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Adoption Act 2009
sec.6Guiding principles
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### sec.6 Guiding principles
This Act is to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of his or her life, are paramount.
Subject to subsection (1) , this Act is to be administered under the following principles—
the purpose of an adoption is to provide for a child’s long-term care, wellbeing and development by creating a permanent parent-child relationship between the child and the adoptive parents;
adoption is an appropriate long-term care option for a child if—
the child’s parents choose adoption for the child’s long-term care; or
the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care;
each of the parties to an adoption or proposed adoption should be given the information the party reasonably needs to participate effectively in processes under this Act;
a child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand;
the process for a child’s adoption should include considering the views of—
the child’s parents; and
the child, if the child is able to form and express views about the adoption, having regard to the child’s age and ability to understand;
an adopted child of a particular ethnic or other cultural background should have—
access to information about the child’s ethnic or cultural heritage; and
opportunities to develop and maintain a connection with the child’s ethnicity or culture; and
opportunities to maintain contact with the child’s community or language group;
a child’s adoptive parents have the primary responsibility for the child’s upbringing, protection and development;
an adopted child should be cared for in a way that—
ensures a safe, stable and nurturing family and home life; and
promotes openness and honesty about the child’s adoption; and
promotes the development of the child’s emotional, mental, physical and social wellbeing;
the same protection, support and resources should be available to an adopted person regardless of whether the adoption was a local adoption, intercountry adoption or adoption by a step-parent;
although a final adoption order changes legal relationships, it may be in an adopted child’s best interests for—
the child’s emotional connections with members of the child’s birth family to continue; or
the child to have ongoing contact with members of the child’s birth family; or
the child or the child’s adoptive parents to exchange information with members of the child’s birth family.
s 6 amd 2016 No. 57 s 67 sch 1
(sec.6-ssec.1) This Act is to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of his or her life, are paramount.
(sec.6-ssec.2) Subject to subsection (1) , this Act is to be administered under the following principles— the purpose of an adoption is to provide for a child’s long-term care, wellbeing and development by creating a permanent parent-child relationship between the child and the adoptive parents; adoption is an appropriate long-term care option for a child if— the child’s parents choose adoption for the child’s long-term care; or the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care; each of the parties to an adoption or proposed adoption should be given the information the party reasonably needs to participate effectively in processes under this Act; a child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand; the process for a child’s adoption should include considering the views of— the child’s parents; and the child, if the child is able to form and express views about the adoption, having regard to the child’s age and ability to understand; an adopted child of a particular ethnic or other cultural background should have— access to information about the child’s ethnic or cultural heritage; and opportunities to develop and maintain a connection with the child’s ethnicity or culture; and opportunities to maintain contact with the child’s community or language group; a child’s adoptive parents have the primary responsibility for the child’s upbringing, protection and development; an adopted child should be cared for in a way that— ensures a safe, stable and nurturing family and home life; and promotes openness and honesty about the child’s adoption; and promotes the development of the child’s emotional, mental, physical and social wellbeing; the same protection, support and resources should be available to an adopted person regardless of whether the adoption was a local adoption, intercountry adoption or adoption by a step-parent; although a final adoption order changes legal relationships, it may be in an adopted child’s best interests for— the child’s emotional connections with members of the child’s birth family to continue; or the child to have ongoing contact with members of the child’s birth family; or the child or the child’s adoptive parents to exchange information with members of the child’s birth family.
- (a) the purpose of an adoption is to provide for a child’s long-term care, wellbeing and development by creating a permanent parent-child relationship between the child and the adoptive parents;
- (b) adoption is an appropriate long-term care option for a child if— (i) the child’s parents choose adoption for the child’s long-term care; or (ii) the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care;
- (i) the child’s parents choose adoption for the child’s long-term care; or
- (ii) the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care;
- (c) each of the parties to an adoption or proposed adoption should be given the information the party reasonably needs to participate effectively in processes under this Act;
- (d) a child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand;
- (e) the process for a child’s adoption should include considering the views of— (i) the child’s parents; and (ii) the child, if the child is able to form and express views about the adoption, having regard to the child’s age and ability to understand;
- (i) the child’s parents; and
- (ii) the child, if the child is able to form and express views about the adoption, having regard to the child’s age and ability to understand;
- (f) an adopted child of a particular ethnic or other cultural background should have— (i) access to information about the child’s ethnic or cultural heritage; and (ii) opportunities to develop and maintain a connection with the child’s ethnicity or culture; and (iii) opportunities to maintain contact with the child’s community or language group;
- (i) access to information about the child’s ethnic or cultural heritage; and
- (ii) opportunities to develop and maintain a connection with the child’s ethnicity or culture; and
- (iii) opportunities to maintain contact with the child’s community or language group;
- (g) a child’s adoptive parents have the primary responsibility for the child’s upbringing, protection and development;
- (h) an adopted child should be cared for in a way that— (i) ensures a safe, stable and nurturing family and home life; and (ii) promotes openness and honesty about the child’s adoption; and (iii) promotes the development of the child’s emotional, mental, physical and social wellbeing;
- (i) ensures a safe, stable and nurturing family and home life; and
- (ii) promotes openness and honesty about the child’s adoption; and
- (iii) promotes the development of the child’s emotional, mental, physical and social wellbeing;
- (i) the same protection, support and resources should be available to an adopted person regardless of whether the adoption was a local adoption, intercountry adoption or adoption by a step-parent;
- (j) although a final adoption order changes legal relationships, it may be in an adopted child’s best interests for— (i) the child’s emotional connections with members of the child’s birth family to continue; or (ii) the child to have ongoing contact with members of the child’s birth family; or (iii) the child or the child’s adoptive parents to exchange information with members of the child’s birth family.
- (i) the child’s emotional connections with members of the child’s birth family to continue; or
- (ii) the child to have ongoing contact with members of the child’s birth family; or
- (iii) the child or the child’s adoptive parents to exchange information with members of the child’s birth family.
- (i) the child’s parents choose adoption for the child’s long-term care; or
- (ii) the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care;
- (i) the child’s parents; and
- (ii) the child, if the child is able to form and express views about the adoption, having regard to the child’s age and ability to understand;
- (i) access to information about the child’s ethnic or cultural heritage; and
- (ii) opportunities to develop and maintain a connection with the child’s ethnicity or culture; and
- (iii) opportunities to maintain contact with the child’s community or language group;
- (i) ensures a safe, stable and nurturing family and home life; and
- (ii) promotes openness and honesty about the child’s adoption; and
- (iii) promotes the development of the child’s emotional, mental, physical and social wellbeing;
- (i) the child’s emotional connections with members of the child’s birth family to continue; or
- (ii) the child to have ongoing contact with members of the child’s birth family; or
- (iii) the child or the child’s adoptive parents to exchange information with members of the child’s birth family.