NORTHERN TERRITORY OF AUSTRALIA
ADOPTION OF CHILDREN REGULATIONS 1994
As in force at 20 June 2018
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
4 Application ....................................................................................... 1
5 Information to be given to person consenting .................................. 2
6 Consent to adoption ........................................................................ 2
7 Form of recording wishes of relinquishing parent ............................ 3
8 Prescribed forms for order for adoption, order discharging
order for adoption and certificate issued by Minister ....................... 3
9 Register of Adoptions ...................................................................... 3
10 Certificate about adopted child ........................................................ 5
11 Registration of birth of adopted child ............................................... 6
12 Memoranda of orders sent to States and other Territories .............. 8
13 Correction of errors in Register of Adoptions ................................... 8
14 Cancellation of entries in Register of Adoptions .............................. 9
15 Offences relating to registration ....................................................... 9
16 Notice of prohibition ......................................................................... 9
17 Transitional matters for Adoption of Children Amendment
Act 2006 ........................................................................................ 10
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 20 June 2018
ADOPTION OF CHILDREN REGULATIONS 1994
Regulations under the Adoption of Children Act 1994
1 Citation
These Regulations may be cited as the Adoption of Children
Regulations 1994.
2 Commencement
These Regulations shall come into operation on the
commencement of the Adoption of Children Act 1994.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears,
adopted person means a person in respect of whom an order for
adoption has been made (whether made before or after the
commencement of the Act) under a law in force in the Territory.
(2) A reference in these Regulations to a form by number is a
reference to the form so numbered in the Schedule.
(3) If, in these Regulations, the Registrar of Births, Deaths and
Marriages is required to sign the Registrar's name or add the date
in relation to the making of an entry, or a notation in respect of an
entry, in a register and the register is kept by electronic means, it is
sufficient compliance with that requirement if the Registrar of Births,
Deaths and Marriages enters identifying symbols equivalent to the
Registrar's signature and to the date.
4 Application
(1) An application by a person alone or a couple under section 17(1) of
the Act (including the persons referred to in section 19 of the Act as
applying to have their names included on the adoption list) shall be
in accordance with Form 1.
Adoption of Children Regulations 1994 2
(2) The Minister may require that a person who makes an application
for the purposes of adopting a child under section 17(1), in support
of the application:
(a) provides to the Minister:
(i) a medical report in a form approved by the Minister;
(ii) written authorization for the Minister to obtain a criminal
history report in respect of the person from the Police
Force of the Northern Territory of Australia; or
(iii) written authorization for the release of medical
information to the Minister; or
(b) undergoes a medical examination by a medical practitioner
approved by the Minister for that purpose.
5 Information to be given to person consenting
For the purposes of section 30(2) of the Act, the information in
respect of the effect of an order for adoption and the alternatives to
adoption must be in accordance with Form 2.
6 Consent to adoption
(1) A consent to the adoption of a child shall be in accordance with
Form 3.
(2) A person consenting to the adoption of a child shall sign and date
the instrument of consent, or shall acknowledge signing and dating
the instrument of consent, in the presence of 2 witnesses who shall
be:
(a) a commissioner for oaths, a justice of the peace, a lawyer
(other than a lawyer acting for the person consenting to the
adoption) or a public notary; and
(b) an approved person (except that person shall not be the
approved person who counselled the person consenting to the
adoption in accordance with section 30(1) of the Act).
(3) The witnesses referred to in subregulation (2) shall each attest and
subscribe the instrument of consent in the presence of the person
consenting to the adoption, but a form of attestation is not
necessary.
Adoption of Children Regulations 1994 3
7 Form of recording wishes of relinquishing parent
(1) A parent of a child who intends to relinquish a child for adoption
may, in accordance with Form 4, record the parent's wishes in
respect of the following:
(a) the suitability of a person or persons to adopt the child;
(b) arrangements with the adoptive parent or parents in respect of
access to the child or the giving and receiving of information
about the child;
(c) the receipt of notice of the making of an application for an
order for the adoption of the child in order to determine
whether or not the parent wishes to be a party to the adoption
proceedings.
(2) A parent who records the parent's wishes in accordance with
Form 4 may vary, amend or revoke that instrument:
(a) in respect of a matter mentioned in subregulation (1)(a) or (b),
at any time while the child is not allocated to a person or
persons wishing to adopt the child; or
(b) in respect of a matter mentioned in subregulation (1)(c), at any
time before an application for an order for adoption is made to
the Court.
8 Prescribed forms for order for adoption, order discharging
order for adoption and certificate issued by Minister
(1) A memorandum referred to in section 54(1) of the Act for an order
for adoption must be in accordance with Form 5.
