Australian Capital Territory Numbered Acts

ADOPTION ACT 1993 (NO. 20 OF 1993)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Adoption Act 1993.  
   2.      Commencement  
   3.      Repeal  
   4.      Interpretation  
   5.      Position of Crown  
   6.      Welfare and interests of child to be paramount  

   PART II--JURISDICTION PROCEEDINGS

   7.      Jurisdiction is conferred on the Court to hear and determine proceedings on applications for the making of adoption orders and other orders under this Act.  
   8.      Rules of private international law not to apply  

   PART III--ADOPTIONS UNDER THIS ACT

   9.      Subject to this Act, the Court may, on application, make an order for the adoption of a child who—  
   10.     Child over 18  
   11.     Previous adoption immaterial  
   12.     Residence or domicile  
   13.     Married child  
   14.     Frustration of immigration law  
   15.     Register and records of persons who apply to adopt  
   16.     Placement of child pending adoption  
   17.     Review of Director's decision  
   18.     Persons in whose favour adoption orders may be made  
   19.     Criteria for Court's discretion  
   20.     Overseas child  
   21.     Aboriginal child  
   22.     Notice of application for adoption order  
   23.     Parties to proceedings  
   24.     Notification to Director of adoption order  
   25.     Alternative orders on refusal of adoption order  
   26.     Discharge of adoption order  
   27.     Consents of parents and guardians  
   28.     Consent of applicant not required  
   29.     General or limited consents  
   30.     Instrument of consent  
   31.     Revocation of consent  
   32.     Access during revocation period  
   33.     Consents under law of a State or another Territory  
   34.     Defective consents  
   35.     Dispensing with consent  
   36.     Guardianship pending adoption  
   37.     Guardianship pending adoption of overseas child  
   38.     Transfer of guardianship of child pending adoption  
   39.     Review of status of child released for adoption  
   40.     Where the Court is of the opinion—  
   41.     Variation etc. of condition  
   42.     Cessation of condition  
   43.     General effect  
   44.     Disposition of property  
   45.     Names of adopted child  
   46.     Effect of order on domicile  
   47.     Distribution of property by trustee or personal representative  
   48.     Bequest by will to unascertained adopted person  
   49.     Gifts inter vivos  
   50.     (1) On an application to the Court for an adoption order, the Court may postpone the determination of the application and make an interim order in favour of the applicants for the custody of the child.  
   51.     Duration  
   52.     Discharge  

   PART IV--RECOGNITION OF ADOPTIONS INTERPRETATION

   53.     In this Part—“country” means a country other than Australia and includes a part of a country.  
   54.     Australian adoptions  
   55.     Overseas adoptions  
   56.     Support of adopted children  
   57.     Declarations of validity of overseas adoptions  

   PART V--ACCESS TO INFORMATION

   58.     In this Part, unless the contrary intention appears—“adoptive relative” means a person who is a relative within the meaning of this Act as a consequence of an adoption; “associated person”, in relation to an adoption, means—  
   59.     Application of Part  
   60.     Confidentiality of records  
   61.     Records of adoptions  
   62.     Provision of information  
   63.     Right of access  
   64.     Protection of privacy  
   65.     Medical information  
   66.     Right of access  
   67.     Recipient of application  
   68.     Restriction on entitlement to apply  
   69.     Assistance in obtaining approval  
   70.     Objection to contact  
   71.     Contact veto by a person other than an adopted person  
   72.     Counselling services  
   73.     Declaration that contact shall not be attempted  
   74.     Birth details of adopted person born overseas  
   75.     Application to Court in absence of consent  
   76.     Other person's right to information  
   77.     Adoption Information Service  
   78.     Adoption Information Register  
   79.     Contact Veto Register  
   80.     Reunion Information Register  

   PART VI--PRIVATE ADOPTION AGENCIES

   81.     Application for approval  
   82.     Grant or refusal of approval  
   83.     Change in principal officer  
   84.     Effect of action by principal officer  
   85.     Revocation or suspension of approval  
   86.     Effect of cessation of approved agency  
   87.     Requirements for private adoption agencies  

   PART VII--OFFENCES TERRITORIAL APPLICATION OF PART

   88.     This Part does not apply in respect of acts occurring outside the Territory but, except to the extent to which the contrary intention appears, does apply in respect of acts done in the Territory in relation to the adoption of children in, or children adopted in, a State, another Territory or another country.  
   89.     Taking away etc. of adopted child by birth parent  
   90.     Receiving or harbouring child  
   91.     Interfering with upbringing of child  
   92.     Approval of communications  
   93.     Director's report for prosecution  
   94.     Payments in consideration of adoptions etc.  
   95.     Unauthorised arrangements for adoption  
   96.     Unauthorised advertising  
   97.     Restriction on publication of identity of parties  
   98.     False statements  
   99.     Personation of person whose consent to an adoption is required  
   100.    Presenting forged consent  
   101.    Improperly witnessing consent  
   102.    Forged approval documents  

   PART VIII--MISCELLANEOUS DELEGATIONS

   103.    The Director or the Community Advocate may, by instrument in writing, delegate to a public servant all or any of his or her powers or functions under this Act.  
   104.    Registration of orders  
   105.    Memoranda of orders interstate  
   106.    Particulars of interstate orders  
   107.    Legal representation of child  
   108.    Notification to parents  
   109.    Notice of decisions  
   110.    Review by Administrative Appeals Tribunal  
   111.    Authority to prosecute  
   112.    Hearings to be in camera  
   113.    Contents of reports not to be disclosed  
   114.    Restriction on inspection of records  
   115.    Director may appear at hearings  
   116.    Proof of adoptions  
   117.    Judicial notice of signatures  
   118.    Determination of fees  
   119.    Fees payable  
   120.    Transitional provisions  
   121.    Regulations