Adoption Act 1984 (Vic)

Version No. 077

Adoption Act 1984

No. 10150 of 1984

Version incorporating amendments as at

9 September 2025

TABLE OF PROVISIONS

Section Page

Part I—Preliminary

1Short title
2Commencement
3Repeals, savings and transitional provisions
4Definitions
5Approved counsellors
6The Court
7Jurisdiction
8Rules of private international law not to apply
9Welfare and interests of child to be paramount

Part II—Adoptions under this Act

Division 1—General

10Who may be adopted
10AApplication for adoption order
11Persons in whose favour adoption orders may be made
12Orders in favour of relatives
13Approval of persons to adopt children
13ARegister of approved persons
14Wishes of child
15Court to be satisfied as to certain matters
16Notice of application for adoption orders
17Parties
18Custody etc. after refusal of an application for an adoption order
19Discharge of adoption orders

Division 2—Arrangement of adoptions

20Adoptions may be arranged by Secretary or by approved agency
20ADeterminations by Secretary or approved agency
21Application for approval of adoption agency
22Secretary may grant or refuse application
23Authorized agencies—non-citizen children
24Revocation or suspension of approval
25Period of approval of agency
26Renewal of approval
27Effect of cessation or suspension of approved agency
28Effect of revocation or suspension of authority under section 23
29Ending of suspension of approval or authority
30Notice of approval to be published in Government Gazette
31Acts of principal officer deemed acts of approved agency
32Duties of Secretary and approved agencies

Division 3—Consents to adoptions

33Consents required to adoptions
34Manner of giving consent
35Requirements to be complied with
36Consent by guardian under section 33(6)
37Consent subject to conditions
38Revocation of consent on notice of inability to place child
39Consents to be construed as general consents
40Consents given under law of another State or a Territory
41Revocation of consents
42Defective consents
43Court may dispense with consents
44Person who gives consent to be given notice of certain events

Division 4—Care of child

45Care of child awaiting adoption
46Guardianship of child awaiting adoption
47Guardianship of non-citizen child
48Natural parent's right of access after consent

Division 5—Court to be satisfied as to certain additional matters

49Putative father
50Adoption of Aboriginal child
51Order for adoption of non-citizen child

Part III—Adoption orders under this Act

Division 1—General

52Certificate of adoption

Division 2—Effect of adoption orders

53General effect of adoption orders
54Effect of orders as regards dispositions of property etc.
55Bequest by will to unascertained adopted person
56Names of adopted child
57Effect of order on domicile
58Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given

Division 3—Adoption orders subject to conditions

59Certain adoption orders subject to condition
59AAdoption order subject to certain conditions
60Variation of orders and conditions
61Cessation of condition

Division 4—Interim orders

62Making of interim orders
63Duration of interim orders
64Discharge of interim orders

Part IV—Recognition of adoptions

65Application of Part
66Recognition of Australasian adoptions
67Recognition of foreign adoptions
68Supervision of certain adopted children
69Declarations of validity of foreign adoptions

Part IVA—Adoptions under the Hague Convention

Division 1—Court orders and recognition of adoptions

69AAdoption of child in Victoria who is to live in a Convention country
69BAdoption in Victoria of a child from a Convention country
69CIssue of adoption compliance certificate
69DRecognition of adoption of a child from a Convention country to Australia
69ERecognition of adoption of a child from a Convention country to another Convention country
69FEffect of recognition of adoption under this Part
69GEvidential value of adoption compliance certificate
69HOrder terminating legal relationship between child and parents
69IRefusal to recognise an adoption or an article 27 decision
69JReport on person who wishes to adopt a child in a Convention country

Division 2—State Central Authority

69KState Central Authority
69LFunctions of State Central Authority
69MDelegation

Division 3—Accredited bodies

69NApplication for accreditation
69OAccreditation
69PRevocation or suspension of accreditation
69QEffect of suspension or revocation of accreditation
69RRenewal of accreditation
69SGazettal and notification to Commonwealth of accreditation matters

Part IVB—Bilateral arrangements for intercountry adoptions

69TDefinitions
69URecognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction
69VEffect of recognition of adoption under this Part
69WRefusal to recognise an adoption under this Part
69XEvidential value of adoption certificate
69YReport on person who wishes to adopt a child in a prescribed overseas jurisdiction

Part V—Registration of orders

70Registration of orders
71Sending of memoranda of orders to other States etc.
72Registration of orders received from other States etc.
73Registration of certain foreign orders
73ARegistration of adoption of a child from a Convention country to Australia
74Certain entries to be marked "adopted"
75Index to be kept by Registrar
76Register of Adoptions not open for search
77Index of births
78Application for information about birth of adopted person
79Place of birth
79AAdoption records
79BSecretary may obtain information from Registrar
79CSecretary may request Registrar for access to adoption records
80Discharge of order
81Correction of errors

Part VI—Access to information

Division 1—General

82Definitions
83Restriction on access to reports and records
83ADisclosure of adoption records in authorised circumstances
84Access to certain documents under the Freedom of Information Act 1982
85Records of adoptions
86Secretary may obtain information from a Court
87Counselling and advice to applicants about information
88Protection of privacy
89Disclosure of medical information
90Secretary to provide information
90ADiscretion not to disclose information in certain circumstances

