that parent or adoptive parent is not terminated; and

(d) if that parent or adoptive parent had been the guardian of the child, the order does not terminate the guardianship; and

(e) if the child were the adopted child of that adoptive parent, the order does not terminate that adoption.

S. 12 amended by Nos 67/1987 s. 4(2), 72/1997 s. 7(1), 68/2015 s. 8(1).

12 Orders in favour of relatives

The Court shall not make an order for the adoption of a child in favour of a person who, or whose spouse or domestic partner, is a relative of the child or in favour of two persons who are, or one of whom is, a relative of the child unless the Court is satisfied that—

S. 12(a) inserted by No. 67/1987 s. 4(2), amended by No. 72/1997
s. 13(b).

(a) the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 of the Commonwealth as amended and in force for the time being in relation to the child would not make adequate provision for the welfare and interests of the child; and

S. 12(b) inserted by No. 67/1987 s. 4(2).

(b) exceptional circumstances exist which warrant the making of an adoption order; and

S. 12(c) inserted by No. 67/1987 s. 4(2), amended by No. 72/1997
s. 7(2).

(c) the order for the adoption of the child would make better provision for the welfare and interests of the child than an order referred to in paragraph (a); and

S. 12(d) inserted by No. 72/1997
s. 7(2), substituted by No. 68/2015 s. 8(2).

(d) in the case of an order in favour of 2 persons who are in a domestic relationship with each other, neither of those persons, at the time that the order is made—

(i) is married to another person; or

(ii) is in a registered domestic relationship with another person; and

S. 12(e) inserted by No. 72/1997
s. 7(2), substituted by No. 68/2015 s. 8(2).

(e) in the case of an order in favour of a person who is in a domestic relationship and whose domestic partner is a relative of the child, neither that person nor that person's domestic partner, at the time that the order is made—

(i) is married to another person; or

(ii) is in a registered domestic relationship with another person.

S. 13 substituted by No. 67/1987 s. 5,
repealed by No. 72/1997
s. 8, new s. 13 inserted by No. 32/2000 s. 11.

13 Approval of persons to adopt children

(1) Persons capable of making an application under section 10A(a) for an adoption order under section 11 may apply to the Secretary or the principal officer of an approved agency for approval as fit and proper persons to adopt a child.

(2) An application is to be made in accordance with the regulations.

(3) The Secretary or the principal officer of an approved agency may approve applicants under subsection (1) as fit and proper persons to adopt a child if the applicants satisfy the prescribed requirements relating to approval of applicants.

(4) Subject to subsection (5), the Secretary or the principal officer of an approved agency may revoke an approval given by the Secretary or principal officer (as the case requires) under subsection (3).

(5) The Secretary or the principal officer of an approved agency must not refuse, or defer the making of a decision on, an application for approval or revoke an approval, unless the Secretary or principal officer has—

(a) notified the applicant or approved person (as the case requires) in writing of the reasons for the refusal, deferment or revocation; and

(b) given the applicant or approved person a reasonable opportunity to make a written or oral submission to the Secretary or principal officer.

S. 13A inserted by No. 32/2000 s. 11.

13A Register of approved persons

(1) The Secretary must—

(a) keep a register of persons who have been approved by the Secretary under section 13 as fit and proper persons to adopt a child; and

(b) keep a record of persons—

(i) whose application for approval has been refused by the Secretary; or

(ii) whose application for approval has been deferred by the Secretary; or

(iii) whose approval has been revoked by the Secretary.

(2) The principal officer of an approved agency must—

(a) keep a register of persons who have been approved by the principal officer under section 13 as fit and proper persons to adopt a child; and

(b) keep a record of persons—

(i) whose application for approval has been refused by the principal officer; or

(ii) whose application for approval has been deferred by the principal officer; or

(iii) whose approval has been revoked by the principal officer.

1. 5 penalty units.

S. 14 substituted by No. 32/2000 s. 12.

14 Wishes of child

(1) Subject to this Division, an order for the adoption of a child shall not be made unless the Court is satisfied that—

(a) at least 28 days before the day on which the adoption order is to be made the child received counselling from an approved counsellor as to the effects of the adoption; and

(b) as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child.

(2) Subsection (1)(a) does not apply if the Court is satisfied that counselling is inappropriate having regard to the age and understanding of the child.

(3) A person who has given counselling to a child under subsection (1)(a) must provide a written report to the Court.

No. 7147 s. 12.

15 Court to be satisfied as to certain matters

S. 15(1) amended by No. 46/1998

(1) The Court shall not make an order for the adoption of a child unless the Court has received a report in writing on behalf of the Secretary or the principal officer of an approved agency concerning the proposed adoption and, after considering the report and any other evidence before the Court, the Court is satisfied that—

S. 15(1)(a) amended by No. 32/2000 s. 13.

(a) the applicants satisfy the prescribed requirements relating to approval of applicants and, except in the case of an order referred to in section 12, the applicants have been approved under section 13;

S. 15(1)(b) amended by No. 46/1998

(b) the Secretary or principal officer has given consideration to any wishes expressed by a parent of the child in relation to the religion, race or ethnic background of the proposed adoptive parent or adoptive parents of the child;

S. 15(1)(c) amended by No. 46/1998

(c) the Secretary or principal officer has given consideration to any wishes expressed by a parent of the child after consent was given or dispensed with about access to or information about the child and any arrangements agreed between the parent and the proposed adoptive parents of the child for access to the child or for the giving of information about the child; and

(d) the welfare and interests of the child will be promoted by the adoption.

(2) Subsection (1) does not apply in relation to an order under section 10 for the adoption of a child who has attained the age of eighteen years before the making of the order but the Court shall not make an adoption order in such a case unless it is satisfied that special circumstances make it desirable that the child should be adopted.

S. 15(3) amended by No. 46/1998

(3) A report on behalf of the Secretary or the principal officer of an approved agency may be made by the Secretary or principal officer or by a person authorized by the Secretary or principal officer in writing either generally or in any particular case.

No. 7147 s. 13.

16 Notice of application for adoption orders

(1) The Court shall not make an order for the adoption of a child unless the applicant or applicants for the adoption order has or have given notice of the application in accordance with the rules of the Court—

(a) to any person whose consent to the adoption of the child is required under section 33 but whose consent has not been given and has not been dispensed with under section 43;

(b) to any person who is not a parent of the child but is a guardian of the child; and

(c) to any person (not being a person whose consent is so required) with whom the child resides or who has the care or custody of the child.

(2) The Court may, upon application in writing, dispense with the giving of a notice under subsection (1).

(3) Where it appears to the Court to be necessary in the interests of justice so to do, the Court may direct that notice of an application for an adoption order be given to any person.

No. 7147 s. 14.

17 Parties

Where an application is made to the Court for an order for the adoption of a child, the Court may permit such persons as the Court thinks fit to be joined as parties to the proceedings for the purpose of opposing the application or for the purpose of opposing an application to dispense with the consent of a person.

S. 18 amended by No. 59/1997
s. 6.

18 Custody etc. after refusal of an application for an adoption order

If the Court refuses an application for an order for the adoption of a child, the Court may make such order for the care and control of the child or for the making of any further application under this Act as it thinks fit.

No. 7147 s. 16.

19 Discharge of adoption orders

(1) An eligible person may apply to the Court for an order discharging an order for the adoption of a child made under this Act or any corresponding previous enactment on the grounds—

(a) that the adoption order or a consent for the purposes of the adoption order was obtained by fraud, duress or other improper means; or

(b) that special circumstances exist why the adoption order should be discharged.

(2) In subsection (1)—

S. 19(2)(a) amended by No. 46/1998

(a) eligible person means the adopted child to whom the adoption order relates, a natural parent of the adopted child, an adoptive parent of the adopted child, the Secretary or the principal officer of the approved agency by which the adoption was arranged; and

(b) a reference to special circumstances includes a reference to an irretrievable breakdown of the relationship between the adoptive parents and the adopted person.

(3) Where an application is made under subsection (1), the Court shall, if satisfied that there may be grounds on which an order may be made, direct that an investigation be made into the circumstances under which the application is made.

S. 19(4) amended by Nos 69/1989 s. 11(1)(a), 46/1998
s. 7(Sch. 1), 32/2015 s. 5, 20/2022 s. 53.

(4) An investigation under subsection (3) shall be made by the Secretary and, where the Court so directs, by a person nominated by the Secretary.

S. 19(5) amended by No. 32/2000 s. 14(1).

(5) The Court shall, after consideration of a report of an investigation carried out under subsection (3), if it is satisfied that the adoption order should be discharged, make an order for the discharge of the adoption order.

S. 19(5A) inserted by No. 32/2000 s. 14(2).

(5A) The Court shall not make an order for the discharge of an adoption order unless the Court is satisfied that the welfare and interests of the child would be promoted by the discharge of the adoption order.

(6) Where the Court makes an order discharging an adoption order, then, unless the Court otherwise orders, any consent given under this Act for the purposes of the adoption of the child ceases to have effect.

(7) Where the Court makes an order under this section, it may, at the same time or subsequently, make such consequential or ancillary orders as it thinks necessary in the interests of justice or the welfare and interests of the child, including orders relating to—

(a) the name of the child;

(b) the ownership of property;

(c) the custody or guardianship of the child; or

(d) the domicile of the child.

(8) Upon the making of an order under this section discharging an order for the adoption of a child, but subject to any order made under subsection (7) and to section 53(2), the rights, privileges, duties, liabilities and relationships of the child and of all other persons shall be the same as if the adoption order had not been made, but without prejudice to—

(a) anything lawfully done;

(b) the consequences of anything unlawfully done; or

(c) any proprietary right or interest that became vested in any person—

whilst the adoption order was in force.

S. 19(9) inserted by No. 32/2000 s. 14(3).

(9) The Court may allow any of the following persons to appear and to address the Court (either personally or by a legal practitioner) at the hearing of an application for the discharge of an order for the adoption of a child—

(a) the child;

(b) a natural parent of the child;

(c) an adoptive parent of the child;

(d) the Secretary;

(e) if the adoption was arranged by an adoption agency, the principal officer of that agency;

(f) any other person whom the Court determines has a sufficient interest in the matter.

Division 2—Arrangement of adoptions

No. 7147 s. 17.

20 Adoptions may be arranged by Secretary or by approved agency

S. 20(1) amended by No. 46/1998

(1) For the purposes of this Act, arrangements or negotiations for or towards or with a view to the making of an adoption in favour of any person or persons may be made by or on behalf of the Secretary or by or on behalf of an approved agency.

S. 20(2) amended by No. 46/1998

(2) Arrangements or negotiations referred to in subsection (1) may be made by any person authorized in writing for any specified purpose or purposes, either generally or in any particular case, by the Secretary or the principal officer of the approved agency.

S. 20(3) amended by No. 46/1998

(3) Except as otherwise provided in this Act, an order shall not be made for the adoption of a child unless arrangements or negotiations for or towards or with a view to the adoption of the child have been made by or on behalf of the Secretary or by or on behalf of an approved agency.

S. 20(4) inserted by No. 32/2000 s. 5(3).

(4) Nothing in subsection (3) prevents the doing of anything required or authorised to be done by the Hague Convention.

S. 20A inserted by No. 72/1997
s. 9.

20A Determinations by Secretary or approved agency

A person who may make arrangements or enter into negotiations under section 20 for or towards or with a view to making an adoption must not make an assessment of the suitability of a person to adopt a child—

S. 20A(a) amended by No. 68/2015 s. 9(1).

(a) in the case of 2 persons who are married or living in a relationship referred to in section 11(1), unless the person who may make those arrangements or enter into those negotiations is satisfied that the persons have been married to each other or living in that relationship with each other for not less than 2 years;

S. 20A(b) amended by No. 68/2015 s. 9(2).

(b) in the case of one person, if that person is married or living in a relationship referred to in section 11(1) and proposes adopting a child of that person's spouse or domestic partner, or a child who is related to that person's spouse or domestic partner, unless the person who may make those arrangements or enter into those negotiations is satisfied that the person seeking to adopt a child and the person's spouse or domestic partner (as the case requires) have been married to each other or living in that relationship with each other for not less than 2 years.

No. 7147 s. 18.

21 Application for approval of adoption agency

S. 21(1) amended by No. 46/1998

(1) Any welfare organization carrying on, or desiring to carry on, the activity of conducting negotiations or making arrangements with a view to the adoption of children may apply in writing to the Secretary for approval as an approved agency.

