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ADOPTION ACT 1984
TABLE OF PROVISIONS
PART I--PRELIMINARY
1. Short title
2. Commencement
3. Repeals, savings and transitional provisions
4. Definitions
5. Approved counsellors
6. The Court
7. Jurisdiction
8. Rules of private international law not to apply
9. Welfare and interests of child to be paramount
PART II--ADOPTIONS UNDER THIS ACT
Division 1--General
10. Who may be adopted
10A. Application for adoption order
11. Persons in whose favour adoption orders may be made
12. Orders in favour of relatives
13. Approval of persons to adopt children
13A. Register of approved persons
14. Wishes of child
15. Court to be satisfied as to certain matters
16. Notice of application for adoption orders
17. Parties
18. Custody etc. after refusal of an application for an adoption order
19. Discharge of adoption orders
Division 2--Arrangement of adoptions
20. Adoptions may be arranged by Secretary or by approved agency
20A. Determinations by Secretary or approved agency
21. Application for approval of adoption agency
22. Secretary may grant or refuse application
23. Authorized agencies—non-citizen children
24. Revocation or suspension of approval
25. Period of approval of agency
26. Renewal of approval
27. Effect of cessation or suspension of approved agency
28. Effect of revocation or suspension of authority under section 23
29. Ending of suspension of approval or authority
30. Notice of approval to be published in Government Gazette
31. Acts of principal officer deemed acts of approved agency
32. Duties of Secretary and approved agencies
Division 3--Consents to adoptions
33. Consents required to adoptions
34. Manner of giving consent
35. Requirements to be complied with
36. Consent by guardian under section 33(6)
37. Consent subject to conditions
38. Revocation of consent on notice of inability to place child
39. Consents to be construed as general consents
40. Consents given under law of another State or a Territory
41. Revocation of consents
42. Defective consents
43. Court may dispense with consents
44. Person who gives consent to be given notice of certain events
Division 4--Care of child
45. Care of child awaiting adoption
46. Guardianship of child awaiting adoption
47. Guardianship of non-citizen child
48. Natural parent's right of access after consent
Division 5--Court to be satisfied as to certain additional matters
49. Putative father
50. Adoption of Aboriginal child
51. Order for adoption of non-citizen child
PART III--ADOPTION ORDERS UNDER THIS ACT
Division 1--General
52. Certificate of adoption
Division 2--Effect of adoption orders
53. General effect of adoption orders
54. Effect of orders as regards dispositions of property etc.
55. Bequest by will to unascertained adopted person
56. Names of adopted child
57. Effect of order on domicile
58. Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given
Division 3--Adoption orders subject to conditions
59. Certain adoption orders subject to condition
59A. Adoption order subject to certain conditions
60. Variation of orders and conditions
61. Cessation of condition
Division 4--Interim orders
62. Making of interim orders
63. Duration of interim orders
64. Discharge of interim orders
PART IV--RECOGNITION OF ADOPTIONS
65. Application of Part
66. Recognition of Australasian adoptions
67. Recognition of foreign adoptions
68. Supervision of certain adopted children
69. Declarations of validity of foreign adoptions
PART IVA--ADOPTIONS UNDER THE HAGUE CONVENTION
Division 1--Court orders and recognition of adoptions
69A. Adoption of child in Victoria who is to live in a Convention country
69B. Adoption in Victoria of a child from a Convention country
69C. Issue of adoption compliance certificate
69D. Recognition of adoption of a child from a Convention country to Australia
69E. Recognition of adoption of a child from a Convention country to another Convention country
69F. Effect of recognition of adoption under this Part
69G. Evidential value of adoption compliance certificate
69H. Order terminating legal relationship between child and parents
69I. Refusal to recognise an adoption or an article 27 decision
69J. Report on person who wishes to adopt a child in a Convention country
Division 2--State Central Authority
69K. State Central Authority
69L. Functions of State Central Authority
69M. Delegation
Division 3--Accredited bodies
69N. Application for accreditation
69O. Accreditation
69P. Revocation or suspension of accreditation
69Q. Effect of suspension or revocation of accreditation
69R. Renewal of accreditation
69S. Gazettal and notification to Commonwealth of accreditation matters
PART IVB--BILATERAL ARRANGEMENTS FOR INTERCOUNTRY ADOPTIONS
69T. Definitions
69U. Recognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction
69V. Effect of recognition of adoption under this Part
69W. Refusal to recognise an adoption under this Part
69X. Evidential value of adoption certificate
69Y. Report on person who wishes to adopt a child in a prescribed overseas jurisdiction
PART V--REGISTRATION OF ORDERS
70. Registration of orders
71. Sending of memoranda of orders to other States etc.
72. Registration of orders received from other States etc.
73. Registration of certain foreign orders
73A. Registration of adoption of a child from a Convention country to Australia
74. Certain entries to be marked "adopted"
75. Index to be kept by Registrar
76. Register of Adoptions not open for search
77. Index of births
78. Application for information about birth of adopted person
79. Place of birth
79A. Adoption records
79B. Secretary may obtain information from Registrar
80. Discharge of order
81. Correction of errors
PART VI--ACCESS TO INFORMATION
Division 1--General
82. Definitions
83. Restriction on access to reports and records
84. Access to certain documents under the Freedom of Information Act 1982
85. Records of adoptions
86. Secretary may obtain information from a Court
87. Counselling and advice to applicants about information
88. Protection of privacy
89. Disclosure of medical information
90. Secretary to provide information
Division 2--Persons entitled to birth certificates or information
91. Interpretation
92. Access to birth certificates of adopted persons
93. Adopted person's right to information at age eighteen
94. Adopted person's right to information under age eighteen
95. Natural parent's right to information about adopted person under age eighteen
96. Natural parent's right to information about adult adopted person
96A. Person's right to information about parent's adoption
97. Natural relative's right to information
98. Adoptive parent's right to information
99. Application to Court
100. Other person's right to information
100A. Discretionary power of Secretary to use and disclose adoption information
Division 3--Adoption Information Service
101. Definition
102. Adoption Information Service
103. Adoption Information Register
104. Secretary to give assistance
PART VII--MISCELLANEOUS
Division 1--General
105. Financial assistance
106. Separate representation of child
107. Hearings to be in camera
108. Secretary may appear at hearings
109. Costs
110. Judicial notice of signatures
111. Certified copies etc. of adoption orders to be evidence
112. Fees for assessment of applicants for adoption of child outside Australia
113. Waiver of fees
114. Registrar to give notices concerning Aboriginal children
115. Arrangements for adoption of children outside Australia
Division 2--Offences
116. Territorial application of Part
117. Taking away etc. adopted child by natural parent
118. Harbouring child taken from adoptive parents
119. Payments in consideration of adoptions etc.
120. Restrictions on advertising
121. Restriction on publication of identity of parties
122. Penalty for making unauthorized arrangements
123. Agency etc. to comply with request for information
124. False statements
125. Personation
126. Presenting forged consent etc.
127. Improperly witnessing consent to adoption
128. Penalty
129. Authority to prosecute
Division 2A--Application for review
129A. Review by Victorian Civil and Administrative Tribunal
Division 3--Regulations
130. Regulations
Division 4--Transitional provisions
131. Transitional for applications
132. Transitionals—Adoption Amendment Act 2015
133. Transitional—Adoption Amendment (Adoption by Same‑Sex Couples) Act 2015
SCHEDULE 1
ENDNOTES
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