Division 2—Persons entitled to birth certificates or information

91Interpretation
92Access to birth certificates of adopted persons
93Adopted person's right to information at age eighteen
94Adopted person's right to information under age eighteen
95Natural parent's right to information about adopted person under age eighteen
96Natural parent's right to information about adult adopted person
96APerson's right to information about parent's adoption
97Natural relative's right to information
97ASecretary may disclose certain information about adoption
98Adoptive parent's right to information
99Application to Court
100Other person's right to information
100ADiscretionary power of Secretary to use and disclose adoption information

Division 3—Adoption Information Service

101Definition
102Adoption Information Service
103Adoption Information Register
104Secretary to give assistance

Part VII—Miscellaneous

Division 1—General

105Financial assistance
106Separate representation of child
107Hearings to be in camera
108Secretary may appear at hearings
109Costs
110Judicial notice of signatures
111Certified copies etc. of adoption orders to be evidence
112Fees for assessment of applicants for adoption of child outside Australia
113Waiver of fees
114Registrar to give notices concerning Aboriginal children
115Arrangements for adoption of children outside Australia

Division 2—Offences

116Territorial application of Part
117Taking away etc. adopted child by natural parent
118Harbouring child taken from adoptive parents
119Payments in consideration of adoptions etc.
120Restrictions on advertising
121Restriction on publication of identity of parties
122Penalty for making unauthorized arrangements
123Agency etc. to comply with request for information
124False statements
125Personation
126Presenting forged consent etc.
127Improperly witnessing consent to adoption
128Penalty
129Authority to prosecute

Division 2A—Application for review

129AReview by Victorian Civil and Administrative Tribunal

Division 3—Regulations

130Regulations

Division 4—Transitional provisions

131Transitional for applications
132Transitionals—Adoption Amendment Act 2015
133Transitional—Adoption Amendment (Adoption by Same‑Sex Couples) Act 2015

Schedule 1—Convention on Protection of Children and Co‑operation in Respect of Intercountry Adoption

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 077

Adoption Act 1984

No. 10150 of 1984

Version incorporating amendments as at

9 September 2025

An Act to amend and re-enact the Law relating to Adoption, to repeal the Adoption of Children Act 1964, to make consequential amendments to certain Acts and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1Short title
This Act may be cited as the Adoption Act 1984.
2Commencement
The several provisions of this Act shall come into operation on a day or days to be proclaimed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
3Repeals, savings and transitional provisions
* * * * *

(3)Except as in this Act expressly or by necessary implication provided—
(a)all persons things and circumstances appointed or created by or under the Adoption of Children Act 1964 or existing or continuing under that Act immediately before the commencement of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and
(b)in particular and without affecting the generality of paragraph (a), such repeal shall not disturb the continuity of status, operation or effect of any rule, order, authority, application, decision, consent, bond, register, direction, liability or right made, affected, issued, granted, given, passed, accrued, incurred or acquired or existing or continuing by or under the Adoption of Children Act 1964 before the commencement of this section.

(4)Subject to this Act, sections 53 and 54 (other than subsection (4)) apply in relation to an adoption order made under, or continued in force by, any corresponding previous enactment as if this Act had been in force when the order was made and the order had been made under this Act.
(5)In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this section, an adoption order referred to in subsection (4) shall have the same effect as if this Act had not been passed.
* * * * *

(7)Notwithstanding the repeal of the Adoption of Children Act 1964, that Act shall continue to apply to and in relation to arrangements and negotiations for the adoption of a child in respect of whom all consents necessary under that Act for the adoption have been obtained or have been dispensed with before the commencement of this section and to the making of orders for the adoption of any such child.
4Definitions
(1)In this Act, unless inconsistent with the context or subject-matter—
Aborigine means a person who—
(a)is descended from an Aborigine or Torres Strait Islander;
(b)identifies as an Aborigine or Torres Strait Islander; and
(c)is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

accredited body means a body accredited under section 69O as an accredited body for the purposes of the Hague Convention;

adoption compliance certificate means a certificate issued in accordance with article 23 of the Hague Convention;

adoption order means an order for the adoption of a child under this Act;
approved agency means a welfare organization approved by the Secretary under Division 2 of Part II;

approved counsellor means a person who is for the time being approved as a counsellor under section 5;
Central Authority means a person or office designated for a Convention country under article 6 of the Hague Convention;

child means a person who has not attained the age of 18 years or a person who has attained that age in respect of whom an adoption order is sought or has been made;
Commonwealth Central Authority has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[1];

* * * * *

Convention country means, subject to article 45 of the Hague Convention—
(a)a country specified in Schedule 2 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[2]; and
(b)any other country for which the Convention has entered into force[3], other than—
(i)Australia; and
(ii)a country against whose accession Australia has raised an objection under article 44 of the Convention;

* * * * *

Department means the Department of Justice and Community Safety;