(2) A memorandum referred to in section 54(1) of the Act for an order
discharging an order for adoption must be in accordance with
Form 5.
(3) A certificate referred to in section 55(2) of the Act must be in
accordance with Form 6.
9 Register of Adoptions
(1) This regulation applies if any of the following (an adoption
document) for a child is received by the Registrar:
(a) a memorandum or certificate referred to in regulation 8(1), (2)
or (3);
(b) a copy of an order made under section 52 of the Act;
Adoption of Children Regulations 1994 4
(c) a document forwarded to the Registrar under section 54(2) of
the Act;
(d) a memorandum or copy of an order referred to in section 57 of
the Act.
(2) The Registrar must register the adoption document by entering
particulars about the child and parents of the child in the Register of
Adoptions:
(a) on the basis of the particulars (including incomplete
particulars) in the adoption document and any order to which
the document relates; and
(b) as the Registrar considers appropriate in the circumstances.
(3) The following must not be open for public inspection:
(a) the Register of Adoptions;
(b) any of the following received by the Registrar:
(i) an adoption document;
(ii) a copy of an order to which an adoption document
relates.
(4) Subject to regulation 10, the Registrar must not issue a copy of, or
an extract from, an entry in the Register of Adoptions or a
document referred to in subregulation (3)(b), unless:
(a) a court orders the Registrar to do so; or
(b) both of the following apply:
(i) the Minister has, under Part 6 of the Act, provided
information associated with the entry or document;
(ii) the copy or extract contains only information that may be
provided under that Part; or
(c) both of the following apply:
(i) the Registrar is satisfied that the copy or extract is
required for court proceedings;
(ii) the issuing of the copy or extract is approved by the
Minister.
Adoption of Children Regulations 1994 5
(5) The Registrar must ensure the information in the Register of
Adoptions may be searched by reference to a name or other
identifying information.
(6) In this regulation:
Registrar means the Registrar of Births, Deaths and Marriages.
10 Certificate about adopted child
(1) A person may, in respect of an adopted person, make application in
writing to the Registrar of Births, Deaths and Marriages for the
issue of a certificate stating particulars, as they appear from an
entry in the Register of Adoptions, of either of the following:
(a) the date and place of birth of the adopted person;
(b) the name or names of the adoptive parent or adoptive parents,
as the case may be, of the adopted person.
(2) The Registrar of Births, Deaths and Marriages must not accept an
application under subregulation (1) unless it specifies:
(a) sufficient particulars in respect of the entry referred to in that
subregulation which enable the Registrar of Births, Deaths
and Marriages to identify the relevant entry; and
(b) except where the application is made by the person to whom
the entry relates, the reason for which the certificate is
required.
(3) Subject to this regulation, the Registrar of Births, Deaths and
Marriages must, on receipt of an application duly made under
subregulation (1) and the prescribed fee under the Births, Deaths
and Marriages Registration Act 1996:
(a) search for the relevant entry in the Register of Adoptions; and
(b) issue to the person making the application a certificate which
states the name of the person to whom the entry relates, the
date and place of birth of that person and the name or names
of the adoptive parent or adoptive parents of that person.
(4) If an application for the issue of a certificate under this regulation is
made by a person other than the person to whom the relevant entry
in the Register of Adoptions relates, the Registrar of Births, Deaths
and Marriages may refuse to issue the certificate if the Registrar is
of the opinion that the person making the application has not a
proper reason for requiring the issue of the certificate.
Adoption of Children Regulations 1994 6
11 Registration of birth of adopted child
(1) This regulation applies only to a child:
(a) who was born in the Territory or an overseas country and in
relation to whom:
(i) an order for the adoption of the child under Part 3 of the
Act has been made; or
(ii) an order for the discharge of an order referred in
subparagraph (i) has been made; or
(b) who was born in an overseas country and in relation to whom
all of the following conditions are satisfied:
(i) under Part 4 of the Act, the adoption of the child is taken
to have the same effect as an order for adoption made
under the Act;
(ii) the birth of the child is not registered under a
corresponding law within the meaning of the Births,
Deaths and Marriages Registration Act 1996;
(iii) at least one of the adoptive parents of the child is a
resident of the Territory and has been residing in the
Territory for a continuous period of at least 6 months;
(iv) the child is a resident of the Territory.
(2) If the Registrar registers the adoption of a child and the birth of the
child is not registered in the Register of Births, the Registrar must:
(a) register the birth of the child in the Register of Births; and
(b) include in the entry under paragraph (a) a notation stating the
birth of the child is registered under this subregulation.
(3) If the Registrar registers the adoption of a child and the birth of the
child is registered in the Register of Births, the Registrar must:
(a) re-register the birth of the child in the Register of Births; and
(b) include in the entry under paragraph (a) a notation stating the
entry is made under this subregulation; and
(c) include in the previous entry made for the child in the Register
a notation stating:
(i) the previous entry is no longer current; and
Adoption of Children Regulations 1994 7
(ii) the birth of the child is re-registered under this
subregulation.
(4) If the Registrar registers the discharge of an order for the adoption
of a child and the birth of the child was registered in the Register of
Births before the order for the adoption was made, the Registrar
must:
(a) subject to any contrary direction in the order for the
discharge – revive the entry for the child in the Register that
was current immediately before the order for the adoption was
made; and
(b) include in the entry referred to in paragraph (a) a notation
stating:
(i) the order for the adoption has been discharged; and
(ii) other entries in the Register for the child are no longer
current; and
(c) include in each of the other entries referred to in
subparagraph (b)(ii) a notation stating:
(i) the order for the adoption has been discharged; and
(ii) the entry is no longer current (to the extent to which such
a notation has not been included).
(5) If the Registrar registers the discharge of an order for the adoption
of a child and the birth of the child was not registered in the
Register of Births before the order for the adoption was made, the
Registrar must include in the current entry in the Register for the
child a notation stating:
(a) the order for the adoption has been discharged; and
(b) the entry is no longer current.
(6) The Registrar must register or re-register the birth of a child by
entering particulars about the child and parents of the child in the
Register of Births:
(a) on the basis of the particulars (including incomplete
particulars) in the adoption document referred to
regulation 9(1) and any order to which the adoption document
relates; and
(b) as the Registrar considers appropriate in the circumstances.
Adoption of Children Regulations 1994 8
(7) Subject to regulation 3(3), a notation referred to in
subregulation (2), (3), (4) or (5) must be signed and dated by the
Registrar.
(8) The notation must not be included in a copy of, or extract from, an
entry in the Register of Births issued by the Registrar.
(9) A registration or re-registration under this regulation has effect as if
it were a registration made for section 13 of the Births, Deaths and
Marriages Registration Act.
Note for subregulation (9)
Accordingly, a certificate may be issued by the Registrar in relation to an entry
about the child under the Births, Deaths and Marriages Registration Act 1996.
(10) For this regulation:
(a) a reference to the registration of the adoption of a child is a
reference to the registration under regulation 9 of a document
referred to in regulation 9(1) (other than a document about the
discharge of an order for adoption) for the child; and
(b) a reference to the registration of the discharge of an order for
the adoption of a child is a reference to the registration under
regulation 9 of a document referred to in regulation 9(1) about
the discharge of an order for the adoption of the child.
(11) In this regulation:
Registrar means the Registrar of Births, Deaths and Marriages.
12 Memoranda of orders sent to States and other Territories
A memorandum of an order for the adoption of a child, or an order
discharging such an order, whose birth the registrar has reason to
believe is registered in a State or in another Territory of the
Commonwealth shall be in accordance with Form 5.
13 Correction of errors in Register of Adoptions
(1) If the Registrar of Births, Deaths and Marriages is satisfied that the
Register of Adoptions contains an error or misstatement in, or an
omission from, any particulars entered in it under these
Regulations, the Registrar may correct the Register of Adoptions by
causing the true particulars or the particulars omitted from the
Register of Adoptions, as the case may be, to be entered in the
Register of Adoptions in association with the entry to which those
last-mentioned particulars relate.
Adoption of Children Regulations 1994 9
(2) If the Registrar of Births, Deaths and Marriages makes a correction
in the Register of Adoptions under subregulation (1), the Registrar
must sign the Registrar's name immediately under the correction
and write the date on which the correction was made.
14 Cancellation of entries in Register of Adoptions
(1) If the Registrar of Births, Deaths and Marriages is satisfied that an
entry in the Register of Adoptions is false, the Registrar may cancel
the entry by entering in association with the entry the words
"Cancelled under regulation 14 of the Adoption of Children
Regulations 1994", signing the Registrar's name immediately under
those words and adding the date on which the entry was cancelled.
(2) The Registrar of Births, Deaths and Marriages may not cancel an
entry in the Register of Adoptions if any error or misstatement in, or
omission from, the Register of Adoptions can be corrected under
regulation 13.
15 Offences relating to registration
A person shall not:
(a) destroy, deface or damage the Register of Adoptions; or
(b) obtain the registration or re-registration of the birth of an
adopted child otherwise than in accordance with these
Regulations.
Maximum penalty: 40 penalty units.
16 Notice of prohibition
(1) For the purposes of section 65(2) of the Act, a notice of prohibition
shall be in accordance with Form 7.
