ACTIn ForceRegulation
Court Procedures Rules
3157Adoption order—supporting affidavit for application for
Start here
Get a plain-English read of 3157
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
3157 Adoption order—supporting affidavit for application for
adoption of child or young person
(1) An affidavit supporting an application for an adoption order for the
adoption of a child or young person must be made by—
(2) The affidavit must include a statement of the following:
(a) the following particulars about the applicant:
(i) full name;
(ii) usual place of residence;
Rule 3157
(iii) occupation;
(iv) domicile;
(v) date and place of birth;
(vi) state of health;
(vii) financial circumstances;
(b) for a joint application—
(i) the length of the applicants’ relationship; and
(ii) the stability of the relationship and the applicant’s
commitment to the relationship;
(c) the following information about the applicant’s children (if any),
whether birth children or adopted children:
(i) sex and date of birth;
(ii) the state of health of any living child;
(iii) if any child has died—the date of death;
(d) the likelihood of any children being born to the applicant in the
future;
(e) the relationship (if any) to the applicant of the child or young
person sought to be adopted;
(f) the period (if any) that the child or young person to be adopted
has been living with the applicant;
(g) if the name of the child or young person to be adopted is to be
changed—the full name proposed to be given to the child or
young person;
(h) the amount and nature of any payment or reward in relation to
the proposed adoption that the applicant has made, given or
received, or agreed to make, give or receive;
(i) whether the applicant has ever been refused an adoption order;
Rule 3157
(j) whether an adoption order or interim order in the applicant’s
favour has been discharged;
(k) if the child or young person to be adopted is habitually resident
in the ACT—that fact, together with a statement about the
matters mentioned in the Adoption Act, section 57 (3)
(Adoption in ACT of ACT child or young person by parents
from Convention country);
(l) if the child or young person to be adopted is habitually resident
in a Convention country—that fact, together with a statement
about the matters mentioned in the Adoption Act,
section 57B (2) (Adoption in ACT of child or young person
from Convention country by ACT parents);
(m) if the child or young person to be adopted is habitually resident
in a prescribed overseas jurisdiction—that fact, together with a
statement about the matters mentioned in the Adoption Act,
section 57J (2) (Adoption in ACT of child or young person from
prescribed overseas jurisdiction by ACT parents);
(n) if the child or young person to be adopted is an Aboriginal or
Torres Strait Islander child or young person—that fact, together
with a statement about the matters mentioned in the Adoption
Act, section 39G (2) (Aboriginal or Torres Strait Islander child
or young person);
(o) a statement about the matters mentioned in a provision in the
Adoption Act, division 3.2 (Who can adopt?) relevant to the
application, including that the applicant or applicants are listed
on the register of suitable people;
(p) any conditions under the Adoption Act, section 40 (Adoption
order subject to certain conditions) sought by anyone in relation
to the adoption.
(3) If the affidavit is made by 2 people jointly, a reference in subrule (2)
to the applicant is a reference to each of them.
Rule 3157A