* * * * *

disposition of property includes the grant or exercise of a power of appointment in respect of property;
domestic partner of a person means—
(a)a person who is in a registered domestic relationship with the person; or
(b)a person with whom the person is in a domestic relationship;

domestic relationship means a relationship between 2 persons who are living together as a couple on a genuine domestic basis (irrespective of sex or gender) and who are neither married to each other nor in a registered domestic relationship with each other;

* * * * *

guardian in relation to a child, includes a person who is or is deemed to be the guardian of the child, to the exclusion of, or in addition to, any parent or other guardian, under a law of the Commonwealth or of a State or Territory;
Hague Convention means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993, a copy of the English text of which is set out in Schedule 1;
interim order means an interim order under Division 4 of Part III;
legal practitioner means an Australian legal practitioner;

non-citizen child has the same meaning as in the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being;
registered domestic relationship has the same meaning as in section 3 of the Relationships Act 2008;

Registrar means the Registrar of Births, Deaths and Marriages appointed under section 5 of the Births, Deaths and Marriages Registration Act 1996;

relative, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half-blood or by affinity, and notwithstanding that the relationship depends upon the adoption of any person;
Secretarymeans the Secretary to the Department;

State Central Authority has the meaning given in section 69K;

Territory means Territory of the Commonwealth.

(1A)If under the Public Administration Act 2004 the name of the Department is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
(2)For the purposes of this Act, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period.
(3)Where an office that is established by any Act is referred to in this Act and the holder of that office has power to assign or delegate to another person all or any of his powers and functions under that Act—
(a)the powers and functions of the holder of that office that may be so assigned or delegated shall be deemed to include the powers and functions of that office under this Act, and any of those powers and functions under this Act may be assigned or delegated in the manner provided by that Act; and
(b)in relation to a power or function so assigned or delegated a reference in this Act to the holder of that office shall be read as including a reference to the assignee or delegate, as the case may be.

(4)In this Act, a reference to the principal officer of an approved agency includes a reference to the deputy principal officer (if any) or a person who is authorized in writing by the principal officer to exercise or perform the powers and functions of the principal officer under this Act.
(5)If a person living in a domestic relationship is also in a registered domestic relationship, a reference in this Act (except in section 55) to a domestic partner of such a person does not include a reference to the person with whom the first-mentioned person is in the registered domestic relationship.
(6)A reference in this Act to a spouse includes a reference to a person referred to in section 11(1)(a) or (b).

(7)For the purposes of the definition of domestic partner in subsection (1), in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(8)For the purposes of subsection (7), a person is not a domestic partner of another person only because they are co-tenants.

5Approved counsellors
(1)Subject to subsection (2), the Secretary may, by notice published in the Government Gazette, approve a person as a counsellor for the purposes of this Act and may by notice so published revoke any such approval.

(2)The Secretary shall not approve a person as a counsellor under subsection (1) unless the person is—
(a)an officer or employee of the Department;

(b)employed by an approved agency; or
(c)a person who is not such an officer or employee or so employed but is a person who in the opinion of the Secretary has such qualifications and experience as is appropriate for a counsellor for the purposes of this Act.

6The Court
(1)The Court having jurisdiction to make an adoption order or any other order under this Act shall be—
(a)the Supreme Court; or
(b)at the option of the applicant—the County Court.

(1A)If an application to make an adoption order or other order under this Act is made to the County Court and the County Court considers that, in all the circumstances of this case, the matter should be dealt with by the Supreme Court, the County Court may direct that the application be transferred to the Supreme Court.
(2)Rules in regard to any matter to be prescribed under this Act and directing the manner in which applications to the Court are to be made and dealing generally with all matters of procedure and incidental matters arising out of this Act and for carrying this Act into effect may in accordance with the provisions of sections 25 to 27 of the Supreme Court Act 1958 be made by the Judges of the Supreme Court.
7Jurisdiction
(1)The Court shall not make an order for the adoption of a child unless—
(a)at the time of the filing in the Court of the application for the order—
(i)the applicant or (in the case of joint applicants) each of the applicants, was resident or domiciled in Victoria; and
(ii)the child was present in Victoria; or

(b)the child was born in Victoria and at the time of the filing in the Court of the application for the order was under the guardianship of the Secretary or the principal officer of an approved agency.

(2)For the purposes of subsection (1), where the Court is satisfied that an applicant was resident or domiciled in Victoria, that a child was present in Victoria or that a child was under the guardianship of the Secretary or a principal officer, on a date within 21 days before the date on which an application was filed in the Court, the Court may, in the absence of evidence to the contrary, presume that the applicant was resident or domiciled in Victoria, that the child was present in Victoria or that the child was under the guardianship of the Secretary or principal officer, as the case may be, at the time of the filing in the Court of the application.
(3)This section does not apply in respect of an order for the adoption of a child under Division 1 of Part IVA.
8Rules of private international law not to apply
The jurisdiction of a Court to make an adoption order shall not be dependent on any fact or circumstances not expressly specified in this Act.
9Welfare and interests of child to be paramount
In the administration of this Act, the welfare and interests of the child concerned shall be regarded as the paramount consideration.

