Northern Territory Consolidated Acts

ADOPTION OF CHILDREN ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Delegation  

   PART 2--JURISDICTION

   5.      Jurisdiction of Local Court  
   6.      Cases in which jurisdiction to be exercised  
   7.      Rules of private international law not to apply  

   PART 3--ADOPTIONS UNDER THIS ACT

           Division 1--General

   8.      Welfare and interests of child to be paramount  
   9.      Responsibilities of Minister  
   10.     Wishes of child  
   11.     Adoption of Aboriginal child  
   12.     Who may be adopted  
   13.     Adoption by couple  
   14.     Adoption by one person  
   15.     Adoption by spouse of parent or relative  
   16.     Age of adoptive parents  

           Division 2--Application and assessment

   17.     Application and assessment  
   17A.    Suitability to adopt child  
   18.     List of persons wishing to adopt citizen-child  
   19.     Persons whose names appear on adoption list of another State  
   20.     Minister to have regard to adoption list for allocation or adoption of citizen-child  
   21.     Arrangements for adoption of non-citizen child  

           Division 3--Review of decision not to approve persons

   22.     Person aggrieved may seek review  
   23.     Appointment of panel  
   24.     Role of panel  
   25.     Minister to review decision  

           Division 4--Consents to adoptions

   26.     No adoption without consent  
   27.     Consents of parents and guardians required  
   28.     Birth parent to be given opportunity to consent  
   29.     Consent for adoption of non-citizen child  
   30.     Person consenting to receive counselling  
   31.     Form of consent  
   32.     Consents given under law of a State or another Territory  
   33.     Revocation of consent  
   34.     Defective consents  
   35.     Court may dispense with certain consents  

           Division 5--Guardianship of child awaiting adoption

   36.     Guardianship of citizen-child awaiting adoption  
   37.     Guardianship of non-citizen child awaiting adoption  

           Division 6--Adoption orders

   38.     Application for adoption order  
   39.     Notice of intention to apply  
   40.     Parties  
   41.     Court to be satisfied as to certain matters  
   42.     Interim orders  
   43.     Care of child after refusal of an application  
   44.     Discharge of adoption orders  

           Division 7--Effect of adoption orders

   45.     General effect of adoption orders  
   46.     Effect of orders as regards dispositions of property, &c.  
   47.     Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given  
   48.     Names of adopted child  

   PART 4--RECOGNITION OF ADOPTIONS

   49.     Recognition of Australian adoptions  
   50.     Recognition of foreign adoptions  
   51.     Minister may approve countries for adoption purposes  
   52.     Declarations of validity of foreign adoptions  
   53.     Supervision of non-citizen child whether or not adoption recognised  

   PART 5--REGISTRATION OF ADOPTIONS

   54.     Registration of orders  
   55.     Registration of overseas birth and adoption order  
   56.     Sending of memoranda or order to States and other Territories  
   57.     Particulars of orders received from other States  

   PART 6--ACCESS TO INFORMATION

   58.     Definition  
   59.     Records of adoption  
   60.     Restriction on access to records, &c.  
   61.     Person may apply for information  
   62.     Minister to provide information  
   63.     Counselling  
   64.     Release of information in relation to adoption under this Act  
   65.     Release of information in relation to adoptions under repealed legislation  
   66.     Advice of death of child  

   PART 7--OFFENCES

   67.     Application of Part  
   68.     Taking away of adopted child by parent or guardian  
   69.     Payments in consideration of adoptions, &c.  
   70.     Restriction on advertising, &c.  
   71.     Restriction on publication of identity of parties  
   72.     Secrecy to be observed  
   73.     Destruction of records  
   74.     Penalty for making unauthorised arrangements  
   75.     False statement in application, &c.  
   76.     Impersonation of person who must consent to adoption  
   77.     Witnessing of consent  
   78.     Authority to prosecute  

   PART 8--MISCELLANEOUS

   79.     Hearings to be in camera  
   80.     Separate representation of child  
   81.     Orders as to costs  
   82.     Proof of adoption  
   83.     Judicial notice of signatures  
   84.     Fees for services  
   85.     Financial and other assistance  
   86.     Mediation  
   87.     Regulations  
   88.      Repeal  

   PART 9--TRANSITIONAL MATTERS FOR ADOPTION OF CHILDREN ACT 1994

   89.     Definitions  
   90.     Savings and transitional  

   PART 10--TRANSITIONAL MATTERS FOR ADOPTION OF CHILDREN AMENDMENT ACT 2006

   91.     Application of amendments  

   PART 11--TRANSITIONAL MATTERS FOR ADOPTION OF CHILDREN LEGISLATION AMENDMENT (EQUALITY) ACT 2018

   92.     Definitions  
   93.     Applications under section 17  
   94.     Offence provisions – before and after commencement  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES