Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3157

    (1)     An affidavit supporting an application for an adoption order for the adoption of a child or young person must be made by—

        (a)     the applicant; or

        (b)     for a joint application—each applicant jointly.

    (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;

              (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;

        (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 “b title="A1993-20">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 title="A1993-20">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 title="A1993-20">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 title="A1993-20">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 title="A1993-20">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 title="A1993-20">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.