(2) A person who lodges a notice of prohibition with the Minister may,
at any time, revoke the notice of prohibition by notice in writing
served on the Minister.
(3) Service of the notice of revocation on the Minister under
subregulation (2) shall be effected by delivering it personally, or by
sending it by certified mail, to the appropriate office within the
Department.
(4) On being served the notice of revocation in accordance with
subregulation (3), the Minister shall, as soon as practicable, cause
a record of the details of the notice of revocation and its receipt to
be made and thereupon the notice of revocation shall take effect.
Adoption of Children Regulations 1994 10
17 Transitional matters for Adoption of Children Amendment
Act 2006
(1) These Regulations as amended by the Adoption of Children
Amendment Act 2006 apply to an adoption made before, on or after
the commencement of that Act.
(2) However, they apply to a child for whom a registration was made in
the Register of Adoptions before the commencement of that Act
with the following modifications:
(a) regulation 11(1)(b)(iii) and (iv) are taken to be omitted;
(b) if the last entry for the registration was made on or after
3 May 1994 – the Registrar is not required to do anything
under regulation 11 for the child unless an application for it is
made to the Registrar;
(c) if the last entry for the registration was made before
3 May 1994 – the Registrar is not required to do anything
under regulation 11 for the child unless:
(i) an application for it is made to the Registrar; and
(ii) the Registrar considers it is appropriate in the
circumstances.
(3) In this regulation:
Registrar means the Registrar of Births, Deaths and Marriages.
Schedule
Adoption of Children Regulations 1994 11
Schedule
FORM 1
regulation 4
NORTHERN TERRITORY OF AUSTRALIA
section 38
Adoption of Children Act 1994
ADOPTION APPLICATION
Please return to
Adoption Unit
Territory Families
PO Box 37037
WINNELLIE NT 0820
Full Names of Applicant(s) (Please PRINT)
...............................................................…………………………………………
Phone Work: .............…… Home: …................
Postal Address: ...............................................…………………………………..
I/we apply to the Minister to be approved as suitable persons to adopt a
child/children.
I/we understand that being approved as suitable to adopt a child does not
ensure that a child will be placed with me/us for adoption.
Applicant's signature: ...........………………............
Applicant's signature: .......................………………
...../...../....
Schedule
Adoption of Children Regulations 1994 12
INFORMATION REQUIRED FROM PERSONS SEEKING APPROVAL AS
SUITABLE TO ADOPT A CHILD/CHILDREN
The information you provide is designed to assist in the assessment of your
suitability to adopt a child. It also includes some of the matters the Court will
consider if you make an application to the Court to adopt a child.
Information about your religion, race or ethnic background is relevant as the
wishes of a birth parent must be taken into account before placing a child with
you.
Information provided must be correct at the time you sign the form, however it
is understood your circumstances may change to some extent.
If any question does not apply to you, please write "NA" in the answer space.
PROPOSED ADOPTIVE PARENTS
Parent 1
Surname .......................................................…..
Given Names .....................................................
If surname has changed since birth, previous surnames (s)
Parent 2
Surname .......................................................…..
Given Names .....................................................
If surname has changed since birth, previous surnames (s)
Date and Place of Birth ...../...../.... ...../...../....
................………………………………….................
Occupation and Employer ............…..……………………………......….............
………………………………………………..…………..............…........…............
If married or in a traditional Aboriginal marriage:
Date and Place of Marriage/traditional Aboriginal marriage
...../...../.... .......................………………………………………………………
If in a de facto relationship:
Date of commencement of relationship ...../...../....
Residential address (if not same as postal address)
.........................................................……………..…………………………………
Family religion .......................…………………………………………………….
Schedule
Adoption of Children Regulations 1994 13
Race or Ethnic origin .......................………………………………………………
………………………………………………………......................………………
Date of citizenship/naturalisation ...../...../....
....../...../....
Children of the above marriage/traditional Aboriginal marriage/de facto
relationship
NAME DOB SEX STATUS
.....................................………………………………………….............................
..............................................................……………………………………………
STATUS
Natural N
Adopted A
Fostered F
Previous Marriages/traditional Aboriginal marriages/de facto relationships
Divorce date and Number
...../...../.... ...../...../....
Death of Spouse – date
...../...../.... ...../...../....
Separation date (de facto relationships only)
...../...../....
...../...../....
Children of previous marriage/traditional Aboriginal marriage, living with
you/de facto relationship
NAME DOB SEX STATUS
....................................……………………………………………..........................
.................................................…………………………………………….............
STATUS
Natural N
Adopted A
Fostered F
Other residents in your home .................................……………………………..
Are you able to have children? ................................…………………………….
