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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Adoption Legislation Amendment (Overseas
Adoption) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to enable New South Wales residents who adopt a child overseas to have
that adoption registered and have a post-adoption birth certificate issued for the adopted child,
provided that the adoption is recognised under NSW law and was arranged by the Department of
Family and Community Services. The foreign countries in which adoptions are recognised are
countries that are party to the Hague Convention on Intercountry Adoption and countries
prescribed under Commonwealth regulations providing for intercountry adoption bilateral
arrangements.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent.
Schedule 1 Amendment of Adoption Act 2000 No 75
Schedule 1 [1] requires the Director-General of the Department of Family and Community
Services to notify the Registrar of Births, Deaths and Marriages of the details of a recognised
foreign country adoption if the adoption was organised by or under the authority of the
Director-General. Proposed amendments to the Births, Deaths and Marriages Registration Act
1995 will result in the Registrar being required to register the adoption in the Births, Deaths and
Marriages Register and issue a post-adoption birth certificate.
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Adoption Legislation Amendment (Overseas Adoption) Bill 2013 [NSW]
Explanatory note
Schedule 1 [2] provides for the making of savings and transitional regulations consequent on the
enactment of any Act that amends the Adoption Act 2000.
Schedule 1 [3] extends the new requirement for the notification of a recognised foreign country
adoption to adoptions completed before the commencement of the proposed Act, but only if a
written request is made by the adoptive parents or the adopted child (if over 18). Notification will
be automatic for recognised foreign country adoptions finalised after the commencement of the
amendments.
Schedule 2 Amendment of Births, Deaths and Marriages
Registration Act 1995 No 62
Schedule 2 [1] and [2] extend the current duty to register adoptions to include recognised foreign
country adoptions organised by or under the authority of the Director-General of the Department
of Family and Community Services.
Schedule 2 [3] corrects a cross-reference.
Schedule 2 [4] makes a consequential amendment.
Schedule 2 [5] requires the Registrar of Births, Deaths and Marriages to issue a single certificate
(an adopted person's birth record) certifying particulars contained in an entry relating to the birth
of a person and particulars relating to an adoption notified under the proposed amendments to the
Adoption Act 2000.
Schedule 3 Amendment of Adoption Regulation 2003
Schedule 3 [1] and [2] make consequential amendments to the Adoption Regulation 2003.
Page 2
First print
New South Wales
Adoption Legislation Amendment (Overseas
Adoption) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Adoption Act 2000 No 75 3
Schedule 2 Amendment of Births, Deaths and Marriages Registration Act
1995 No 62 4
Schedule 3 Amendment of Adoption Regulation 2003 5
b2013-156-20.d10
New South Wales
Adoption Legislation Amendment (Overseas
Adoption) Bill 2013
No , 2013
A Bill for
An Act to amend the Adoption Act 2000, the regulations under that Act and the Births, Deaths and
Marriages Registration Act 1995 in relation to the registration of adoptions granted in foreign
countries.
Adoption Legislation Amendment (Overseas Adoption) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Adoption Legislation Amendment (Overseas Adoption) Act 2013. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Adoption Legislation Amendment (Overseas Adoption) Bill 2013 [NSW]
Schedule 1 Amendment of Adoption Act 2000 No 75
Schedule 1 Amendment of Adoption Act 2000 No 75 1
[1] Section 130A 2
Insert after section 130: 3
130A Functions of Director-General in relation to overseas adoptions 4
(1) The Director-General must give the Registrar a record of an adoption that is 5
recognised under section 108 or 113 if the adoption was organised by or under 6
the authority of the Director-General. 7
(2) The record given to the Registrar must contain the information and particulars 8
prescribed by the regulations and must be accompanied by a copy of the 9
adoption compliance certificate issued for the adoption. 10
(3) The Director-General may require the adoptive parent or adoptive parents of 11
an adopted child, or the adopted child if the child has attained the age of 12
18 years, to provide the Director-General with such information or documents 13
relating to the adoption or the identification of the adopted child as the 14
Director-General may reasonably require. 15
(4) The Director-General is not required to give the Registrar a record of an 16
adoption under this section (and the Registrar is not required to register the 17
adoption under the Births, Deaths and Marriages Registration Act 1995) if the 18
Director-General is not able to ascertain the information and particulars that 19
the record is required to contain. 20
[2] Schedule 3 Savings, transitional and other provisions 21
Omit clause 1 (1). Insert instead: 22
(1) The regulations may contain provisions of a savings or transitional nature 23
consequent on the enactment of this Act or any Act that amends this Act. 24
[3] Schedule 3 25
Insert at the end of the Schedule with appropriate Part and clause numbering: 26
Part Provision consequent on enactment of Adoption 27
Legislation Amendment (Overseas Adoption) Act 28
2013 29
Birth certificates for recognised foreign country adoptions 30
(1) Section 130A extends to an adoption granted before the commencement of 31
that section (so as to require the giving of a record in respect of such an 32
adoption to the Registrar) but only if a written request for the record to be 33
given is made to the Director-General by: 34
(a) the adoptive parent or adoptive parents of the child, or 35
(b) if the child has attained the age of 18 years--the child. 36
(2) The amendments made by the Adoption Legislation Amendment (Overseas 37
Adoption) Act 2013 to the Births, Deaths and Marriages Registration Act 1995 38
extend to an adoption that was granted before the commencement of 39
section 130A of this Act if the Director-General gives a record under that 40
section to the Registrar in respect of the adoption. 41
Page 3
Adoption Legislation Amendment (Overseas Adoption) Bill 2013 [NSW]
Schedule 2 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
Schedule 2 Amendment of Births, Deaths and Marriages 1
Registration Act 1995 No 62 2
[1] Section 23 Duty to register adoptions 3
Insert "or recognised foreign adoption order" after "State adoption order" in section 23 (1). 4
[2] Section 23 (3) 5
Insert in alphabetical order: 6
recognised foreign adoption order means an adoption of a child that is 7
recognised under section 108 or 113 of the Adoption Act 2000 but only if the 8
adoption was organised by or under the authority of the Director-General of 9
the Department of Family and Community Services. 10
[3] Section 23 (3) 11
Omit "order under section 117" from the definition of State adoption order. 12
Insert instead "declaration under section 117". 13
[4] Section 25 Record of adoption or discharge of adoption to be noted in birth 14
registration 15
Omit "section 130 or 132" from section 25 (2). Insert instead "Chapter 7". 16
[5] Section 49 Issue of certificate 17
Omit "section 130 or 132" from section 49 (4). Insert instead "Chapter 7". 18
Page 4
Adoption Legislation Amendment (Overseas Adoption) Bill 2013 [NSW]
Schedule 3 Amendment of Adoption Regulation 2003
Schedule 3 Amendment of Adoption Regulation 2003 1
[1] Clause 43 Prescribed particulars and information 2
Insert "130A (2)," after "130 (a)," wherever occurring in clause 43 (1) and (2). 3
[2] Clause 43 (3) 4
Insert after clause 43 (2): 5
(3) A record under section 130A (2) of the Act must include a statement 6
confirming that the adoption was organised by or under the authority of the 7
Director-General. 8
Page 5
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