PART II—ADOPTIONS UNDER THIS ACT

Division 1—General

10Who may be adopted
(1)Subject to this Act, the Court may make an order for the adoption of a person who—
(a)had not attained the age of eighteen years before the date on which the application was filed in the Court; or
(b)has been brought up, maintained and educated by the applicant or either of the applicants, or by the applicant and a deceased spouse or domestic partner of the applicant, as the child of the applicant or of the applicant and deceased spouse or domestic partner as if the applicant were the parent of that child, or the applicant and deceased spouse or deceased domestic partner of the applicant were the parents of that child.

(2)An order may be made under this Act for the adoption of a child notwithstanding that the child had, whether before or after the commencement of this Act, and whether in Victoria or elsewhere, previously been adopted.

10AApplication for adoption order
An application for an adoption order under sections 11 and 12 may be made—
(a)in the case of 2 persons who are married or living in a relationship referred to in section 11(1), if the persons have been married to each other or living in that relationship with each other for not less than 2 years;

(b)in the case of a person who is married or living in a relationship referred to in section 11(1) and who proposes adopting a child of the person's spouse or domestic partner, or a child who is related to the person's spouse or domestic partner, if that person and the person's spouse or domestic partner (as the case requires) have been married to each other or living in that relationship with each other for not less than 2 years.

11Persons in whose favour adoption orders may be made
(1)An adoption order may be made in favour of 2 persons—
(a)who are married to each other and have been so married for not less than two years; or
(b)whose relationship is recognized as a traditional marriage by an Aboriginal community or an Aboriginal group to which they belong and has been so recognized for not less than two years; or
(ba)who are in a registered domestic relationship with each other and have been so for not less than 2 years; or
(c)who are living in a domestic relationship and have been so living for not less than 2 years; or

(d)who have been living with each other in any combination of the relationships referred to in paragraphs (a) to (c) and have been so living for not less than 2 years—

before the date on which the order is made.
(1A)The Court must not make an adoption order under subsection (1) in relation to 2 persons in a domestic relationship unless the Court is satisfied that, at the time that the order is made, neither person—
(a)is married to another person; or
(b)is in a registered domestic relationship with another person.

(2)The Court shall not make an adoption order in favour of a person who is, or persons either of whom is, the mother of the child or a man who, under section 33(3), is an appropriate person to give consent to the adoption of the child.
(3)Subject to this section, where the Court is satisfied that special circumstances exist in relation to the child which make it desirable so to do, the Court may make an adoption order in favour of one person.
(4)The Court shall not make an adoption order in favour of one person if that person—
(a)is married or is in a registered domestic relationship unless that person is living separately and apart from that person's spouse or domestic partner (as the case may be); or
(b)is married or is in a registered domestic relationship, and is living with that person's spouse or domestic partner (as the case may be), except with the consent of that person's spouse or domestic partner; or
(c)is living in a domestic relationship and has been so living for not less than 2 years, except with the consent of that person's domestic partner.

(5)The spouse or domestic partner of a parent or of an adoptive parent of a child may make an application to the Court under this Act for an order for the adoption of the child by that spouse or domestic partner.
(6)Where an application is made under subsection (5) by the spouse or domestic partner of a parent or of an adoptive parent of a child, the Court must not make an order for the adoption of the child solely by that spouse or domestic partner unless it is satisfied that—
(a)the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 of the Commonwealth as amended and in force for the time being in relation to the child would not make adequate provision for the welfare and interests of the child; and
(b)exceptional circumstances exist which warrant the making of an adoption order; and
(c)an order for the adoption of the child would make better provision for the welfare and interests of the child than an order referred to in paragraph (a); and
(d)in the case of an order in favour of the domestic partner of a parent or adoptive parent, at the time that the order is made the domestic partner is neither married to, nor in a registered domestic relationship with, a person who is not the parent or adoptive parent of the child.

(7)If an order for the adoption of a child is made under subsection (6), the spouse or domestic partner shall be deemed to be a parent of the child jointly with that parent or adoptive parent as if the spouse or domestic partner and that parent or adoptive parent had been married to each other at the time the child was born but notwithstanding anything in section 53—
(a)the child is not to be treated in law as if the child were not the child of that parent or adoptive parent; and
(b)that parent or adoptive parent is not to be treated in law as if the parent or adoptive parent were not a parent of that child; and
(c)the relationship between the child and that parent or adoptive parent is not terminated; and
(d)if that parent or adoptive parent had been the guardian of the child, the order does not terminate the guardianship; and
(e)if the child were the adopted child of that adoptive parent, the order does not terminate that adoption.