(2) An application under this section shall contain such information relating to the organization as is prescribed and shall nominate a person to be the principal officer and may nominate a person to be the deputy principal officer of the organization for the purposes of this Act.

S. 21(3) amended by No. 46/1998

(3) Where the Secretary receives an application under this section, the Secretary shall publish notice of the application in the Government Gazette.

(4) For the purposes of this section welfare organization means an organization, corporate or unincorporate, formed or carried on primarily or principally for religious, charitable, benevolent, philanthropic or welfare purposes, but does not include an organization formed or carried on for the purpose of trading or securing a pecuniary profit to its members.

No. 7147 s. 19.

S. 22 amended by No. 46/1998

22 Secretary may grant or refuse application

The Secretary may, as the Secretary thinks fit, grant or refuse an application under section 21 and in particular, without in any way limiting the generality of the foregoing, may refuse any application if it appears to the Secretary that the applicant is not a welfare organization within the meaning of section 21 or is not suited to carrying on the activity of making arrangements with a view to the adoption of children, having regard to all relevant considerations, including the qualifications, experience, character and number of the persons taking part, or proposing to take part, in the management or control of the organization, or engaged or proposed to be engaged, on behalf of the organization, in the making of arrangements with a view to the adoption of children.

S. 23 amended by Nos 3/1986 s. 4(c), 46/1998

23 Authorized agencies—non-citizen children

The Secretary may authorize an approved agency, whether at the time the Secretary grants or renews the application for approval under section 21 or 26 or at any other time, to make arrangements with a prescribed person or prescribed organization or a person or organization included in a prescribed class of persons or organizations in places outside Australia for the adoption in Victoria of non-citizen children.

No. 7147 s. 20.

24 Revocation or suspension of approval

S. 24(1) amended by No. 46/1998

(1) The Secretary may at any time by notice in writing served personally or by certified mail on the principal officer of an approved agency revoke or suspend for a specified period the approval of the agency under this Division or the authority of the agency under section 23—

(a) at the request of the approved agency concerned;

(b) in the case of a revocation or suspension of approval under section 22, on the ground that the approved agency is no longer a suitable organization to carry on the activity of conducting negotiations or making arrangements with a view to the adoption of children, having regard to all relevant considerations including the matters referred to in section 22;

(c) in the case of revocation or suspension of authority under section 23, on the ground that the approved agency is no longer a suitable organization to make arrangements with prescribed persons or prescribed organizations in places outside Australia for the adoption in Victoria of non-citizen children; or

(d) on the ground that the approved agency has contravened, or failed to comply with, a provision of this Act or the regulations that is applicable to it.

(2) Where the approval of a welfare organization as an approved agency is suspended, the organization shall not commence or continue arrangements or negotiations for an adoption under this Act.

S. 25 amended by No. 32/2000 s. 15.

25 Period of approval of agency

The approval of a welfare organization as an approved agency under section 22 or renewal of such an approval under section 26 has effect for the period, not exceeding 3 years, determined by the Secretary, unless sooner revoked under this Part.

26 Renewal of approval

S. 26(1) amended by No. 46/1998

(1) An approved agency may apply in writing to the Secretary for renewal of approval as an adoption agency.

S. 26(2) amended by No. 46/1998

(2) Where the Secretary receives an application under subsection (1), the Secretary shall publish notice of the application in the Government Gazette.

S. 26(3) amended by No. 46/1998

(3) The Secretary may, as the Secretary thinks fit, grant or refuse an application under subsection (1) as if it were an application under section 21.

27 Effect of cessation or suspension of approved agency

Where a welfare organization ceases to be an approved agency or the approval of a welfare organization as an approved agency is suspended—

S. 27(a) amended by No. 46/1998

(a) all records and other documents held by it or under its control relating to the arrangement or negotiation of adoptions shall become the property of the Secretary or, with the approval of the Secretary where the welfare organization has entered into an agreement with an approved agency that the approved agency be the successor of the welfare organization, of that approved agency;

S. 27(b) amended by No. 46/1998

(b) where the principal officer of the first-mentioned approved agency was, immediately before the cessation or suspension, the guardian of a child under this Act, the Secretary or principal officer of the approved agency that is the successor of the first-mentioned approved agency, as the case may be, becomes the guardian of that child upon the cessation or suspension; and

S. 27(c) amended by No. 46/1998

(c) the arrangements or negotiations being undertaken by the first-mentioned approved agency immediately before the cessation or suspension shall be continued by the Secretary or principal officer of the approved agency that is the successor of the first-mentioned approved agency, as the case may be.

28 Effect of revocation or suspension of authority under section 23

Where the authority of an approved agency under section 23 is revoked or suspended—

S. 28(a) amended by No. 46/1998

(a) all records and other documents held by it or under its control relating to arrangements for the adoption of non-citizen children shall become the property of the Secretary or, with the approval of the Secretary where the welfare organization has entered into an agreement with an approved agency that the approved agency be the successor of the welfare organization, of that approved agency; and

S. 28(b) amended by No. 46/1998

(b) any such arrangements being undertaken by the first-mentioned approved agency immediately before the revocation or suspension shall be continued by the Secretary or principal officer of the approved agency that is the successor of the first-mentioned approved agency, as the case may be.

29 Ending of suspension of approval or authority

Upon the expiration of the period of suspension of the approval of a welfare organization as an approved agency or of the authority under section 23 of an approved agency—

S. 29(a) amended by No. 46/1998

(a) the Secretary may, return to the approved agency such documents and records as, by reason of section 27(a), became the property of the Secretary upon the suspension; and

S. 29(b) amended by No. 46/1998

(b) the Secretary may, authorize the approved agency to continue such arrangements and negotiations being undertaken by the Secretary as the Secretary thinks fit, being arrangements or negotiations that, but for the suspension, would have been carried on by the approved agency.

No. 7147 s. 21.

30 Notice of approval to be published in Government Gazette

(1) Notice of the approval or renewal of the approval of any welfare organization as an approved agency under this Division and of the revocation or suspension of any such approval shall be published in the Government Gazette.

(2) Each such notice shall specify the address of the principal officer of the welfare organization concerned and the full name of the principal officer and deputy principal officer (if any) of the organization.

No. 7147 s. 22.

31 Acts of principal officer deemed acts of approved agency

Anything done by the principal officer or deputy principal officer of an approved agency or with his approval shall be deemed to be done by the approved agency.

S. 32 amended by No. 46/1998

32 Duties of Secretary and approved agencies

In all matters relating to the exercise of powers and the performance of duties under this Act, the Secretary and the principal officer of an approved agency shall have regard to adoption as a service for the child.

Division 3—Consents to adoptions

No. 7147 s. 23.

33 Consents required to adoptions

(1) Subject to this Division, the Court shall not make an order for the adoption of a child unless the Court is satisfied—

(a) that—

(i) consent (not being a consent that has been revoked) to the adoption has been given in accordance with this Division by the appropriate person or persons ascertained in accordance with this section; and

(ii) the requirements of section 35 were complied with; or

(b) that there is not an appropriate person within the meaning of this section to give consent to the adoption.

(2) In the case of a child whose parents were married to each other at the time of its birth or at or after the time of its conception but before its birth and who has not previously been adopted, the appropriate persons are every person who is the mother or the father of the child.

(3) In the case of a child whose parents were not so married to each other and who has not previously been adopted, the appropriate persons are every person who is the mother of the child or a man—

(a) whose name is entered in the entry relating to the child in a register of births (whether in Victoria or in a place outside Victoria) as the father of the child;

S. 33(3)(b) amended by No. 10244 s. 10.

(b) who is declared to be the father of the child under a declaration of paternity in force under section 10 of the Status of Children Act 1974, being a declaration a copy of which is filed under section 9(3) of that Act in the office of the Registrar;

S. 33(3)(c) amended by No. 10244 s. 10.

(c) against whom an order has been made under section 10 or 12 of the Maintenance Act 1965 in respect of the child, being an order a copy of which is filed in the office of the Registrar under section 9(3) of the Status of Children Act 1974;

S. 33(3)(d) amended by No. 10244 s. 10.

(d) who is named in an instrument filed in the office of the Registrar under section 9(1) of the Status of Children Act 1974 that acknowledges that he is the father of the child; or

S. 33(3)(e) amended by No. 46/1998

(e) who has lodged with the Secretary or with the approved agency by which the arrangements for the adoption are being made evidence that—

(i) an order has been made outside Victoria that, under section 8(5) of the Status of Children Act 1974 is prima facie evidence that he is the father of the child;

(ii) he is, or has at any time, been liable, under an order of the Family Court of Australia for the maintenance of the child; or

(iii) he has at any time, under an order of the Family Court of Australia, been granted access to or custody or guardianship of the child.

(4) Where there is evidence that a man is not the father of a child, that man is not, by reason only of paragraph (e) of subsection (3), an appropriate person for the purposes of that subsection in the case of that child.

(5) In the case of a child who has previously been adopted, the appropriate persons are every person who is an adoptive parent of the child.

(6) In the case of a child who is a non-citizen child, the appropriate person is the person who, under the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being, is the guardian of the child or, where that guardian has under that Act, delegated his powers and functions as guardian to another person, that other person.

(7) This section does not apply in the case of a child who has attained the age of eighteen years before the making of the adoption order.

34 Manner of giving consent

(1) Subject to this Division, a consent by a person (other than a person to whom section 33(6) applies) is given in accordance with this Division where—

(a) the person has signed the prescribed form of consent in the presence of—

(i) a person referred to in subsection (2); and

S. 34(1)(a)(ii) amended by No. 46/1998

(ii) a person approved for the purpose by the Secretary or the principal officer of an approved agency; and

(b) the persons in whose presence the form of consent was signed have signed the prescribed statements.

(2) For the purposes of paragraph (a) of subsection (1) and of section 35(2), each of the following is a person referred to in this subsection—

(a) a person who is a prescribed official of a court;

(b) a person declared by Order of the Governor in Council published in the Government Gazette to be an authorized person for the purposes of this section;

(c) in relation to a consent signed in another State or in a Territory—a person who is the principal administrative officer of a court in that State or Territory or a deputy of such an officer.

(3) Where a consent by a person is given in a country outside Australia, the consent is given in accordance with this Division where—

(a) the person has signed the prescribed form of consent in the presence of two persons each of whom is—

(i) an Australian diplomatic officer within the meaning of the Consular Fees Act 1955 of the Commonwealth as amended and in force at the time being;

S. 34(3)(a)(ia) inserted by No. 6/2018 s. 68(Sch. 2 item 2).

(ia) an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth;

S. 34(3)(a)(ib) inserted by No. 6/2018 s. 68(Sch. 2 item 2).

(ib) an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;

(ii) a judge of a court in that country; or

(iii) a magistrate in that country;

(b) not less than seven days or, where a shorter period is approved under subsection (4), before the commencement of that shorter period, before the consent is given, one of those persons gave the first-mentioned person information about the effect of an adoption order under this Act and about the alternatives to adoption available in Victoria; and

(c) the two persons in whose presence the form of consent was signed have signed the prescribed statements.

(4) Where a person referred to in paragraph (a) of subsection (3) is satisfied that there are special circumstances why less than seven days notice should be given under paragraph (b) of that subsection, that person shall approve a time less than seven days but not less than 24 hours as the period for the purposes of that paragraph.

(5) The Governor in Council may, by Order published in the Government Gazette, revoke or vary an Order made under subsection (2).

35 Requirements to be complied with

(1) The following requirements shall be complied with before a consent is given by a person (other than a person to whom section 33(6) applies) for the purposes of this Division—

S. 35(1)(a) amended by No. 46/1998

(a) the person shall receive counselling from a person approved for the purpose by the Secretary or by the principal officer of an approved agency;

(b) not less than seven days or, where a shorter period is approved under subsection (2), before the commencement of that shorter period, before the consent is given, the person by whom that counselling was given shall give the person information in writing in the prescribed form about the effect of an adoption order, the alternatives to adoption and the names and addresses of organizations that provide family support services;

S. 35(1)(c) amended by Nos 67/1987 s. 7(1), 43/1996 s. 65(Sch. item 1.2).

(c) notice in writing shall be given to the person that the person may, at any time make application subject to and in accordance with the Births, Deaths and Marriages Registration Act 1996 for a certified copy of, or extract from, the entry in the Register of Births relating to the child.

