ACTIn ForceAct
Adoption Act 1993
5Best interests of child or young person paramount
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5 Best interests of child or young person paramount
consideration
(1) A person making a decision under this Act in relation to a child or
young person must regard the best interests of the child or young
person as the paramount consideration.
(2) In forming a view about the best interests of a child or young person,
a person making a decision under this Act must take into account the
following:
(a) the likely effect of the decision on the life course of the child or
young person taking into account the need to preserve their
cultural inheritance, personal identity and sense of belonging;
(b) the child’s or young person’s age, level of understanding, level
of maturity, gender, personal characteristics and individual
circumstances;
(c) the child’s or young person’s cultural, physical, emotional,
intellectual, and educational needs;
(d) the views expressed by the child or young person in relation to
the decision (including views expressed with adequate and
appropriate support to actively participate, to the best of their
ability, in consultation related to the decision);
Objects and principles Part 1A
(e) taking into account the benefit of maintaining meaningful
relationships, the likely effect of the decision on the child’s or
young person’s relationship with the following people:
(i) the child’s or young person’s birth parents;
(ii) the child’s or young person’s siblings (if any);
(iii) the child’s or young person’s other relatives;
(iv) carers or other significant people in the child’s or young
person’s life;
(f) the relationship the child or young person has with the adoptive
parents;
(g) the suitability and capacity of the adoptive parents to meet the
child’s or young person’s needs;
(h) the alternatives to adoption for the child or young person to
secure permanent family arrangements;
(i) the continuity and sense of belonging that comes from a child or
young person having stable emotional and physical living
conditions;
(j) the need to protect the child or young person from physical or
psychological harm associated with exposure to abuse, neglect
or family violence.