12Orders in favour of relatives
The Court shall not make an order for the adoption of a child in favour of a person who, or whose spouse or domestic partner, is a relative of the child or in favour of two persons who are, or one of whom is, a relative of the child unless the Court is satisfied that—
(a)the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 of the Commonwealth as amended and in force for the time being in relation to the child would not make adequate provision for the welfare and interests of the child; and
(b)exceptional circumstances exist which warrant the making of an adoption order; and

(c)the order for the adoption of the child would make better provision for the welfare and interests of the child than an order referred to in paragraph (a); and

(d)in the case of an order in favour of 2 persons who are in a domestic relationship with each other, neither of those persons, at the time that the order is made—
(i)is married to another person; or
(ii)is in a registered domestic relationship with another person; and

(e)in the case of an order in favour of a person who is in a domestic relationship and whose domestic partner is a relative of the child, neither that person nor that person's domestic partner, at the time that the order is made—
(i)is married to another person; or
(ii)is in a registered domestic relationship with another person.

13Approval of persons to adopt children
(1)Persons capable of making an application under section 10A(a) for an adoption order under section 11 may apply to the Secretary or the principal officer of an approved agency for approval as fit and proper persons to adopt a child.
(2)An application is to be made in accordance with the regulations.
(3)The Secretary or the principal officer of an approved agency may approve applicants under subsection (1) as fit and proper persons to adopt a child if the applicants satisfy the prescribed requirements relating to approval of applicants.
(4)Subject to subsection (5), the Secretary or the principal officer of an approved agency may revoke an approval given by the Secretary or principal officer (as the case requires) under subsection (3).
(5)The Secretary or the principal officer of an approved agency must not refuse, or defer the making of a decision on, an application for approval or revoke an approval, unless the Secretary or principal officer has—
(a)notified the applicant or approved person (as the case requires) in writing of the reasons for the refusal, deferment or revocation; and
(b)given the applicant or approved person a reasonable opportunity to make a written or oral submission to the Secretary or principal officer.

13ARegister of approved persons
(1)The Secretary must—
(a)keep a register of persons who have been approved by the Secretary under section 13 as fit and proper persons to adopt a child; and
(b)keep a record of persons—
(i)whose application for approval has been refused by the Secretary; or
(ii)whose application for approval has been deferred by the Secretary; or
(iii)whose approval has been revoked by the Secretary.

(2)The principal officer of an approved agency must—
(a)keep a register of persons who have been approved by the principal officer under section 13 as fit and proper persons to adopt a child; and
(b)keep a record of persons—
(i)whose application for approval has been refused by the principal officer; or
(ii)whose application for approval has been deferred by the principal officer; or
(iii)whose approval has been revoked by the principal officer.

Penalty:5 penalty units.

14Wishes of child
(1)Subject to this Division, an order for the adoption of a child shall not be made unless the Court is satisfied that—
(a)at least 28 days before the day on which the adoption order is to be made the child received counselling from an approved counsellor as to the effects of the adoption; and
(b)as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child.

(2)Subsection (1)(a) does not apply if the Court is satisfied that counselling is inappropriate having regard to the age and understanding of the child.
(3)A person who has given counselling to a child under subsection (1)(a) must provide a written report to the Court.
15Court to be satisfied as to certain matters
(1)The Court shall not make an order for the adoption of a child unless the Court has received a report in writing on behalf of the Secretary or the principal officer of an approved agency concerning the proposed adoption and, after considering the report and any other evidence before the Court, the Court is satisfied that—
(a)the applicants satisfy the prescribed requirements relating to approval of applicants and, except in the case of an order referred to in section 12, the applicants have been approved under section 13;
(b)the Secretary or principal officer has given consideration to any wishes expressed by a parent of the child in relation to the religion, race or ethnic background of the proposed adoptive parent or adoptive parents of the child;
(c)the Secretary or principal officer has given consideration to any wishes expressed by a parent of the child after consent was given or dispensed with about access to or information about the child and any arrangements agreed between the parent and the proposed adoptive parents of the child for access to the child or for the giving of information about the child; and
(d)the welfare and interests of the child will be promoted by the adoption.

(2)Subsection (1) does not apply in relation to an order under section 10 for the adoption of a child who has attained the age of eighteen years before the making of the order but the Court shall not make an adoption order in such a case unless it is satisfied that special circumstances make it desirable that the child should be adopted.
(3)A report on behalf of the Secretary or the principal officer of an approved agency may be made by the Secretary or principal officer or by a person authorized by the Secretary or principal officer in writing either generally or in any particular case.
16Notice of application for adoption orders
(1)The Court shall not make an order for the adoption of a child unless the applicant or applicants for the adoption order has or have given notice of the application in accordance with the rules of the Court—
(a)to any person whose consent to the adoption of the child is required under section 33 but whose consent has not been given and has not been dispensed with under section 43;
(b)to any person who is not a parent of the child but is a guardian of the child; and
(c)to any person (not being a person whose consent is so required) with whom the child resides or who has the care or custody of the child.

(2)The Court may, upon application in writing, dispense with the giving of a notice under subsection (1).
(3)Where it appears to the Court to be necessary in the interests of justice so to do, the Court may direct that notice of an application for an adoption order be given to any person.
17Parties
Where an application is made to the Court for an order for the adoption of a child, the Court may permit such persons as the Court thinks fit to be joined as parties to the proceedings for the purpose of opposing the application or for the purpose of opposing an application to dispense with the consent of a person.
18Custody etc. after refusal of an application for an adoption order
If the Court refuses an application for an order for the adoption of a child, the Court may make such order for the care and control of the child or for the making of any further application under this Act as it thinks fit.
19Discharge of adoption orders
(1)An eligible person may apply to the Court for an order discharging an order for the adoption of a child made under this Act or any corresponding previous enactment on the grounds—
(a)that the adoption order or a consent for the purposes of the adoption order was obtained by fraud, duress or other improper means; or
(b)that special circumstances exist why the adoption order should be discharged.