(2) Where a person referred to in section 34(2) is satisfied that there are special circumstances why less than seven days notice should be given under paragraph (b) of subsection (1), that person shall approve a time less than seven days but not less than 24 hours as the period for the purposes of that paragraph.

S. 35(3) amended by No. 46/1998

(3) A certificate signed by the Secretary or the principal officer of an approved agency shall be proof in the absence of evidence to the contrary that the requirements referred to in subsection (1) have been complied with.

(4) Where a consent is given in a place outside Victoria, the requirements referred to in subsection (1) do not apply.

36 Consent by guardian under section 33(6)

A consent by a person who is a guardian, or the delegate of a guardian, of a non-citizen child to whom section 33(6) applies is given in accordance with this Division where the person has signed the prescribed form of consent and a declaration that the person believes on reasonable grounds that—

(a) each of the parents of the non-citizen child—

(i) has given consent, in accordance with the law of the place of residence of that parent or of the non-citizen child immediately before the non-citizen child began the journey to Australia, to the adoption of the non-citizen child and has not revoked that consent; or

(ii) is dead or cannot after reasonable inquiry be found; or

(b) circumstances exist by reason of which the consent of a parent could be dispensed with if the consent of the parent were required under this Act.

37 Consent subject to conditions

(1) A consent by a parent to the adoption of a child in which the wish is expressed under section 50 that the child be adopted within the Aboriginal community may be made subject to a condition that that parent, and such relatives of the child as are specified in the consent and members of the Aboriginal community to which the child belongs have a right of access in accordance with the prescribed terms to the child.

S. 37(2) amended by No. 46/1998

(2) Where the Secretary or the principal officer of an approved agency, as the case may be, is unable to find a person or persons suitable to adopt a child to whom a consent given subject to a condition under this section applies, the Secretary or principal officer shall, by notice in writing in the prescribed form, inform the parent by whom the consent was given of the inability and that the parent may, within 28 days after the notice is given, by notice in writing served on the Registrar of the County Court, vary the conditions or may revoke the consent.

S. 37(3) amended by No. 46/1998

(3) After the expiration of the period of 28 days after a notice is given under subsection (2), the Secretary or the principal officer may, unless the condition has been varied or any consent given to the adoption of the child has been revoked, make application to the Court for the revocation or alteration of the conditions to which a consent is subject under this section.

S. 37(4) amended by No. 46/1998

(4) The Court may make such order as it thinks fit on an application under subsection (3) where it is satisfied that the Secretary or the principal officer has taken such steps as are reasonable in the circumstances to satisfy the conditions to which the consent was subject and has received and considered a report from an Aboriginal agency within the meaning of section 50.

38 Revocation of consent on notice of inability to place child

S. 38(1) amended by No. 46/1998

(1) Where a person has given consent for the purposes of this Division and the Secretary or principal officer is of the opinion that it is no longer possible to place the child with a proposed adoptive parent or proposed adoptive parents, the Secretary or principal officer shall give notice in writing to that effect to each person who has given such consent and shall, in the notice, inform the person of the right to revoke the consent within the period of 56 days after the giving of the notice.

S. 38(2) amended by No. 46/1998

(2) Where a person to whom a notice relating to a child is given under subsection (1) does not revoke the consent within the period referred to in that subsection, the consent is revoked upon the Secretary or principal officer ceasing to be the guardian of the child by reason of the operation of section 46(1)(e).

No. 7147 s. 24.

39 Consents to be construed as general consents

(1) Subject to subsection (2) and except as provided in section 37, a consent to the adoption of a child shall, for the purposes of this Act, be construed as a consent to the adoption of the child by any person or persons on whose application an adoption order may be made under this Act in respect of the child and shall be a valid consent notwithstanding that an application in respect of the child has not been made or contemplated or, if application has been so made, that the person giving the consent does not know the identity of the applicant or applicants.

S. 39(2) amended by Nos 72/1997
s. 12(a), 68/2015 s. 10.

(2) A consent to the adoption of a child by a relative of the child, or by a spouse or domestic partner of a parent of the child, shall be construed as a consent to the adoption of the child by that relative or spouse or domestic partner only.

No. 7147 s. 25.

40 Consents given under law of another State or a Territory

Where—

(a) a person whose consent to the adoption of a child is required by section 33 has, in accordance with the law of another State or of a Territory, duly signed an instrument of consent to the adoption of the child; and

(b) the consent evidenced by the instrument of consent has not been revoked in accordance with the law of that other State or Territory—

that instrument of consent shall, for the purposes of this Act, be deemed to be an instrument executed in accordance with this Division evidencing a consent, in accordance with section 33(1), to the adoption of the child.

No. 7147 s. 26.

41 Revocation of consents

(1) A consent to the adoption of a child given for the purposes of this Act by a person may be revoked by notice in writing served on the Registrar of the County Court before—

(a) the expiration of 28 days after the date on which the instrument of consent was signed or, where before the expiration of that period, the person has, by instrument in writing in the prescribed form and attested as prescribed, declared that the period be extended by not more than fourteen days, before the expiration of that extended period;

(b) where a notice has been given to that person under section 37(2), the expiration of 28 days after the giving of that notice; or

(c) where a notice has been given to that person under section 38, the expiration of 56 days after the giving of that notice—

and not otherwise.

(2) Service of a notice on the Registrar of the County Court under subsection (1) shall be effected by delivering it personally or by sending it to the Registrar by certified mail at such address as is prescribed.

S. 41(3) amended by No. 46/1998

(3) Upon receiving notice in writing of the revocation of a consent to the adoption of a child, the Registrar of the County Court shall forthwith notify the Secretary or, where the principal officer of an approved agency is the guardian of the child under this Act, that principal officer of the receipt of the notice.

No. 7147 s. 28.

42 Defective consents

(1) The Court shall not make an adoption order in reliance on a consent given or purporting to have been given by a person if it appears to the Court that—

(a) the consent was not given in accordance with this Act;

(b) the consent was obtained by fraud or duress;

(c) the consent was revoked at a time when it had not become irrevocable;

(d) the instrument of consent has been altered in a material particular without authority;

(e) the person giving or purporting to give the consent was not, when the instrument of consent was signed, in a fit condition to give the consent or did not understand the nature of the consent; or

(f) the instrument of consent was signed before the birth of the child.

(2) The Court shall not make an adoption order in reliance on an instrument of consent signed by a parent of the child within the prescribed period after the birth of the child.

(3) In subsection (2), prescribed period means fourteen days or, where the Court has ordered that it is in the best interests of the child that a shorter period be applied, that shorter period.

(4) Notwithstanding subsections (1) and (2), any consent to the adoption of the child validly given before the commencement of this section pursuant to the Adoption of Children Act 1964 shall be valid and effectual for the purposes of this Act.

No. 7147 s. 29.

43 Court may dispense with consents

(1) The Court may dispense with the consent of a person (other than a guardian under section 33(6)) to the adoption of a child where the Court is satisfied—

(a) that the person cannot, after reasonable inquiry, be found;

(b) on evidence given in accordance with subsection (3) that the person is, and is unlikely to cease to be, in such a physical or mental condition as not to be capable of properly considering the question whether the person should give consent;

S. 43(1)(c) amended by No. 20/2022 s. 54(a).

(c) that the person has abandoned the child;

S. 43(1)(d) repealed by No. 20/2022 s. 54(b).

S. 43(1)(e) amended by No. 72/1997
s. 13(c).

(e) that the person has, for a period of not less than one year, failed, without reasonable cause, to discharge the obligations of a parent of the child;

(f) that the person has such a physical or mental disability or is otherwise so impaired that the person would be unable to meet the needs of the child;

(g) that for any reason the child is unlikely to be accepted into, or to accept, a family relationship with the person; or

(h) that there are any other special circumstances by reason of which, in the interests of the welfare of the child, the consent may properly be dispensed with.

S. 43(2) amended by No. 46/1998

(2) For the purposes of paragraph (a) of subsection (1), where, for the purposes of obtaining the consent of a person to the adoption of a child, the Court is satisfied that—

(a) a letter seeking that consent has been sent by certified mail addressed to that person;

S. 43(2)(b) amended by No. 46/1998

(b) a letter seeking that consent has been sent by certified mail addressed to that person at the address of such other person (if any) as the Secretary or principal officer of an approved agency believes may know where the first-mentioned person may be found;

S. 43(2)(c) amended by No. 46/1998

(c) the Secretary or principal officer of an approved agency is satisfied that the address of that person cannot be found on a roll of electors under the Commonwealth Electoral Act 1918 of the Commonwealth as amended and in force for the time being;

(d) notice to the person that consent of the person is sought has been published in a newspaper circulating generally in the area where the last known place of residence of the person is situated; and

(e) enquiries have been made of such persons, bodies, agencies and government departments as might reasonably be expected to have known where that person may be found—

and the Court is satisfied that the Secretary or principal officer has been unable to find that person and that such other enquiries as the Court may determine have been made, the Court shall determine that reasonable inquiry has been made for that person and that the person cannot be found.

S. 43(3) amended by Nos 69/1989 s. 11(1)(b), 23/1994 s. 118(Sch. 1 item 2.1), 97/2005 s. 182(Sch. 4 item 2.1), 13/2010 s. 51(Sch. item 3.1).

(3) For the purposes of paragraph (b) of subsection (1), the evidence required is a certificate signed by not less than two medical practitioners registered under the Health Practitioner Regulation National Law certifying as to the matters referred to in that paragraph.

S. 43(4) amended by No. 46/1998

(4) In order to facilitate the making of arrangements with a view to the adoption of a child, the Court may, on application by or on behalf of the Secretary or the principal officer of an approved agency, make an order under this section dispensing with the consent of a person whose consent is required to the adoption of the child before an application for an adoption order has been made in respect of the child or before proposed adoptive parents have been selected for the child, and any order under this section may have effect for the purposes of any application for an adoption order that may subsequently be made by any person under this Act.

S. 43(5) amended by No. 46/1998

(5) An order under subsection (4) may, on application by or on behalf of the Secretary, the principal officer of an approved agency or the person whose consent was dispensed with, be revoked by the Court at any time before the making of an adoption order in respect of the child.

44 Person who gives consent to be given notice of certain events

S. 44(1) amended by No. 46/1998

(1) Where a person (other than a person to whom section 33(6) applies) has given consent for the purposes of this Division, the Secretary or principal officer shall within seven days after the occurrence of each of the following events, give notice in writing to the person of that event—

(a) the expiration of the period under section 41(1)(a) during which consent may be revoked;

(b) the placement of the child to whom the consent relates with a proposed adoptive parent or adoptive parents;

(c) the termination of such a placement;

S. 44(1)(d) amended by No. 46/1998

(d) the renunciation by the Secretary or principal officer of guardianship of the child;

(e) where the child to whom the consent relates dies before an adoption order is made, the death of the child;

(f) the making of an order for the adoption of the child.

S. 44(2) amended by No. 46/1998

(2) The Secretary or principal officer is not required to give notice under subsection (1) of an event (other than renunciation of guardianship) of which the person has, in writing, whether in the instrument of consent or otherwise, expressed the wish not to be given notice.

Division 4—Care of child

45 Care of child awaiting adoption

S. 45(1) amended by No. 46/1998

(1) Where—

(a) a person whose consent to the adoption of a child is required under this Act proposes to give that consent; or

(b) a person has given consent to the adoption of a child but the consent of another person is required, or has to be dispensed with, before an adoption order can be made—

and a person having the custody or guardianship of the child has authorized the Secretary or the principal officer to exercise any rights of custody in respect of the child, that authority ceases—

(c) subject to subsection (2), on the expiration of six months after the authority is given;

(d) if the person withdraws consent to the adoption;

(e) when all consents required for the adoption have been given or been dispensed with;

(f) upon revocation of the authority by the person who gave it; or

(g) upon the person who gave the authority ceasing to be entitled to custody or guardianship of the child—

whichever first occurs.

S. 45(2) amended by No. 46/1998

(2) The period of six months may from time to time be extended, by the agreement of the person who gave the authority and the Secretary or principal officer for further periods, not exceeding six months, but the total of the periods for which the authority is given or renewed shall not exceed eighteen months from the time when the first authority was given.

S. 45(3) amended by No. 46/1998

(3) Where an authority given under subsection (1) ceases, the Secretary or the principal officer shall—

(a) deliver the child to a person who at that time is entitled to the custody or guardianship of the child; or

S. 45(3)(b) amended by Nos 16/1987 ss 4(3)(Sch. 1 item 1(a)), 12(Sch. 2 item 1(c)), 69/1992 s. 34, 48/2006 s. 42(Sch. item 1.1).