Applicant's physical description ..............................…………………………….
Schedule
Adoption of Children Regulations 1994 14
Education History (Schools, approx. dates attended)
.............................................................……………..………………………………
...............................................................……………………………………………
Employment History (occupations, dates) Attach extra pages if necessary
......................................................………………....……………………………….
............................................................………………..…………………………….
Interests/Activities ..........................................……………………………………..
Community Involvement .........................................…………………………….
FINANCIAL SITUATION
Salary (gross weekly) .......................................…………………………….…...
Other Income eg Rent, Maintenance, Interest
..................………………………………….………………...............……………
Bank Accounts and Overdrafts (details and approx. balance)
..................……………………………………...……………………….................
Assets (other properties, vehicles etc and values)
..................…………………………………….........………………………...........
Liabilities Commitments, hire purchase, loans, mortgage, details of monthly
payments and length of debt.)
..................……………………………………...…………………….....................
TOTAL Annual Income .................... ....................
TOTAL Annual Expenses .................... ....................
Details of child you wish to adopt
Please tick one box
Local Overseas
Preferred sex (if any): ......................…………
Age range: .......….. Maximum age: ........….
Schedule
Adoption of Children Regulations 1994 15
Preferred ethnicity: .......................………………………………………………...
Would you consider a child with a minor physical disability?
Yes No
Would you consider a child with an intellectual disability?
Yes No
Would you consider siblings?
Yes No
Have you previously been refused an adoption applicant?
Yes No Yes No
If 'yes', where? ................................................
Do you have a current adoption application with another agency?
Yes No
If "yes", where? ................................................
REFERENCES
Please give details of two referees, excluding relatives.
Schedule
Adoption of Children Regulations 1994 16
I hereby declare that the particulars show herein are true and correct
.......................……………… ………………….........................
Signature Signature
...../...../.... ...../...../....
Note
You may be required to:
(a) provide:
a medical report
written authorisation for Minister to obtain a criminal history
check
written authorisation for the release of medical information to the
Minister
(b) undergo a medical examination by a medical practitioner of the
Minister's choice
Schedule
Adoption of Children Regulations 1994 17
FORM 2
regulation 5
NORTHERN TERRITORY OF AUSTRALIA
section 30(2)
Adoption of Children Act 1994
PRESCRIBED INFORMATION FOR PERSON CONSENTING TO
ADOPTION
THE EFFECT OF AN ORDER FOR ADOPTION
On the making of an order for the adoption of a child:
(a) the child becomes, for all purposes and as regards all relationships (but
subject to Division 7 of Part 3 of the Act and any other law in force in
the Northern Territory that expressly distinguishes between birth
children and adopted children), the child of the adoptive parent or
parents;
(b) existing relationships in respect of the child cease to have effect except
for the purpose of determining relationships relevant to an illegal
marriage or the commission of a sexual offence;
(c) an existing appointment as guardian ceases to have effect;
(d) a previous adoption of the child ceases to have effect;
(e) an order as to parentage or a maintenance order (except as to arrears
owing) ceases to have effect;
(f) rights in respect of property and succession to property are, subject to
express provision otherwise, determined according to the relationship
created by the adoption but property rights acquired before the
adoption are not affected;
(g) the child acquires the domicile of the adoptive parent, but the race,
nationality and citizenship of the child are not affected.
THE ALTERNATIVES TO ADOPTION
The alternatives to relinquishing a child for adoption are:
(a) the temporary placement of the child with relatives or friends until the
parent or parents are able to care for the child. The parent or parents
would remain the guardian(s) of the child and be responsible for the
long term welfare of the child and make the decisions regarding the
child's health, education and religious upbringing. The relatives or
Schedule
Adoption of Children Regulations 1994 18
friends would have responsibility for the daily care and control of the
child including (as agreed) making decisions regarding
accommodation, clothing, feeding, behaviour and urgent or routine
health needs;
(b) a temporary placement arrangement under section 46 of the Care and
Protection of Children Act 2007;
(c) the making of a formal guardianship or custody order under the Family
Law Act in favour of relatives or friends where the parent or parents
consider(s) that will not be able to care for the child for a long period of
time. The parent or parents may apply to have the orders varied when
they wish to assume responsibility for the child.
Schedule
Adoption of Children Regulations 1994 19
FORM 3
regulation 6
NORTHERN TERRITORY OF AUSTRALIA
section 31
Adoption of Children Act 1994
CONSENT OF ADOPTION
I, (1)
of (2)
as (3)
hereby consent to the adoption of (4)
who was born on (5) at (6)
*by any person or persons who the Minister, or the Minister's delegate, is
satisfied is suitable to adopt (4)
*by (7)
(1)
consented to the adoption of (4)
after I provided, as required by section 30 of the Act:
(a) counselling; and
(b) the information in the prescribed form on (10)……….