(2)In subsection (1)—
(a)eligible person means the adopted child to whom the adoption order relates, a natural parent of the adopted child, an adoptive parent of the adopted child, the Secretary or the principal officer of the approved agency by which the adoption was arranged; and

(b)a reference to special circumstances includes a reference to an irretrievable breakdown of the relationship between the adoptive parents and the adopted person.

(3)Where an application is made under subsection (1), the Court shall, if satisfied that there may be grounds on which an order may be made, direct that an investigation be made into the circumstances under which the application is made.
(4)An investigation under subsection (3) shall be made by the Secretary and, where the Court so directs, by a person nominated by the Secretary.

(5)The Court shall, after consideration of a report of an investigation carried out under subsection (3), if it is satisfied that the adoption order should be discharged, make an order for the discharge of the adoption order.
(5A)The Court shall not make an order for the discharge of an adoption order unless the Court is satisfied that the welfare and interests of the child would be promoted by the discharge of the adoption order.
(6)Where the Court makes an order discharging an adoption order, then, unless the Court otherwise orders, any consent given under this Act for the purposes of the adoption of the child ceases to have effect.
(7)Where the Court makes an order under this section, it may, at the same time or subsequently, make such consequential or ancillary orders as it thinks necessary in the interests of justice or the welfare and interests of the child, including orders relating to—

(a)the name of the child;
(b)the ownership of property;
(c)the custody or guardianship of the child; or
(d)the domicile of the child.

(8)Upon the making of an order under this section discharging an order for the adoption of a child, but subject to any order made under subsection (7) and to section 53(2), the rights, privileges, duties, liabilities and relationships of the child and of all other persons shall be the same as if the adoption order had not been made, but without prejudice to—
(a)anything lawfully done;
(b)the consequences of anything unlawfully done; or
(c)any proprietary right or interest that became vested in any person—

whilst the adoption order was in force.
(9)The Court may allow any of the following persons to appear and to address the Court (either personally or by a legal practitioner) at the hearing of an application for the discharge of an order for the adoption of a child—
(a)the child;
(b)a natural parent of the child;
(c)an adoptive parent of the child;
(d)the Secretary;
(e)if the adoption was arranged by an adoption agency, the principal officer of that agency;
(f)any other person whom the Court determines has a sufficient interest in the matter.

Division 2—Arrangement of adoptions

20Adoptions may be arranged by Secretary or by approved agency
(1)For the purposes of this Act, arrangements or negotiations for or towards or with a view to the making of an adoption in favour of any person or persons may be made by or on behalf of the Secretary or by or on behalf of an approved agency.
(2)Arrangements or negotiations referred to in subsection (1) may be made by any person authorized in writing for any specified purpose or purposes, either generally or in any particular case, by the Secretary or the principal officer of the approved agency.
(3)Except as otherwise provided in this Act, an order shall not be made for the adoption of a child unless arrangements or negotiations for or towards or with a view to the adoption of the child have been made by or on behalf of the Secretary or by or on behalf of an approved agency.
(4)Nothing in subsection (3) prevents the doing of anything required or authorised to be done by the Hague Convention.

20ADeterminations by Secretary or approved agency
A person who may make arrangements or enter into negotiations under section 20 for or towards or with a view to making an adoption must not make an assessment of the suitability of a person to adopt a child—
(a)in the case of 2 persons who are married or living in a relationship referred to in section 11(1), unless the person who may make those arrangements or enter into those negotiations is satisfied that the persons have been married to each other or living in that relationship with each other for not less than 2 years;
(b)in the case of one person, if that person is married or living in a relationship referred to in section 11(1) and proposes adopting a child of that person's spouse or domestic partner, or a child who is related to that person's spouse or domestic partner, unless the person who may make those arrangements or enter into those negotiations is satisfied that the person seeking to adopt a child and the person's spouse or domestic partner (as the case requires) have been married to each other or living in that relationship with each other for not less than 2 years.