(b) where such a person cannot after reasonable enquiry be found, take such steps as are necessary to make a protection application in respect of the child under the Children, Youth and Families Act 2005.

No. 7147 s. 31.

46 Guardianship of child awaiting adoption

S. 46(1) amended by No. 46/1998

(1) Where each person whose consent to the adoption of a child is required under section 33 has consented to the adoption of the child or the consent has been dispensed with under this Act, the Secretary or, where an approved agency is authorized to make arrangements with a view to the adoption of the child, the principal officer of that agency, shall be the guardian of the child for all purposes (other than the purposes of section 33) to the exclusion of all other persons until—

(a) an adoption order is made in respect of the child;

S. 46(1)(b) amended by No. 46/1998

(b) the Secretary or principal officer renounces guardianship of the child under subsection (4);

S. 46(1)(c) amended by No. 46/1998

(c) the Secretary or principal officer by writing under the hand of the Secretary or principal officer releases the child to the parents or to one of the parents of the child;

(d) in the case of any consent so given, the instrument of consent is lawfully revoked;

S. 46(1)(e) amended by No. 46/1998

(e) where the Secretary or principal officer has given notice under section 38 to each person who has given consent, at the expiration of 140 days after the Secretary or principal officer gave the notice or notices; or

(f) the Court, by order, makes other provision for the guardianship of the child.

(2) Except where a child is on placement with a view to adoption, a release in writing of a child under subsection (1) to the parents or to one of the parents of the child revokes any consent given by the parents or either of them to the adoption of the child.

(3) Subsection (1) does not apply to or in relation to—

S. 46(3)(a) amended by Nos 72/1997
s. 12(b), 68/2015 s. 11.

(a) a child the adoption of whom by a spouse or domestic partner of a parent of the child or by a relative, or by a relative and the spouse or domestic partner of the relative, of the child is being negotiated or arranged; or

S. 46(3)(b) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 1(b)), 69/1989 s. 11(2), 56/1989 s. 286(Sch. 2 item 1.2(a)(b)) (as amended by No. 93/1990 s. 24(h)(i)(ii)), 46/1998
s. 7(Sch. 1), substituted by No. 48/2006 s. 42(Sch. item 1.2), amended by No. 61/2014 s. 161.

(b) a child who is the subject of a care by Secretary order or long-term care order within the meaning of the Children, Youth and Families Act 2005 or who is under the guardianship of a person by reason of provisions of an Act of another State or ofa Territory corresponding to the provisions of the Children, Youth and Families Act 2005 by reason of which a child may be such a ward.

S. 46(4) amended by No. 46/1998

(4) Where the Secretary or a principal officer of an approved agency receives from an officer in another State or a Territory whose powers, functions and duties correspond with those of the Secretary or principal officer under this Act—

S. 46(4)(a) amended by No. 46/1998

(a) a notice that application will be made in that State or Territory under provisions corresponding with this Act for the adoption of a child who is under the guardianship of the Secretary or a principal officer by virtue of the provisions of subsection (1); and

S. 46(4)(b) amended by No. 46/1998

(b) a request that the Secretary or principal officer renounce guardianship of the child—

the Secretary or principal officer may, if the consent has become irrevocable and the Secretary or principal officer thinks it in the best interests of the child so to do, by instrument in writing signed by the Secretary or principal officer renounce guardianship of the child.

S. 46(5) amended by No. 46/1998

(5) Forthwith after signing an instrument of renunciation under subsection (4), the Secretary or principal officer shall send the instrument by certified mail to the officer in the other State or Territory together with the consent to adoption executed in Victoria with respect to the child by virtue of which the Secretary or principal officer is the guardian of the child and shall thereupon cease to be guardian of the child for the purposes of this Act.

S. 46(6) amended by Nos 69/1989 s. 11(1)(c), 46/1998

(6) Where application is to be made under this Act for the adoption of a child who is under the guardianship of some officer or person in another State or in a Territory pursuant to provisions corresponding with the provisions of this Division whose powers, functions and duties correspond with those of the Secretary under this Act or of the principal officer of an approved agency, the Secretary or principal officer may notify such officer or person of the application and request the officer or person in writing to renounce guardianship of the child and to forward to the Secretary or principal officer for use in the proceedings on the application the consent executed in that State or Territory with respect to the child.

S. 46(7) amended by No. 46/1998

(7) Upon receiving from any such officer or person an instrument in writing executed by such officer or person renouncing the guardianship of a child referred to in subsection (6) the Secretary or principal officer shall become and be the guardian of the child in all respects as if the consent to adoption executed in that State or Territory and forwarded with the instrument of renunciation were a consent given in accordance with Division 3 in Victoria on the day the consent purports to have been signed and attested in that State or Territory.

47 Guardianship of non-citizen child

S. 47(1) amended by No. 46/1998

(1) Where—

(a) a non-citizen child is present in Victoria;

S. 47(1)(b) amended by No. 46/1998

(b) the Secretary or an approved agency is authorized to make arrangements with a view to the adoption of the child; and

the Secretary or principal officer may make application to the Court for an order that the Secretary be the guardian of the child.

S. 47(2) amended by No. 46/1998

(2) Where the Court, on an application under subsection (1), makes an order that the Secretary or principal officer be the guardian of a child, the Secretary or principal officer shall be the guardian of the child for all purposes to the exclusion of all other persons as if the Secretary or principal officer had become the guardian of the child by reason of the operation of section 46 and shall cease to be the guardian in the same manner as he would cease to be a guardian of a child under that section.

48 Natural parent's right of access after consent

S. 48(1) amended by No. 46/1998

(1) Notwithstanding that, under section 46, the Secretary or the principal officer of an adoption agency is the guardian of a child, a person who is a parent of the child who has given consent to the adoption of the child may, subject to subsection (2), visit the child during the period during which the consent may be revoked.

S. 48(2) amended by No. 46/1998

(2) The Court, on the application of the Secretary or principal officer may, by order, restrict the occasions on which or times at which a parent may, under this section, visit a child.

Division 5—Court to be satisfied as to certain additional matters

49 Putative father

(1) Where, in relation to the adoption of a child, the mother of the child is the only appropriate person under section 33 to give consent to the adoption, the Court shall not make an order for the adoption of the child unless it is satisfied that—

S. 49(1)(a) amended by No. 46/1998

(a) the Secretary or principal officer of the approved agency making the arrangements for the adoption does not know the name or address of a man who may on reasonable grounds be the father of the child; or

S. 49(1)(b) amended by No. 46/1998

(b) the Secretary or principal officer does know the name or address of such a man and—

(i) has complied with subsection (2); or

S. 49(1)(b)(ii) amended by No. 46/1998

(ii) the Court, on the application of the Secretary or principal officer made within two business days after the mother gave consent, dispenses with the requirement to comply with subsection (2).

S. 49(2) amended by No. 46/1998

(2) Where, under subsection (1), the Secretary or the principal officer of an approved agency is required to comply with this subsection because the Secretary or principal officer knows the name or address of a man whom the Secretary or principal officer believes on reasonable grounds may be the father of a child, the Secretary or principal officer shall, within the period of two business days after the mother of the child gave consent to the adoption of the child send to that man by certified mail notice to the effect that the Secretary or principal officer believes the man may be the father and that, unless the father commences proceedings to obtain a declaration of paternity before the end of the period during which the consent of the mother may be revoked, the consent of the father to the adoption of the child will not be required.

(3) Where a man commences, before the end of the period during which the consent of the mother of the child may be revoked, proceedings to obtain a declaration of paternity of the child under section 10 of the Status of Children Act 1974 any proceedings for the adoption of the child shall be stayed until the proceedings to obtain the declaration are determined or withdrawn and, where a declaration of paternity is made, that man is an appropriate person for the purpose of section 33(1) notwithstanding that consents have been given by all other appropriate persons and the period during which such consents might be revoked has expired.

50 Adoption of Aboriginal child

(1) The provisions of this section are enacted in recognition of the principle of Aboriginal self-management and self-determination and that adoption is absent in customary Aboriginal child care arrangements.

(2) Where—

(a) consent is given to the adoption of a child by a parent—

(i) who is an Aborigine; or

(ii) who is not an Aborigine but, in the instrument of consent, states the belief that the other parent is an Aborigine—

and who, in the instrument of consent, expresses the wish that the child be adopted within the Aboriginal community; or

S. 50(2)(b) amended by No. 46/1998

(b) the Court has dispensed with the consent of the parents and the Secretary or principal officer of an approved agency believes on reasonable grounds that the child has been accepted by an Aboriginal community as an Aborigine and so informs the Court—

the Court shall not make an order for the adoption of the child unless the Court is satisfied as to the matters referred to in section 15 and, where a parent has given consent, is satisfied that the parent has received, or has in writing expressed the wish not to receive, counselling from an Aboriginal agency and—

(c) that the proposed adoptive parents are members, or at least one of the proposed adoptive parents is a member, of the Aboriginal community to which a parent who gave consent belongs;

(d) that a person of a class referred to in paragraph (c) is not reasonably available as an adoptive parent and that the proposed adoptive parents, or at least one of the proposed adoptive parents, is a member of an Aboriginal community; or

S. 50(2)(e) amended by No. 46/1998

(e) that a person of a class referred to in paragraph (c) or (d) is not reasonably available as an adoptive parent and that the proposed adoptive parents are persons approved by or on behalf of the Secretary or the principal officer of an approved agency and by an Aboriginal agency as suitable persons to adopt an Aboriginal child.

(3) In this section, Aboriginal agency means an organization declared by Order of the Governor in Council published in the Government Gazette to be an Aboriginal agency in accordance with subsection (4).

S. 50(4) amended by No. 46/1998

(4) An organization shall not be declared under subsection (3) to be an Aboriginal agency unless the Secretary is satisfied that the organization is managed by Aborigines, that its activities are carried on for the benefit of Aborigines and that it has experience in child and family welfare matters and the declaration includes a statement to that effect.

(5) The Governor in Council may, by Order published in the Government Gazette, revoke or vary an order made under subsection (3).

51 Order for adoption of non-citizen child

(1) The Court shall not make an order for the adoption of a non-citizen child unless the Court is satisfied as to the matters referred to in section 15 and is satisfied—

S. 51(1)(a) amended by No. 46/1998

(a) that the person, or persons, in whose favour the order is made is a person who was, or are persons both of whom were, approved by the Secretary or by an authorized agency as a person, or persons, suitable to adopt a non-citizen child before the child came into or was placed in the care of the person or persons; or

(b) that—

(i) the child has been in the care of the person, or persons, in whose favour the order is made for the preceding twelve months; and

S. 51(1)(b)(ii) amended by No. 46/1998

(ii) during that period, the Secretary or an authorized agency has supervised the welfare and interests of the child.

S. 51(2) amended by No. 46/1998

(2) Where under this section the Secretary supervises the welfare and interests of a child in the care of a person or persons, the Secretary may require payment by that person or those persons of a fee not exceeding the amount prescribed for the purposes of this section.

S. 51(3) amended by No. 46/1998

(3) In this section, authorized agency means an approved agency that is authorized by the Secretary under section 23 to make arrangements with prescribed persons or prescribed organizations in places outside Australia for the adoption in Victoria of non-citizen children.

Part III—Adoption orders under this Act

52 Certificate of adoption

Where the Court makes an order for the adoption of a child, the Court shall issue to the person or persons in whose favour the order is made a certificate stating the date on which the order was made, the name of the adoptive parent or adoptive parents, the name that, under the order, is the name of the child, the place of birth of the child and such other matters as the Court determines.

Division 2—Effect of adoption orders

No. 7147 s. 32.

53 General effect of adoption orders

(1) Subject to this Act and to the provisions of any other Act that expressly distinguishes in any way between adopted children and children other than adopted children, upon the making of an adoption order—

S. 53(1)(a) substituted by No. 72/1997
s. 12(c).

(a) the adopted child shall be treated in law as a child of the adoptive parent or adoptive parents, and the adoptive parent or adoptive parents shall be treated in law as the parent or parents of the child, as if the child had been born—

(i) to the adoptive parent; or

S. 53(1)(a)(ii) amended by No. 68/2015 s. 12.

(ii) to the adoptive parents;

(b) the adopted child shall be treated in law as if the adopted child were not a child of any person who was a parent (whether natural or adoptive) of the child before the making of the adoption order, and any such person shall be treated in law as if the person were not a parent of the child;

(c) the relationship to one another of all persons (including the adopted child and an adoptive parent or former parent of the adopted child) shall be determined on the basis of the foregoing provisions of this subsection so far as they are relevant;

(d) any guardianship of the adopted child ceases to have effect; and

(e) any previous adoption of the child (whether effected under the law of Victoria or otherwise) ceases to have effect.