.......................………. ....................
Signature Date
NOTES
(1) Name of person consenting to the adoption.
(2) Address of person consenting to the adoption.
(3) Specify capacity in which consenting, eg: parent or guardian.
(4) Name of child to be adopted as appears in Birth Register.
(5) Date of birth of child to be adopted.
(6) Place of birth of child.
(7) Full name(s) and address(es) of person(s) to adopt the child where one
is a relative of the child or the spouse of a relative of the child, or where
the Minister as the child's guardian will consent to the adoption.
(8) Name of approved person who counselled person consenting to the
adoption.
(9) Address of the approved person.
(10) Date information given to persons consenting
Schedule
Adoption of Children Regulations 1994 20
FORM 4
regulation 7
NORTHERN TERRITORY OF AUSTRALIA
section
Adoption of Children Act 1994
STATEMENT BY RELINQUISHING PARENT IN RESPECT OF ADOPTION
I have received advice and counselling concerning the adoption of my
child and am aware that I may participate in the selection of the
adoptive parents of my child and be advised when the application for
an order for adoption of my child is to be made and that I may be a
party to the adoption proceedings.
I do/do not wish to participate in the selection of the adoptive parents of
my child.
I do/do not wish to be advised of the making of the application for an
order for adoption and the date and time of the hearing of the
application.
I do/do not wish that my child be placed with, and brought up by, a
family that has the same ethnic and cultural origins as I do.
I do wish that my child be brought up in the religion.
I do/do not wish to have access to my child and/or receive information
about my child after my child has been adopted. I am aware that such
arrangements can only be made and continue in force while complied
with by myself and the adoptive parent(s). I am also aware of the
counselling and mediation facility provided under the Act should a
dispute arise between myself and the adoptive parent(s) in respect of
the arrangements.
I am aware that I may amend vary or revoke this statement before the
allocation of my child to persons wishing to adopt my child concerning
matters relating to the selection of the adoptive parents and otherwise
at anytime.
.......................………………...
Signature Date
Delete where appropriate.
Schedule
Adoption of Children Regulations 1994 21
FORM 5
regulations 8 and 12
NORTHERN TERRITORY OF AUSTRALIA
sections 54(1)
and 56(2)
Adoption of Children Act 1994
MEMORANDUM OF ORDER
No.
In the Local Court of the Northern Territory of Australia at
Order
Date of order
Particulars of child
Full name of child before adoption
Sex of child
Date and time of birth
Place of birth
Whether the child's birth is a multiple birth and if so, the numerical order in
which the child was born
Weight of child at birth
Birth parent 1's full name at date of adoption
Birth parent 1's previous surname(s)
Birth parent 2's full name at date of adoption
Birth parent 2's previous surname(s)
Full name of child after adoption
Particulars of adoptive parents
Adoptive parent 1:
full name
previous surname(s)
occupation
usual place of residence
date of birth
place of birth
age at date of birth of adopted child
if the adoptive parent has had other children – the full name, sex and
date of birth of each of them (including adopted children and
deceased children) and whether the child arose from a current
relationship
Schedule
Adoption of Children Regulations 1994 22
Adoptive parent 2:
full name
previous surname(s)
occupation
usual place of residence
date of birth
place of birth
age at date of birth of adopted child
if the adoptive parent has had other children – the full name, sex and
date of birth of each of them (including adopted children and
deceased children) and whether the child arose from a current
relationship
Other particulars
Whether or not the child or a birth parent or adoptive parent of the child
is of Australian Aboriginal or Torres Strait Islander origin
Whether the adoptive parents of the child are residents of the Territory
and have been residing in the Territory for a continuous period of at
least 6 months
Whether or not the child is a resident of the Territory
Whether the birth of the child has been registered in the Register of
Births of a State or another Territory
If the adoptive parents of the child are married or in a traditional
Aboriginal marriage, place and date of marriage or traditional Aboriginal
marriage
If the adoptive parents of the child are in a de facto relationship, the
date of commencement of the relationship
Full name, sex and date of birth of each of the other children (including
adopted children and deceased children) arising from the relationship
between the adoptive parents of the child
Full name, sex and date of birth of each of the other adopted children
(including deceased children) of the adoptive parent of the child if the
child only has one adoptive parent
Full name, occupation, usual place of residence and relationship (if
any) to the child, of the person furnishing the particulars in this form
Schedule
Adoption of Children Regulations 1994 23
Full name of the doctor, midwife or health worker responsible for the
professional care of the birth parent who gave birth to the child at the
birth, and other persons present at the birth
Dated
REGISTRAR
Schedule
Adoption of Children Regulations 1994 24
FORM 6
regulation 8
NORTHERN TERRITORY OF AUSTRALIA
section 55(2)
Adoption of Children Act 1994
CERTIFICATE OF MINISTER
I, (1), the Minister responsible for the administration of the Adoption of
Children Act 1994, pursuant to section 55(2) of the Act, certify that the
adoption of (2) (in relation to whom particulars are included in the Schedule)
by (4) of (5) on (6) in (7) is an adoption to which section 51 of the Act applies.