21Application for approval of adoption agency
(1)Any welfare organization carrying on, or desiring to carry on, the activity of conducting negotiations or making arrangements with a view to the adoption of children may apply in writing to the Secretary for approval as an approved agency.
(2)An application under this section shall contain such information relating to the organization as is prescribed and shall nominate a person to be the principal officer and may nominate a person to be the deputy principal officer of the organization for the purposes of this Act.
(3)Where the Secretary receives an application under this section, the Secretary shall publish notice of the application in the Government Gazette.
(4)For the purposes of this section welfare organization means an organization, corporate or unincorporate, formed or carried on primarily or principally for religious, charitable, benevolent, philanthropic or welfare purposes, but does not include an organization formed or carried on for the purpose of trading or securing a pecuniary profit to its members.
22Secretary may grant or refuse application
The Secretary may, as the Secretary thinks fit, grant or refuse an application under section 21 and in particular, without in any way limiting the generality of the foregoing, may refuse any application if it appears to the Secretary that the applicant is not a welfare organization within the meaning of section 21 or is not suited to carrying on the activity of making arrangements with a view to the adoption of children, having regard to all relevant considerations, including the qualifications, experience, character and number of the persons taking part, or proposing to take part, in the management or control of the organization, or engaged or proposed to be engaged, on behalf of the organization, in the making of arrangements with a view to the adoption of children.
23Authorized agencies—non-citizen children
The Secretary may authorize an approved agency, whether at the time the Secretary grants or renews the application for approval under section 21 or 26 or at any other time, to make arrangements with a prescribed person or prescribed organization or a person or organization included in a prescribed class of persons or organizations in places outside Australia for the adoption in Victoria of non-citizen children.
24Revocation or suspension of approval
(1)The Secretary may at any time by notice in writing served personally or by certified mail on the principal officer of an approved agency revoke or suspend for a specified period the approval of the agency under this Division or the authority of the agency under section 23—
(a)at the request of the approved agency concerned;
(b)in the case of a revocation or suspension of approval under section 22, on the ground that the approved agency is no longer a suitable organization to carry on the activity of conducting negotiations or making arrangements with a view to the adoption of children, having regard to all relevant considerations including the matters referred to in section 22;
(c)in the case of revocation or suspension of authority under section 23, on the ground that the approved agency is no longer a suitable organization to make arrangements with prescribed persons or prescribed organizations in places outside Australia for the adoption in Victoria of non-citizen children; or
(d)on the ground that the approved agency has contravened, or failed to comply with, a provision of this Act or the regulations that is applicable to it.

(2)Where the approval of a welfare organization as an approved agency is suspended, the organization shall not commence or continue arrangements or negotiations for an adoption under this Act.
25Period of approval of agency
The approval of a welfare organization as an approved agency under section 22 or renewal of such an approval under section 26 has effect for the period, not exceeding 3 years, determined by the Secretary, unless sooner revoked under this Part.
26Renewal of approval
(1)An approved agency may apply in writing to the Secretary for renewal of approval as an adoption agency.
(2)Where the Secretary receives an application under subsection (1), the Secretary shall publish notice of the application in the Government Gazette.
(3)The Secretary may, as the Secretary thinks fit, grant or refuse an application under subsection (1) as if it were an application under section 21.
27Effect of cessation or suspension of approved agency
Where a welfare organization ceases to be an approved agency or the approval of a welfare organization as an approved agency is suspended—
(a)all records and other documents held by it or under its control relating to the arrangement or negotiation of adoptions shall become the property of the Secretary or, with the approval of the Secretary where the welfare organization has entered into an agreement with an approved agency that the approved agency be the successor of the welfare organization, of that approved agency;
(b)where the principal officer of the first-mentioned approved agency was, immediately before the cessation or suspension, the guardian of a child under this Act, the Secretary or principal officer of the approved agency that is the successor of the first-mentioned approved agency, as the case may be, becomes the guardian of that child upon the cessation or suspension; and
(c)the arrangements or negotiations being undertaken by the first-mentioned approved agency immediately before the cessation or suspension shall be continued by the Secretary or principal officer of the approved agency that is the successor of the first-mentioned approved agency, as the case may be.

28Effect of revocation or suspension of authority under section 23
Where the authority of an approved agency under section 23 is revoked or suspended—
(a)all records and other documents held by it or under its control relating to arrangements for the adoption of non-citizen children shall become the property of the Secretary or, with the approval of the Secretary where the welfare organization has entered into an agreement with an approved agency that the approved agency be the successor of the welfare organization, of that approved agency; and
(b)any such arrangements being undertaken by the first-mentioned approved agency immediately before the revocation or suspension shall be continued by the Secretary or principal officer of the approved agency that is the successor of the first-mentioned approved agency, as the case may be.

29Ending of suspension of approval or authority
Upon the expiration of the period of suspension of the approval of a welfare organization as an approved agency or of the authority under section 23 of an approved agency—
(a)the Secretary may, return to the approved agency such documents and records as, by reason of section 27(a), became the property of the Secretary upon the suspension; and
(b)the Secretary may, authorize the approved agency to continue such arrangements and negotiations being undertaken by the Secretary as the Secretary thinks fit, being arrangements or negotiations that, but for the suspension, would have been carried on by the approved agency.

30Notice of approval to be published in Government Gazette
(1)Notice of the approval or renewal of the approval of any welfare organization as an approved agency under this Division and of the revocation or suspension of any such approval shall be published in the Government Gazette.
(2)Each such notice shall specify the address of the principal officer of the welfare organization concerned and the full name of the principal officer and deputy principal officer (if any) of the organization.
31Acts of principal officer deemed acts of approved agency
Anything done by the principal officer or deputy principal officer of an approved agency or with his approval shall be deemed to be done by the approved agency.
32Duties of Secretary and approved agencies
In all matters relating to the exercise of powers and the performance of duties under this Act, the Secretary and the principal officer of an approved agency shall have regard to adoption as a service for the child.