(2) Notwithstanding subsection (1), for the purposes of any law relating to a sexual offence, being a law for the purposes of which the relationship between persons is relevant, an adoption order, or the discharge of an adoption order, does not cause the cessation of any relationship that would have existed if the adoption order, or the discharging order, as the case may be, had not been made, and any such relationship shall be deemed to exist in addition to any relationship that exists by virtue of the application of that subsection in relation to that adoption order or by virtue of the discharge of that adoption order.

No. 7147 s. 33.

54 Effect of orders as regards dispositions of property etc.

(1) The provisions of section 53(1) have effect in relation to dispositions of property, whether by will or otherwise, and whether made before or after the commencement of the Adoption of Children Act 1964, except that—

(a) those provisions do not affect a disposition of property by a person who, or by persons any of whom, died before the commencement of that Act; and

(b) those provisions do not affect a disposition of property that took effect in possession before the commencement of that Act.

(2) The provisions of section 53(1) do not apply in relation to an agreement or instrument (not being a disposition of property) made or executed before the commencement of the Adoption of Children Act 1964.

(3) Where—

(a) before the commencement of the Adoption of Children Act 1964, a person made, by an instrument other than a will, a disposition of property;

(b) the disposition had not taken effect in possession before the commencement of that Act; and

(c) it did not appear from the instrument that it was the intention of that person to include adopted children as objects of the disposition—

that person may, notwithstanding that the instrument could not, apart from this subsection or a corresponding previous enactment, be revoked or varied, by a like instrument vary the first-mentioned instrument to exclude adopted children (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the instrument.

(4) In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of the Adoption of Children Act 1964 an adoption order made under that Act or this Act shall have effect as if neither that Act nor this Act had been passed.

(5) Nothing in section 53 or in this section affects the operation of any provision in a will or other instrument (whether made or coming into operation before or after the commencement of this Act) that expressly distinguishes a beneficiary or class of beneficiaries from another beneficiary or class.

55 Bequest by will to unascertained adopted person

S. 55(1) amended by No. 55/1987 s. 57(3)(Sch. 5 item 9).

(1) Where, under a will made after the commencement of this section—

S. 55(1)(a) amended by Nos 72/1997
s. 12(d), 68/2015 s. 13(1).

(a) a disposition of property, or of an interest in property, is expressed to be made by the testator to a person who is not named but who is described as a child of the testator or of a spouse, domestic partner, de facto spouse, parent, child, brother or sister of the testator, being a person who was adopted by another person; and

(b) the personal representatives of the testator are unable to ascertain the name and address of the adopted person—

the personal representatives shall give to the State Trust a copy of the will and a statement that they are unable to ascertain the name and address of the adopted person.

S. 55(2) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

(2) Where the State Trust is given a copy of a will under subsection (1), the State Trust shall, by notice in writing given to the Secretary, request the Secretary to make arrangements for ascertaining and giving to the State Trust the name and address of the adopted person.

S. 55(3) amended by No. 46/1998

(3) Where the Secretary receives a request under subsection (2), the Secretary shall cause such reasonable enquiries to be made of records in possession of the Secretary as will show the name and enable the address or, if the adopted person has died, the date of the death, of the adopted person to be ascertained or, if it appears that the information cannot be obtained from enquiries of those records, seek to obtain the information from enquiries of an approved agency or other body or person.

S. 55(4) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

(4) If the Secretary ascertains the name of the adopted person the Secretary shall take such steps as are necessary to ascertain the address or, if the adopted person has died, the date of death, of the adopted person and shall inform the State Trust of that name and address or date.

S. 55(5) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

(5) If the Secretary is unable to ascertain the name of the adopted person the Secretary shall so inform the State Trust.

(6) Where the adopted person cannot be found, the property, or interest in property to which, under the will, the adopted person was entitled, belongs to the Crown as bona vacantia.

S. 55(7) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

(7) After receiving information from the Secretary, the State Trust shall give notice in writing to the personal representatives of the testator stating whether or not the name and address of the adopted person has been ascertained or, if the adopted person has died, the date of death of the adopted person.

S. 55(8) amended by No. 55/1987 s. 57(3)(Sch. 5 item 9).

(8) Where the State Trust—

(a) is, by reason of subsection (9), to be deemed to be a trustee for an adopted person, who is a beneficiary under a will; and

(b) gives to the personal representatives of the testator under that will a statement in writing to the effect that the adopted person has disclaimed the property, or interest in property to which the adopted person was entitled under that will—

that statement is, for the purposes of the administration of the estate by the personal representatives, conclusive evidence that the adopted person has disclaimed the property or interest in the property.

S. 55(9) amended by No. 55/1987 s. 57(3)(Sch. 5 item 9).

(9) Unless the adopted person predeceased the testator or, for any other reason known to the personal representatives, is not entitled to an interest under the will, the State Trust shall be deemed to be a trustee for the adopted person upon the trusts set out in or arising under the will and, if the personal representatives transfer the property or interest in the property to the State Trust as trustee for the adopted person, the personal representatives shall be deemed to have transferred the property or interest to the adopted person.

S. 55(10) inserted by No. 68/2015 s. 13(2).

(10) In this section—

de facto relationship means the relationship of a man and a woman who are living together as husband and wife on a genuine domestic basis, although not married to each other;

de facto spouse means—

(a) in relation to a man who is living with a woman in a de facto relationship, the woman with whom he is living in that de facto relationship;

(b) in relation to a woman who is living with a man in a de facto relationship, the man with whom she is living in that de facto relationship.

No. 7147 s. 34.

56 Names of adopted child

(1) Upon the making of an adoption order—

(a) the surname of the adopted child shall be—

(i) where there is one adoptive parent, the surname of the adoptive parent;

(ii) where there are two adoptive parents who have the same surname, that surname; or

(iii) where there are two adoptive parents who have different surnames, one of those surnames—

where that surname was specified in the application for the adoption order as the proposed surname of the child and is approved by the Court or such other surname as the Court approves in the adoption order; and

(b) the forename or forenames of the adopted child shall be such name or names as the Court, in the adoption order, approves on the application of the adoptive parent or adoptive parents.

(2) The Court shall not approve a name as a surname or forename of a child unless the Court is satisfied that so far as practicable, the wishes and feelings of the child have been ascertained and due consideration given to them, having regard to the age and understanding of the child.

(3) Nothing in this section prevents the changing of any name of an adopted child, after the making of the adoption order, in accordance with any other Act or law.

No. 7147 s. 35.

57 Effect of order on domicile

The domicile of an adopted child shall be determined in accordance with the Domicile Act 1978.

No. 7147 s. 36.

58 Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given

(1) Notwithstanding any other provisions of this Act, trustees or personal representatives may, subject to this section, convey, transfer or distribute real or personal property to or among the persons appearing to be entitled to the property without having ascertained whether or not an adoption has been effected by virtue of which a person is or is not entitled to an interest in the property.

(2) A trustee or personal representative conveying, transferring or distributing real or personal property in the manner referred to in subsection (1) shall not be liable to a person claiming directly or indirectly by virtue of an adoption unless the trustee or personal representative has notice of the claim before the time of the conveyance, transfer or distribution.

(3) Nothing in this section prejudices the right of a person to follow property into the hands of a person, other than a purchaser for value, who has received it.

Division 3—Adoption orders subject to conditions

S. 59(1) re‑numbered as s. 59 by
No. 3/1986 s. 4(d)(i).

59 Certain adoption orders subject to condition

Where the consent of a parent to the adoption of an Aboriginal child was given subject to a condition in accordance with section 37, the adoption order may, subject to and in accordance with consents given to the adoption, be made subject to a condition that a parent or the parents, relatives of the child and members of the Aboriginal community to which the child belongs have such right to have access to the child as is specified in the order.

S. 59(2) re‑numbered as s. 59A by No. 3/1986 s. 4(d)(ii).

59A Adoption order subject to certain conditions

Where the Court is satisfied—

(a) that circumstances exist which make it desirable so to do, whether by reason of the age of the child or otherwise; and

(b) that the parent or parents and the adoptive parent or adoptive parents have, after consent to the adoption was given, agreed that the adoption order should be made subject to certain conditions—

the adoption order may be made subject to either or both of the following conditions—

(c) a condition that a parent or both parents or such other relatives of the child as are specified in the order or both the parent or parents and relatives so specified have such right to have access to the child as is specified in the order;

S. 59A(d) amended by No. 46/1998

(d) a condition that the adoptive parent or adoptive parents of the child provide information about the child to the Secretary or principal officer of an approved agency to be given to the parent or parents at such periods and in accordance with such terms as are specified in the order.

S. 60 amended by No. 3/1986 s. 4(e), substituted by No. 32/2000 s. 16.

60 Variation of orders and conditions

(1) Where the Court is satisfied that it is in the best interests of the welfare of an adopted child that the adoption order for the child should be varied so as to be subject to a condition referred to in section 59 or 59A, the Court shall, on application under this section, vary the adoption order so that it is subject to the condition.

(2) Where the Court is satisfied that it is in the best interests of the welfare of an adopted child that a condition referred to in section 59 or 59A to which the adoption order is subject be varied or revoked, the Court shall, on application under this section, by order vary or revoke the condition.

(3) An application under this section may be made—

(a) by an adoptive parent of the adopted child; or

(b) by a parent who gave consent to the adoption of the child; or

(c) by or on behalf of the adopted child.

(4) An application under this section must be accompanied by a report from an approved counsellor.

(5) An order cannot be made under this section so as to grant a person a right of access, or greater rights of access, to an adopted child unless—

(a) the adoptive parent or, where there are two adoptive parents, both adoptive parents agree; and

(b) the Court is satisfied that, as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child.

(6) In addition to the requirements of this section, an order cannot be made under subsection (1) unless the requirements of section 59 or 59A (as the case requires) for the imposition of the relevant condition are satisfied.

S. 61 amended by No. 3/1986 s. 4(f).

61 Cessation of condition

An adoption order ceases to be subject to a condition referred to in section 59 or 59A—

(a) when the condition is revoked; or

(b) when the adopted child attains the age of eighteen years—

whichever first occurs.

Division 4—Interim orders

No. 7147 s. 37.

62 Making of interim orders

(1) Upon an application to the Court for an order for the adoption of a child, the Court may postpone the determination of the application and make an interim order for the custody of the child in favour of the applicants.

(2) An interim order may be subject to such terms and conditions relating to the maintenance, education and welfare of, and access to, the child as the Court thinks fit.

(3) The Court shall not make an interim order in respect of a child in favour of any person unless the Court could lawfully make an order for the adoption of that child by that person.

(4) While an interim order remains in force in respect of a child, the person in whose favour the order is made is entitled to the care and custody of the child.

No. 7147 s. 38.

63 Duration of interim orders

(1) Subject to this Division, an interim order remains in force for such period, not exceeding one year, as the Court specifies in the order and for such further periods, if any, as the Court may from time to time order.

(2) An interim order shall not be in force for periods exceeding in the aggregate two years.

No. 7147 s. 39.

64 Discharge of interim orders

(1) The Court may, at any time, make an order discharging an interim order made under this Division or an interim order made under any corresponding previous enactment, and may make such order for the care and control of the child as it thinks fit.

(2) An interim order shall cease to have effect upon the making of an order for the adoption of the child, whether made in Victoria or in another State or in a Territory.

Part IV—Recognition of adoptions

No. 7147 s. 40.

S. 65 substituted by No. 32/2000 s. 6.

65 Application of Part

S. 65(1) amended by No. 32/2000 s. 10(1).

(1) In this Part, a reference to a country includes a reference to a part of a country but does not include a reference to a Convention country or a prescribed overseas jurisdiction within the meaning of Part IVB.

(2) Despite subsection (1), sections 67, 68 and 69 continue to apply, in relation to a country that is a Convention country, in respect of adoptions in that country that took place before the commencement of section 6 of the Adoption (Amendment) Act 2000.