Dated
MINISTER
NOTES
(1) Name of Minister
(2) Full name of child the subject of the certificate
(3) Date of birth of child
(4) Full name of adoptive parent(s) of child
(5) Address of adoptive parent(s) of child
(6) Date of adoption
(7) Country of adoption
SCHEDULE
Particulars of child
Full name of child before adoption
Sex of child
Date and time of birth
Place of birth
Whether the child's birth is a multiple birth and if so, the numerical order in
which the child was born
Weight of child at birth
Birth parent 1's full name at date of adoption
Birth parent 1's previous surname(s)
Birth parent 2's full name at date of adoption
Birth parent 2's previous surname(s)
Full name of child after adoption
Schedule
Adoption of Children Regulations 1994 25
Particulars of adoptive parents
Adoptive parent 1:
full name
previous surname(s)
occupation
usual place of residence
date of birth
place of birth
age at date of birth of adopted child
if the adoptive parent has had other children – the full name, sex and
date of birth of each of them (including adopted children and
deceased children) and whether the child arose from a current
relationship
Adoptive parent 2:
full name
previous surname(s)
occupation
usual place of residence
date of birth
place of birth
age at date of birth of adopted child
if the adoptive parent has had other children – the full name, sex and
date of birth of each of them (including adopted children and
deceased children) and whether the child arose from a current
relationship
Other particulars
Whether or not the child or a birth parent or adoptive parent of the child
is of Australian Aboriginal or Torres Strait Islander origin
Whether the adoptive parents of the child are residents of the Territory
and have been residing in the Territory for a continuous period of at
least 6 months
Whether or not the child is a resident of the Territory
Whether the birth of the child has been registered in the Register of
Births of a State or another Territory
If the adoptive parents of the child are married or in a traditional
Aboriginal marriage, place and date of marriage or traditional Aboriginal
marriage
If the adoptive parents of the child are in a de facto relationship, the
date of commencement of the relationship
Schedule
Adoption of Children Regulations 1994 26
Full name, sex and date of birth of each of the other children (including
adopted children and deceased children) arising from the relationship
between the adoptive parents of the child
Full name, sex and date of birth of each of the other adopted children
(including deceased children) of the adoptive parent of the child if the
child only has one adoptive parent
Full name, occupation, usual place of residence and relationship (if
any) to the child, of the person furnishing the particulars in this form
Full name of the doctor, midwife or health worker responsible for the
professional care of the birth parent who gave birth to the child at the
birth, and other persons present at the birth
Schedule
Adoption of Children Regulations 1994 27
FORM 7
regulation 16
NORTHERN TERRITORY OF AUSTRALIA
section 65(2)
Adoption of Children Act 1994
NOTICE OF PROHIBITION
THIS FORM IS TO BE USED BY AN ADOPTED PERSON OR A
RELINQUISHING PARENT WHO WISHES TO DISALLOW THE RELEASE
OF INFORMATION IN RESPECT OF AN ADOPTION WHICH TOOK PLACE
BEFORE 3 MAY 1994 WHICH WOULD IDENTIFY THE PERSON OR
PARENT.
PLEASE PROVIDE AS MUCH INFORMATION AS YOU ARE ABLE TO AS
THIS WILL ASSIST US IN QUICKLY LOCATING YOUR RECORDS.
SECTION A – To be completed by all persons intending to lodge a notice of
prohibition
CURRENT SURNAME
GIVEN NAMES DOB SEX
CURRENT ADDRESS
POSTCODE
TELEPHONE (HOME) (WORK)
ARE YOU (Please Tick Appropriate Box)
an adopted person a relinquishing parent
SECTION B (to be completed by adopted person)
YOUR ADOPTIVE PARENTS NAMES
PARENT 1 PARENT 2
ADOPTIVE PARENTS ADDRESS AT TIME OF ADOPTION (if unknown –
please indicate "unknown")
Schedule
Adoption of Children Regulations 1994 28
SECTION C (to be completed by relinquishing parent)
RELINQUISHING PARENT/S FULL NAME/S AT THE TIME THE CHILD WAS
RELINQUISHED FOR ADOPTION:
PARENT 1.................... PARENT 2....................