S. 65(3) inserted by No. 32/2000 s. 10(2).

(3) Despite subsection (1), sections 67, 68 and 69 continue to apply, in relation to a country that is a prescribed overseas jurisdiction within the meaning of Part IVB, in respect of adoptions in that country that took place before the commencement of section 10 of the Adoption (Amendment) Act 2000.

No. 7147 s. 41.

S. 66 amended by No. 32/2000 s. 7(1)(a)(b) (ILA s. 39B(1)).

66 Recognition of Australasian adoptions

(1) For the purposes of the laws of Victoria, the adoption of a person (whether before or after the commencement of this Act) in another State, or in a Territory, in accordance with the law of that State or Territory has, so long as it has not been rescinded under the law in force in that State or Territory, the same effect as an adoption order made in Victoria, and has no other effect.

S. 66(2) inserted by No. 32/2000 s. 7(2).

(2) This section, as in force immediately before the commencement of section 7 of the Adoption (Amendment) Act 2000, continues to apply in respect of the adoption of a person in New Zealand before that commencement.

No. 7147 s. 42.

67 Recognition of foreign adoptions

(1) For the purposes of the laws of Victoria, the adoption of a person (whether before or after the commencement of this Act) in a country, other than New Zealand, outside the Commonwealth and the Territories, being an adoption to which this section applies, has, so long as it has not been rescinded under the law of that country, the same effect as an adoption order under this Act.

(2) This section applies to an adoption in a country if—

(a) the adoption was effective according to the law of that country;

S. 67(2)(aa) inserted by No. 67/1987 s. 6.

(aa) either—

(i) that country was the usual place of abode of the adoptive parent or parents for a continuous period of at least twelve months immediately before the commencement of the legal proceedings which resulted in the adoption; or

S. 67(2)(aa)(ii) amended by No. 46/1998

(ii) the Secretary or the principal officer of an approved agency has, before the adoption in that other country, agreed to the placement of that child with that proposed adoptive parent or those proposed adoptive parents and the child is placed in accordance with the conditions of approval of the proposed adoptive parent or parents;

(b) in consequence of the adoption, the adoptive parent or adoptive parents had, or would (if the adopted person had been a young child) have had, immediately following the adoption, according to the law of that country, a right superior to that of any natural parent of the adopted person in respect of the custody of the adopted person; and

(c) under the law of that country the adoptive parent or adoptive parents were, by the adoption, placed generally in relation to the adopted person in the position of a parent or parents.

(3) The Governor in Council may by proclamation published in the Government Gazette declare that all or any adoptions under the law of a particular country, other than New Zealand, outside the Commonwealth and the Territories shall be conclusively presumed to comply with the conditions specified in paragraphs (b) and (c) of subsection (2).

(4) The Governor in Council may by the like proclamation revoke or vary any proclamation made under subsection (3).

(5) The production of a document purporting to be the original or a certified copy of an order or record of adoption made by a court or a judicial or public authority in any country, other than New Zealand, outside the Commonwealth and the Territories shall, in the absence of proof to the contrary, be sufficient evidence—

(a) that the adoption was made in that country and is effective according to the law of that country; and

(b) that the adoption has not been rescinded.

(6) Notwithstanding the foregoing provisions of this section, a Court (including a Court dealing with an application under section 69) may refuse to recognize an adoption as being an adoption to which this section applies if it appears to the Court that the procedure followed, or the law applied, in connexion with the adoption involved a denial of natural justice or did not comply with the requirements of substantial justice.

(7) Where, in any proceedings before a Court (including proceedings under section 69), the question arises whether an adoption is one to which this section applies, it shall be presumed, unless the contrary appears from the evidence, that the adoption complies with the requirements of subsection (2) and has not been rescinded.

(8) Except as provided in this section, the adoption of a person (whether before or after the commencement of this Act) in a country, other than New Zealand, outside the Commonwealth and the Territories does not have effect for the purposes of the laws of Victoria.

(9) Nothing in this section affects any right that was acquired by, or became vested in, a person before the commencement of the Adoption of Children Act 1964.

68 Supervision of certain adopted children

S. 68(1) amended by No. 46/1998

(1) Subject to this section, where—

(a) a child is adopted in a country, other than New Zealand, outside the Commonwealth and the Territories, whether or not the adoption is an adoption that has, under this Act, the same effect as an adoption order under this Act;

(b) the adoption in relation to the child has been in force for a period not exceeding twelve months;

(c) neither of the adoptive parents of the child was or, where there is only one adoptive parent, that parent was not, at the time of the making of the order of adoption with respect to the child a national or citizen of the country in which the order was made; and

(d) the child is present in Victoria—

the Secretary may supervise the welfare and interests of the child for a period not exceeding six months commencing on the date of the arrival of the child in Victoria and any person authorized in writing by the Secretary for that purpose has a right of access to the child at all reasonable times during that period.

S. 68(2) amended by No. 46/1998

(2) Where a child whose welfare and interests may be supervised by the Secretary under subsection (1) has, after being adopted but before arriving in Victoria, been resident in any other State or in a Territory or in New Zealand, the period during which the child is subject to the supervision of the Secretary is reduced proportionately to the period of such residence in that other State or Territory or in New Zealand.

S. 68(3) amended by No. 46/1998

(3) Notwithstanding subsection (1), the Secretary may, in the discretion of the Secretary, exempt any child to whom the provisions of that subsection would otherwise apply from the provisions of that subsection.

S. 68(4) amended by No. 46/1998

(4) Where either or both of the adoptive parents of the child or, where there is only one adoptive parent, that parent, was not, before the child was adopted, approved by the Secretary or the principal officer of an approved agency as a person suitable to be an adoptive parent of a child under the law of a country, other than New Zealand, outside the Commonwealth and the Territories, the reference in subsection (1) to a period not exceeding six months shall be read as a reference to a period not exceeding twelve months.

S. 68(5) amended by No. 46/1998

(5) Where the Secretary supervises the welfare and interests of a child under this section, the Secretary may require payment by the adoptive parents or adoptive parent of the child of a fee not exceeding the amount prescribed for the purposes of this section.

No. 7147 s. 43.

69 Declarations of validity of foreign adoptions

(1) A person specified in subsection (2) may apply to the Court for an order declaring that an adoption of a person was effected (whether before or after the commencement of this Act) under the law of a country, other than New Zealand, outside the Commonwealth and the Territories, and that the adoption is one to which section 67 applies, and the Court may hear and determine the application and, if it thinks fit, make an order accordingly.

(2) The persons who may make an application under subsection (1) in relation to an adoption are the adopted child, the adoptive parent or either or both the adoptive parents, or a person tracing a relationship, by virtue of the adoption, through or to the adopted child.

S. 69(3) amended by No. 46/1998

(3) Where an application is made to a Court under this section, the Court shall direct that notice of the application be given to the Secretary and may do any or all of the following—

S. 69(3)(a) amended by Nos 69/1989 s. 11(1)(d), 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 1)), 32/2015 s. 6, 20/2022 s. 55.

(a) direct that notice of the application be given to such other persons as the Court thinks fit;

(b) direct that a person be made a party to the application; or

S. 69(3)(c) amended by No. 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 1)).

(c) permit the Secretary or any other person having an interest in the matter to intervene in, and become a party to, the proceedings.

(4) Where the Court makes an order upon the application—

(a) it may include in the order such particulars in relation to the adoption, the adopted child and the adoptive parent or parents as the Court finds to be established; and

(b) it shall issue to the adoptive parent or adoptive parents a certificate stating the date on which the order was made, the name of the adoptive parent or adoptive parents, the name of the child and such other matters as the Court determines.

(5) For the purposes of the laws of Victoria, an order under this section binds the Crown in right of the State of Victoria, but, except as provided in subsection (6), does not affect—

(a) the rights of another person unless that person was—

(i) a party to the proceedings for the order or a person claiming through such a party; or

(ii) a person to whom notice of the application for the order was given or a person claiming through such a person; or

(b) an earlier judgment, order or decree of a court of competent jurisdiction.

(6) In proceedings in a Court in which an order has been made under this section, being proceedings relating to the rights of a person other than a person referred to in subparagraph (i) or (ii) of paragraph (a) of subsection (5), the production of a copy of the order, certified by the Prothonotary or the Registrar of the Court to be a true copy, shall be evidence that an adoption was effected in accordance with the particulars contained in the order and that the adoption is one to which section 67 applies.

Pt 4A (Heading and ss 69A–69S) inserted by No. 32/2000 s. 4.

Part IVA—Adoptions under the Hague Convention

Division 1—Court orders and recognition of adoptions

S. 69A inserted by No. 32/2000 s. 4.

69A Adoption of child in Victoria who is to live in a Convention country

(1) A person who—

(a) is habitually resident in a Convention country; and

(b) wishes to adopt a child who is habitually resident in Victoria—

may apply to the Court for an order for the adoption of the child.

(2) The Court may make an order for the adoption of a child on an application under subsection (1) if the requirements of section 15 are satisfied and the Court is satisfied that—

(a) the child is in Victoria; and

(b) the child is not prevented from leaving Australia—

(i) under a law of the Commonwealth, a State or a Territory; or

(ii) because of an order of a court of the Commonwealth, a State or a Territory; and

(c) the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and

(d) the Central Authority of the Convention country has agreed to the adoption of the child; and

(e) the State Central Authority has agreed to the adoption of the child.

(3) For the purposes of a proposed adoption order under this section, a report under section 15 may be made only on behalf of the Secretary or the principal officer of an approved agency that is an accredited body.

S. 69B inserted by No. 32/2000 s. 4.

69B Adoption in Victoria of a child from a Convention country

(1) A person who—

(a) is habitually resident in Victoria; and

(b) wishes to adopt a child who is habitually resident in a Convention country—

may apply to the Court for an order for the adoption of the child.

(2) The Court may make an order for the adoption of a child on an application under subsection (1) if the requirements of sections 15 and 51 are satisfied and the Court is satisfied that—

(a) the child is in Victoria; and

(b) the child is not prevented from residing permanently in Australia—

(i) under a law of the Commonwealth, a State or a Territory; or

(ii) because of an order of a court of the Commonwealth, a State or a Territory; and

(c) the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and

(d) the Central Authority of the Convention country has agreed to the adoption of the child; and

(e) the State Central Authority has agreed to the adoption of the child.

(3) For the purposes of a proposed adoption order under this section—

(a) a report under section 15 may be made only on behalf of the Secretary or the principal officer of an approved agency that is an accredited body;

(b) a reference in section 51 to an authorized agency is a reference to an accredited body.

S. 69C inserted by No. 32/2000 s. 4.

69C Issue of adoption compliance certificate

If the Court has made an order for the adoption of a child under section 69A or 69B, the State Central Authority may issue an adoption compliance certificate.

S. 69D inserted by No. 32/2000 s. 4.

69D Recognition of adoption of a child from a Convention country to Australia

(1) Subject to this section, an adoption in a Convention country—

(a) of a child who is habitually resident in a Convention country; and

(b) by a person who is habitually resident in Australia—

is recognised if an adoption compliance certificate issued in that country is in force for the adoption.

(2) An adoption recognised under subsection (1) is effective on and from the day the adoption compliance certificate becomes effective.

(3) Subsection (1) does not apply if—

(a) a declaration is made under section 69I(2)(a); or

(b) a declaration is made under a law of the Commonwealth or of another State or a Territory that corresponds to section 69I(2)(a).

S. 69E inserted by No. 32/2000 s. 4.

69E Recognition of adoption of a child from a Convention country to another Convention country

Subject to section 69I, if—

(a) a child, who is habitually resident in a Convention country, is adopted by a person who is habitually resident in another Convention country; and

(b) an adoption compliance certificate issued in the Convention country in which the adoption is granted is in force for the adoption—

the adoption is recognised with effect on and from the day the certificate becomes effective.

S. 69F inserted by No. 32/2000 s. 4.

69F Effect of recognition of adoption under this Part

(1) Subject to this section, if the adoption of a child is recognised under section 69D or 69E, then, for the purposes of the laws of Victoria, the adoption has the same effect as an adoption order under this Act[4].

(2) If the laws of the Convention country where the adoption was granted do not provide that the adoption of the child terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child's parents, section 53(1)(b) does not apply to the adoption unless—

(a) an order is made under section 69H or under a law of the Commonwealth or of another State or a Territory that corresponds to section 69H; or

(b) a decision is made in a Convention country to convert the adoption in accordance with article 27 of the Convention.

(3) Subsection (2)(b) does not apply if a declaration is made under section 69I(2)(b) or under a law of the Commonwealth or of another State or a Territory that corresponds to section 69I(2)(b).

S. 69G inserted by No. 32/2000 s. 4.

69G Evidential value of adoption compliance certificate

Subject to section 69I, an adoption compliance certificate is evidence, for the laws of Victoria, that the adoption to which the certificate relates—

(a) was agreed to by the Central Authorities of the countries mentioned in the certificate; and

(b) was carried out in accordance with the Hague Convention and the laws of the countries mentioned in the certificate.

S. 69H inserted by No. 32/2000 s. 4.

69H Order terminating legal relationship between child and parents

(1) If—

(a) a child who was or is habitually resident in a Convention country was adopted in a Convention country; and

(b) the adoption was by a person who is habitually resident in Victoria; and

(c) the laws of the Convention country do not provide that the adoption of the child terminates the legal relationship between the child and the persons who were, immediately before the adoption, the child's parents—

any of the parties to the adoption may apply to the Court for an order that the adoption of the child terminates the legal relationship between the child and the persons who were, immediately before the adoption, the child's parents.

(2) The Court may make an order on an application under subsection (1) if satisfied that—

(a) an adoption compliance certificate issued in the Convention country is in force for the adoption; and

(b) the laws of the Convention country do not provide that the adoption of a child terminates the legal relationship between the child and the persons who were, immediately before the adoption, the child's parents; and

(c) the child is allowed—

(i) to enter Australia; and

(ii) to reside permanently in Australia.

S. 69I
inserted by No. 32/2000 s. 4.

69I Refusal to recognise an adoption or an article 27 decision

(1) If the State Central Authority considers that—

(a) an adoption recognised under section 69D or 69E; or

(b) a decision made in accordance with article 27 of the Hague Convention—

is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates, the State Central Authority may apply to the Court for a declaration that the adoption or decision is not recognised.

(2) The Court may make a declaration on an application under subsection (1) if satisfied that—

(a) an adoption recognised under section 69D or 69E; or

(b) a decision made in accordance with article 27 of the Hague Convention—

is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates.

(3) If a court declares that an adoption or decision is not recognised, the adoption or decision has no effect in Victoria.

(4) The State Central Authority must give the Commonwealth Central Authority written notice of each application under subsection (1) and the reasons for making it as soon as practicable after it is made.

(5) The State Central Authority must give the Commonwealth Central Authority written notice of the Court's determination of each application under subsection (1).

S. 69J
inserted by No. 32/2000 s. 4.

69J Report on person who wishes to adopt a child in a Convention country

(1) If a person—

(a) wishes to adopt a child in a Convention country; and

(b) is on the register of approved persons kept under section 13A by the Secretary or the principal officer of an approved agency—

the State Central Authority or an accredited body must prepare a report that complies with article 15 of the Hague Convention.

(2) The State Central Authority must send each report prepared under subsection (1) to the Central Authority of the Convention country.

Division 2—State Central Authority

S. 69K inserted by No. 32/2000 s. 4.

69K State Central Authority

(1) The Secretary is appointed to be the Central Authority for the State of Victoria for the purposes of article 6.2 of the Hague Convention.

(2) The Secretary must advise the Commonwealth Central Authority that the Secretary is the State Central Authority and the address and functions of the State Central Authority.

(3) As soon as practicable after a change to the address or functions of the State Central Authority, the Secretary must advise the Commonwealth Central Authority of the change.

S. 69L inserted by No. 32/2000 s. 4.

69L Functions of State Central Authority

(1) Subject to subsection (2), the State Central Authority, in Victoria—

(a) has all the duties of a Central Authority under the Hague Convention; and

(b) may exercise all of the powers of a Central Authority under the Hague Convention.

(2) The functions of the State Central Authority do not include any functions that are functions of the Commonwealth Central Authority under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth.

S. 69M inserted by No. 32/2000 s. 4.

69M Delegation

The State Central Authority may, by instrument, delegate any power or function of the State Central Authority, other than this power of delegation, to any employee or class of employee in the Department of which the Secretary is department head.

Division 3—Accredited bodies

S. 69N inserted by No. 32/2000 s. 4.

69N Application for accreditation

(1) An approved agency, or an organization that has applied for approval as an approved agency, may apply to the State Central Authority for accreditation as an accredited body for the purposes of the Hague Convention.

(2) An application must—

(a) contain the prescribed information; and

(b) nominate a person to be the principal officer of the accredited body for the purposes of this Act.

S. 69O inserted by No. 32/2000 s. 4.

69O Accreditation

(1) The State Central Authority may accredit a body on an application under section 69N if satisfied that—

(a) the body is an approved agency or will be granted approval as an approved agency; and

(b) the body complies with—

(i) the criteria specified in articles 10 and 11 of the Hague Convention; and

(ii) any other prescribed criteria.

(2) Accreditation under this section is subject to the following conditions—

(a) that the accredited body—

(i) submit to the supervision of the State Central Authority; and

(ii) allow the State Central Authority access, as required by the State Central Authority, to the records of the accredited body; and

(b) that the accredited body report to the State Central Authority at six-monthly intervals, as determined by the State Central Authority, on the performance of its functions as an accredited body; and

(c) that the accredited body and each of its staff members comply with the prescribed code of conduct; and

(d) any other conditions imposed on the accreditation by the State Central Authority.

(3) An accredited body has—

(a) the duties and powers specified in the Hague Convention for an accredited body that are imposed or conferred on it from time to time by the State Central Authority; and

(b) any other duties and powers imposed or conferred on it by this Act or the regulations.

(4) An accreditation under this section has effect for the period, not exceeding 3 years, determined by the State Central Authority, unless sooner revoked under section 69P.

S. 69P inserted by No. 32/2000 s. 4.

69P Revocation or suspension of accreditation

(1) The State Central Authority may suspend for a specified period or revoke the accreditation of an accredited body—

(a) at the request of the accredited body; or

(b) if the body's approval as an approved agency is suspended or revoked under section 24; or

(c) if the body breaches a condition of the accreditation; or

(d) if the body ceases to comply with any of the criteria referred to in section 69O(1)(b).

(2) The State Central Authority suspends or revokes accreditation by giving written notice of the suspension or revocation to the principal officer of the accredited body.

S. 69Q inserted by No. 32/2000 s. 4.

69Q Effect of suspension or revocation of accreditation

(1) If the accreditation of an accredited body is suspended or revoked—

(a) all records and other documents held by it or under its control relating to the arrangement or negotiation of adoptions shall become the property of the State Central Authority or, with the approval of the State Central Authority where the body has entered into an agreement with an accredited body that the accredited body be the successor of the body, of that accredited body;

(b) if the principal officer of the first-mentioned body was, immediately before the suspension or revocation, the guardian of a child under this Act, the State Central Authority or principal officer of the accredited body that is the successor of the first-mentioned body, as the case may be, becomes the guardian of that child upon the suspension or revocation;

(c) the arrangements or negotiations being undertaken by the first-mentioned body immediately before the suspension or revocation shall be continued by the State Central Authority or principal officer of the accredited body that is the successor of the first-mentioned body, as the case may be.

(2) On the expiration of a period of suspension of the accreditation of an accredited body—

(a) the State Central Authority may return to the accredited body any documents and records that, under subsection (1)(a), became the property of the State Central Authority upon the suspension; and

(b) the State Central Authority may authorize the accredited body to continue such arrangements and negotiations being undertaken by the State Central Authority as the State Central Authority thinks fit, being arrangements or negotiations that, but for the suspension, would have been carried on by the accredited body.

S. 69R inserted by No. 32/2000 s. 4.

69R Renewal of accreditation

(1) An accredited body may apply for renewal of its accreditation.

(2) The State Central Authority may renew the accreditation of a body on an application under subsection (1) as if it were an application under section 69N.

S. 69S inserted by No. 32/2000 s. 4.

69S Gazettal and notification to Commonwealth of accreditation matters

(1) The State Central Authority must publish notice in the Government Gazette of each of the following—

(a) an application under section 69N for accreditation;

(b) an accreditation under section 69O;

(c) an application under section 69R(1) for renewal of accreditation;

(d) a renewal of accreditation under section 69R(2);

(e) a suspension or revocation of accreditation under section 69P.

(2) As soon as practicable after accrediting a body under section 69O or renewing the accreditation of a body under section 69R, the State Central Authority must give the Commonwealth Central Authority written notice of—

(a) the name, address, duties and powers of the accredited body; and

(b) the conditions of the accreditation or renewal.

(3) As soon as practicable after a change to the name, address, duties or powers of an accredited body, the State Central Authority must give the Commonwealth Central Authority written notice of the change.

(4) As soon as practicable after a change to the conditions of an accreditation, the State Central Authority must give the Commonwealth Central Authority written notice of the change.

(5) As soon as practicable after the State Central Authority suspends or revokes the accreditation of a body under section 69P, the State Central Authority must give the Commonwealth Central Authority written notice of the suspension or revocation.

Pt 4B (Heading and ss 69T–69Y) inserted by No. 32/2000 s. 9.

Part IVB—Bilateral arrangements for intercountry adoptions

S. 69T inserted by No. 32/2000 s. 9.

69T Definitions

In this Part—

adoption authority means a person, body or office in a prescribed overseas jurisdiction responsible for approving the adoption of children;

adoption certificate, in relation to an adoption, means a document issued by an adoption authority in the prescribed overseas jurisdiction in which the child to whom the document relates was habitually resident before being adopted, stating that—

(a) the adoption took place in accordance with the laws of that jurisdiction; and

(b) the Secretary, or a person or a delegate of a person whose functions in another State or a Territory correspond with those of the Secretary under this Act, agreed that the adoption may proceed;

prescribed overseas jurisdiction means a country, or part of a country, prescribed as an overseas jurisdiction for the purposes of this Part.

S. 69U inserted by No. 32/2000 s. 9.

69U Recognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction

(1) Subject to section 69W, an adoption in a prescribed overseas jurisdiction of a child who is habitually resident in that jurisdiction by a person who is habitually resident in Australia is recognised if—

(a) the adoption is granted in accordance with the laws of that prescribed overseas jurisdiction; and

(b) an adoption certificate is in force in relation to the adoption.

(2) An adoption that is recognised under subsection (1) is effective on and from the date that the adoption takes effect in the prescribed overseas jurisdiction.

S. 69V inserted by No. 32/2000 s. 9.

69V Effect of recognition of adoption under this Part

Subject to section 69W, if the adoption of a child is recognised under section 69U, then, for the purposes of the laws of Victoria, the adoption has the same effect as an adoption order under this Act[5].

S. 69W inserted by No. 32/2000 s. 9.

69W Refusal to recognise an adoption under this Part

(1) If the Secretary considers that an adoption recognised under section 69U is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption relates, the Secretary may apply to the Court for a declaration that the adoption is not recognised.

(2) The Court may make a declaration on an application under subsection (1) if satisfied that the adoption is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption relates.

(3) If a court declares that an adoption is not recognised, the adoption has no effect in Victoria.

S. 69X inserted by No. 32/2000 s. 9.

69X Evidential value of adoption certificate

An adoption certificate is evidence, for the laws of Victoria, that the adoption to which the certificate relates was carried out in accordance with the laws of the prescribed overseas jurisdiction whose adoption authority issued the certificate.

S. 69Y inserted by No. 32/2000 s. 9.

69Y Report on person who wishes to adopt a child in a prescribed overseas jurisdiction

If a person—

(a) wishes to adopt a child in a prescribed overseas jurisdiction; and

(b) is on the register of approved persons kept under section 13A by the Secretary or the principal officer of an approved agency—

the Secretary or principal officer may send an assessment report on the person to the adoption authority of the prescribed overseas jurisdiction.

Part V—Registration of orders

No. 7147 s. 57.

70 Registration of orders

S. 70(1) amended by No. 10244 s. 10.

(1) The prescribed officer of the Court shall cause a memorandum, in accordance with the prescribed form, of each adoption order to be sent to the Registrar who shall register the adoption—

S. 70(1)(a) amended by No. 10244 s. 10.

(a) by endorsing on the memorandum, an official number and placing the memorandum in a Register of Adoptions kept by the Registrar; and

S. 70(1)(b) amended by No. 10244 s. 10.

(b) by making an entry in the Adopted Children Register kept by the Registrar of the prescribed particulars ascertained from the memorandum.