(if recorded at time of birth)
ADDRESS AT THAT TIME
IF THE CHILD WAS NAMED AT BIRTH, WHAT WAS THAT NAME
DATE OF BIRTH OF CHILD
PLACE OF BIRTH OF CHILD
SECTION D (to be completed by all persons intending to lodge a notice of
prohibition)
TO THE MINISTER
I wish to lodge a notice of prohibition under section 65(2) of the Adoption of
Children Act 1994 to disallow the provision of information as follows:
I disallow the provision of information in respect of the adoption details of
which I have specified above.
I disallow the provision of information that would identify me, being my name
and last-known address and any other information kept under the Act which
might enable a person to ascertain my identity and/or whereabouts.
I wish this notice of prohibition to remain in force from (1)
to (2)
I understand the following in relation to the notice of prohibition:
– The notice of prohibition will remain in force for the period I have
specified herein;
– I may renew the notice of prohibition for further periods each of which
must not be more than 3 years;
– If, on the expiration of the notice of prohibition, the Minister has not
received notification of the renewal of the notice of prohibition,
information that would identify me may be released;
Schedule
Adoption of Children Regulations 1994 29
– Persons who lodge a notice of prohibition will be advised in writing of
the receipt of the notice of prohibition and of confirmation of the date of
expiration of the notice. No further advice for the renewal of the notice
will be provided;
– I may, at any time, revoke the notice of prohibition by notice in writing
to the Minister in accordance with regulation 16(2) of the Adoption of
Children Regulations 1994.
NAME
SIGNATURE
DATE
NOTES
(1) Specify date the notice of prohibition is to commence. (Note, that date
cannot be earlier than the date you sign the notice).
(2) Specify date the notice of prohibition is to expire (which, in accordance
with section 65(4) of the Act, must not be later than 3 years after the
commencement date of the notice).
ENDNOTES
Adoption of Children Regulations 1994 30
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Adoption of Children Regulations (SL No. 12, 1994)
Notified 3 May 1994
Commenced 3 May 1994
Births, Deaths and Marriages Registration (Consequential Amendments) Act 1996 (Act
No. 27, 1996)
Assent date 19 April 1996
Commenced 1 January 1997 (s 2, s 2 Births, Deaths and Marriages
Registration Act 1996 (Act No. 26, 1996) and Gaz G49,
4 December 1996, p 5)
Adoption of Children Amendment Act 2006 (Act No. 6, 2006)
Assent date 26 April 2006
Commenced 26 April 2006
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date 17 May 2007
Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007
Care and Protection of Children Act 2007 (Act No. 37, 2007)
Assent date 12 December 2007
Commenced Ch 1 and pts 3.3 and 5.1: 7 May 2008 (Gaz G18, 7 May 2008,
p 4); Ch 2 (exc pt 2.1, div 6 and s 127), Ch 3, pts 3.1 and 3.2
(exc s 187) and Ch 5, pts 5.2 to 5.6: 8 December 2008 (Gaz
G47, 26 November 2008, p 6); s 127: nc
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
ENDNOTES
Adoption of Children Regulations 1994 31
Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries
and Resources) Act 2011 (Act No. 28, 2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Adoption of Children Legislation Amendment (Equality) Act 2018 (Act No. 4, 2018)
Assent date 19 April 2018
Commenced 20 April 2018 (s 2)
Statute Law Revision Act 2018 (Act No. 10, 2018)
Assent date 23 May 2018
Commenced 20 June 2018 (Gaz S41, 20 June 2018)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 10, 11 and 14 and sch.
4 LIST OF AMENDMENTS
r 3 amd Act No. 4, 2018, s 11
r 5 amd Act No. 4, 2018, s 11
r 6 amd Act No. 7, 2007, s 16; Act No. 40, 2010, s 202
r 7 amd Act No. 4, 2018, s 11; Act No. 10, 2018, s 6
r 8 amd Act No. 27, 1996, s 6
sub Act No. 6, 2006, s 9
r 9 sub Act No. 6, 2006, s 9
r 10 amd Act No. 27, 1996, s 7(2); Act No. 6, 2006, s 10; Act No. 4, 2018, s 11
r 11 sub Act No. 6, 2006, s 11
r 12 amd Act No. 8, 2016, s 45
rr 13 – 14 amd Act No. 4, 2018, s 11
r 15 amd Act No. 6, 2006, s 12; Act No. 28, 2011, s 3
r 17 ins Act No. 6, 2006, s 13
sch amd Act No. 6, 2006, s 14; Act No. 37, 2007, s 341; Act No. 4, 2018, s 11