S. 70(2) amended by No. 10244 s. 10.

(2) Where an order for the adoption of a child to whom section 50 applies is made, the prescribed officer of the Court shall cause to be sent to the Registrar a memorandum giving the name of the Aboriginal agency (if any) concerned in the arrangements for the adoption and stating that the provisions of section 114 apply.

S. 70(3) amended by No. 10244 s. 10.

(3) The prescribed officer of the Court shall cause a copy of each order for the discharge of an adoption order to be sent to the Registrar who shall, where the order is for the discharge of an adoption order that has been registered in the Register of Adoptions, register the order—

S. 70(3)(a) amended by No. 10244 s. 10.

(a) by placing it with the adoption order to which it relates in the Register of Adoptions kept by the Registrar; and

S. 70(3)(b) amended by No. 10244 s. 10.

(b) by making a notation of the discharge in the entry in the Adopted Children Register kept by the Registrar and, where the order relates to a person whose birth is registered in Victoria, in the entry in the Register of Births relating to the birth.

No. 7147 s. 58.

71 Sending of memoranda of orders to other States etc.

Where the Court makes an adoption order or an order for the discharge of an adoption order and the Prothonotary or the Registrar of the County Court (as the case requires) has reason to believe that the birth of the child to which the order relates is registered in another State or in a Territory or in any country proclaimed by the Governor in Council for the purposes of section 67(3), the Prothonotary or Registrar shall, as soon as practicable, cause a memorandum, in accordance with the prescribed form, of the adoption order or a copy of the order for the discharge of an adoption order, as the case may be, certified in writing by the Prothonotary or Registrar to be a true memorandum or copy, to be sent to such officer of that State, Territory or country having functions in relation to the registration of births as is prescribed.

No. 7147 s. 59.

S. 72 amended by Nos 10244 s. 10, 32/2000 s. 7(3).

72 Registration of orders received from other States etc.

Where the Registrar receives, in relation to a person whose birth is registered in Victoria, a memorandum or copy of an order for the adoption of the person made (whether or not by a court) under the law in force in another State or in a Territory or made in a country outside the Commonwealth and the Territories and recognized under Part IV or Part IVA or of an order for the discharge of such an order, certified in writing to be a true memorandum or copy by a person authorized so to certify under the law of that State, Territory or country, the Registrar shall—

(a) in the case of an order for adoption, register the adoption—

S. 72(a)(i) amended by No. 10244 s. 10.

(i) by endorsing on the memorandum or copy an official number and placing the memorandum or copy in the Register of Adoptions kept by the Registrar; and

S. 72(a)(ii) amended by No. 10244 s. 10.

(ii) by making an entry in the Adopted Children Register kept by the Registrar of the prescribed particulars ascertained from the memorandum or copy; or

(b) in the case of an order for the discharge of an order for adoption that has been registered in the Register of Adoptions, register the order—

S. 72(b)(i) amended by No. 10244 s. 10.

(i) by placing it with the order for adoption to which it relates in the Register of Adoptions kept by the Registrar; and

S. 72(b)(ii) amended by No. 10244 s. 10.

(ii) by making a notation of the discharge in the entry in the Adopted Children Register kept by the Registrar to which it relates and in the entry in the Register of Births relating to the birth of the person.

S. 73 amended by No. 10244 s. 10.

73 Registration of certain foreign orders

Where the Registrar receives, in relation to a person whose birth is registered in Victoria, an order of the Court making a declaration under section 69 with respect to a foreign adoption and a memorandum or copy of the order or other instrument by which the adoption is effected, the Registrar shall register the adoption—

S. 73(a) amended by No. 10244 s. 10.

(a) by endorsing on the memorandum or copy an official number and placing the memorandum or copy in the Register of Adoptions kept by the Registrar; and

S. 73(b) amended by No. 10244 s. 10.

(b) by making an entry in the Adopted Children Register kept by the Registrar of the prescribed particulars ascertained from the memorandum or copy.

S. 73A inserted by No. 25/2013 s. 4.

73A Registration of adoption of a child from a Convention country to Australia

(1) If the adoption of a child is recognised under section 69D, subject to subsection (2), the State Central Authority must cause a memorandum, in accordance with the prescribed form, of the adoption and a copy of the adoption compliance certificate to be sent to the Registrar.

(2) If the adoption recognised under section 69D became effective before the commencement of section 4 of the Adoption Amendment Act 2013, the State Central Authority is not required to cause the memorandum and copy of the adoption compliance certificate to be sent under subsection (1) unless requested in writing to do so by—

(a) the adoptive parent or adoptive parents of the child; or

(b) if the child has attained the age of 18 years, the child.

(3) The Registrar must register the adoption by—

(a) endorsing on the memorandum the official number and placing the memorandum in a Register of Adoptions kept by the Registrar; and

(b) making an entry in the Adopted Children Register kept by the Registrar of the prescribed particulars ascertained from the memorandum.

74 Certain entries to be marked "adopted"

S. 74(1) amended by No. 10244 s. 10.

(1) Upon registration under this Division of a memorandum or copy of an order for adoption relating to a person whose birth is registered in Victoria, the Registrar shall mark with the word "adopted" the entry in the Register of Births relating to the birth.

S. 74(2) amended by No. 10244 s. 10.

(2) Upon the registration under this Division of a memorandum or copy of an order for adoption relating to a person who has previously been adopted in Victoria, the Registrar shall mark with the word "adopted" the entry in the Adopted Children Register relating to that person.

S. 74(3) amended by Nos 10244 s. 10, 20/2022 s. 48.

(3) The Registrar shall not, except in accordance with this Act or an order of the Court or for the purposes of the issue of an integrated birth certificate under the Births, Deaths and Marriages Registration Act 1996, open for inspection, or issue an extract from, or copy of, an entry in the Register of Births or in the Adopted Children Register marked with the word "adopted".

S. 74(4) inserted by No. 67/1987 s. 7(2).

(4) On application by a natural parent (within the meaning of section 82), the Registrar may issue to the natural parent an extract from, or copy of, an entry in the Register of Births relating to the child of that parent and which is marked with the word "adopted".

75 Index to be kept by Registrar

S. 75(1) amended by No. 10244 s. 10.

(1) The Registrar shall cause an index to be made to the Register of Adoptions and to the Adopted Children Register in such a manner as to make traceable the connexion between the relevant entries in the Adopted Children Register and the Register of Births relating to a person whose birth is registered in Victoria.

S. 75(2) amended by No. 10244 s. 10.

(2) Except as otherwise provided in this Act, the Registrar shall not open for inspection or search the index referred to in subsection (1).

S. 75(3) amended by No. 10244 s. 10.

(3) Nothing in subsection (2) prevents the Registrar inspecting or searching the index referred to in subsection (1).

76 Register of Adoptions not open for search

S. 76(1) amended by No. 14/2025 s. 6.

(1) Except as provided in subsection (2) or section 79C, the Register of Adoptions shall not be open for inspection or search and a person shall not be furnished with an extract from, or copy of, a memorandum or order or copy of an order kept in that register.

S. 76(1A) inserted by No. 20/2022 s. 49(1).

(1A) Subsection (1) does not apply to an application for, or issue of, an integrated birth certificate under the Births, Deaths and Marriages Registration Act 1996.

S. 76(2) amended by Nos 69/1989 s. 11(1)(e), 43/1996 s. 65(Sch. item 1.3), 46/1998
s. 7(Sch. 1), 20/2022 s. 49(2).

(2) Upon application by the Secretary, the Registrar shall issue an extract from, or certified copy of, an entry in the Register of Adoptions relating to a person adopted under an adoption order made in Victoria.

S. 76(3) amended by Nos 46/1998
s. 7(Sch. 1), 20/2022 s. 49(3).

(3) The Secretary shall not make an application under subsection (2) except in respect of an adopted person from whom or in respect of whom the Secretary has received an application for information under Part VI.

77 Index of births

S. 77(1) amended by No. 10244 s. 10.

(1) The Registrar shall, without making a distinction between entries in the Register of Births and entries in the Adopted Children Register, make in the General Index of Births an entry of the necessary particulars of each entry made in the Adopted Children Register.

S. 77(2) amended by No. 43/1996
s. 65(Sch. item 1.4).

(2) The index referred to in subsection (1) shall be open for search subject to the provisions of the Births, Deaths and Marriages Registration Act 1996.

S. 78 amended by No. 10244 s. 10, substituted by No. 67/1987 s. 8.

78 Application for information about birth of adopted person

S. 78(1) amended by No. 43/1996
s. 65(Sch. item 1.5(a)).

(1) If a person who is—

(a) an adopted person; or

(b) an adoptive parent of an adopted person—

makes application under the Births, Deaths and Marriages Registration Act 1996 to the Registrar for an extract from or copy of an entry in the Register of Births relating to the birth of the adopted person, subsection (2) applies.

S. 78(2) amended by No. 43/1996 s. 65(Sch. item 1.5(b)).

(2) Unless subsection (3) or (4) applies, the Registrar must issue an extract or copy under the Births, Deaths and Marriages Registration Act 1996 which, as far as is practicable, contains all of the items of information which are required to be included in an extract or copy issued to a person who is not an adopted person.

(3) If the Registrar—

(a) does not have available all the information referred to in subsection (2) which is required for the items; or

(b) considers that the information may be available only after a considerable delay—

the Registrar must advise the applicant accordingly.

(4) On being advised under subsection (3), the applicant may agree with the Registrar to the issue of either—

S. 78(4)(a) amended by No. 43/1996 s. 65(Sch. item 1.5(c)).

(a) an extract or copy under the Births, Deaths and Marriages Registration Act 1996, which contains as much as possible of the information referred to in subsection (2); or

S. 78(4)(b) amended by No. 43/1996 s. 65(Sch. item 1.5(d)).

(b) a certificate under the Births, Deaths and Marriages Registration Act 1996.

(5) If the Registrar and the applicant cannot reach agreement under subsection (4) and the applicant wishes to continue with the application, the Registrar must issue whichever of the documents referred to in subsection (4)(a) or (4)(b) the Registrar considers appropriate.

(6) If within six months from the date of the application under subsection (1), the Registrar considers that it is possible for the Registrar to issue to the applicant—

(a) an extract or copy under subsection (4)(a) or a certificate under subsection (4)(b), if such an extract, copy or certificate has not been previously issued to the applicant; or

(b) an extract or copy under subsection (4)(a) or a certificate under subsection (4)(b), if the extract, copy or certificate would contain more information than that previously issued to the applicant under subsection (4)(a) or (4)(b); or

(c) an extract or copy under subsection (2)—

the Registrar must as soon as is practicable advise the applicant about which (if any) of the documents referred to in paragraph (a), (b) or (c) is then available for the applicant and if the applicant requires, must issue the available document to the applicant (without any further fee being payable by the applicant).

(7) If, after six months from the date of the application under subsection (1), the Registrar considers that it is not possible at that time for the Registrar to issue to the applicant any of the documents referred to in subsection (6)(a), (b) or (c), the Registrar must, as soon as is practicable, advise the applicant accordingly.

S. 78(8) amended by No. 43/1996 s. 65(Sch. item 1.5(e)).

(8) The fee for an application under this section must not exceed the relevant fee prescribed under the Births, Deaths and Marriages Registration Act 1996.

S. 79 amended by No. 10244 s. 10, substituted by No. 67/1987 s. 8.

79 Place of birth

(1) If an adopted person or an adoptive parent of an adopted person applies to the Registrar to add the place of birth of the adopted person—

(a) to the face of a certificate referred to in section 78(4)(b); or

(b) to the face of a copy previously issued by the Registrar of an entry from the Adopted Children Register—

which relates to the birth of the adopted person and is in the applicant's possession, subsection (2) applies.

(2) If the information about the place of birth of the adopted person is available to the satisfaction of the Registrar, the Registrar must (without charging any fee) add the place of birth of the adopted person to the face of the certificate or copy of the entry and must certify as to the accuracy of that information.

(3) If an adopted person or an adoptive parent of an adopted person applies to the Registrar to add the place of birth of the adopted person to the face of an extract from the Adopted Children Register which relates to the birth of the adopted person and is in the applicant's possession and the information about the place of birth of the adopted person is available to the satisfaction of the Registrar, the Registrar must re-issue (without charging any fee) the extract in a form which includes the place of birth of the adopted person.

S. 79A inserted by No. 67/1987 s. 8.