Division 3—Consents to adoptions

33Consents required to adoptions
(1)Subject to this Division, the Court shall not make an order for the adoption of a child unless the Court is satisfied—
(a)that—
(i)consent (not being a consent that has been revoked) to the adoption has been given in accordance with this Division by the appropriate person or persons ascertained in accordance with this section; and
(ii)the requirements of section 35 were complied with; or

(b)that there is not an appropriate person within the meaning of this section to give consent to the adoption.

(2)In the case of a child whose parents were married to each other at the time of its birth or at or after the time of its conception but before its birth and who has not previously been adopted, the appropriate persons are every person who is the mother or the father of the child.
(3)In the case of a child whose parents were not so married to each other and who has not previously been adopted, the appropriate persons are every person who is the mother of the child or a man—
(a)whose name is entered in the entry relating to the child in a register of births (whether in Victoria or in a place outside Victoria) as the father of the child;
(b)who is declared to be the father of the child under a declaration of paternity in force under section 10 of the Status of Children Act 1974, being a declaration a copy of which is filed under section 9(3) of that Act in the office of the Registrar;
(c)against whom an order has been made under section 10 or 12 of the Maintenance Act 1965 in respect of the child, being an order a copy of which is filed in the office of the Registrar under section 9(3) of the Status of Children Act 1974;
(d)who is named in an instrument filed in the office of the Registrar under section 9(1) of the Status of Children Act 1974 that acknowledges that he is the father of the child; or
(e)who has lodged with the Secretary or with the approved agency by which the arrangements for the adoption are being made evidence that—
(i)an order has been made outside Victoria that, under section 8(5) of the Status of Children Act 1974 is prima facie evidence that he is the father of the child;
(ii)he is, or has at any time, been liable, under an order of the Family Court of Australia for the maintenance of the child; or

(iii)he has at any time, under an order of the Family Court of Australia, been granted access to or custody or guardianship of the child.

(4)Where there is evidence that a man is not the father of a child, that man is not, by reason only of paragraph (e) of subsection (3), an appropriate person for the purposes of that subsection in the case of that child.
(5)In the case of a child who has previously been adopted, the appropriate persons are every person who is an adoptive parent of the child.
(6)In the case of a child who is a non-citizen child, the appropriate person is the person who, under the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being, is the guardian of the child or, where that guardian has under that Act, delegated his powers and functions as guardian to another person, that other person.
(7)This section does not apply in the case of a child who has attained the age of eighteen years before the making of the adoption order.
34Manner of giving consent
(1)Subject to this Division, a consent by a person (other than a person to whom section 33(6) applies) is given in accordance with this Division where—
(a)the person has signed the prescribed form of consent in the presence of—
(i)a person referred to in subsection (2); and
(ii)a person approved for the purpose by the Secretary or the principal officer of an approved agency; and

(b)the persons in whose presence the form of consent was signed have signed the prescribed statements.

(2)For the purposes of paragraph (a) of subsection (1) and of section 35(2), each of the following is a person referred to in this subsection—
(a)a person who is a prescribed official of a court;
(b)a person declared by Order of the Governor in Council published in the Government Gazette to be an authorized person for the purposes of this section;
(c)in relation to a consent signed in another State or in a Territory—a person who is the principal administrative officer of a court in that State or Territory or a deputy of such an officer.

(3)Where a consent by a person is given in a country outside Australia, the consent is given in accordance with this Division where—
(a)the person has signed the prescribed form of consent in the presence of two persons each of whom is—
(i)an Australian diplomatic officer within the meaning of the Consular Fees Act 1955 of the Commonwealth as amended and in force at the time being;
(ia)an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth;
(ib)an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;
(ii)a judge of a court in that country; or
(iii)a magistrate in that country;

(b)not less than seven days or, where a shorter period is approved under subsection (4), before the commencement of that shorter period, before the consent is given, one of those persons gave the first-mentioned person information about the effect of an adoption order under this Act and about the alternatives to adoption available in Victoria; and
(c)the two persons in whose presence the form of consent was signed have signed the prescribed statements.

(4)Where a person referred to in paragraph (a) of subsection (3) is satisfied that there are special circumstances why less than seven days notice should be given under paragraph (b) of that subsection, that person shall approve a time less than seven days but not less than 24 hours as the period for the purposes of that paragraph.
(5)The Governor in Council may, by Order published in the Government Gazette, revoke or vary an Order made under subsection (2).
35Requirements to be complied with
(1)The following requirements shall be complied with before a consent is given by a person (other than a person to whom section 33(6) applies) for the purposes of this Division—
(a)the person shall receive counselling from a person approved for the purpose by the Secretary or by the principal officer of an approved agency;

(b)not less than seven days or, where a shorter period is approved under subsection (2), before the commencement of that shorter period, before the consent is given, the person by whom that counselling was given shall give the person information in writing in the prescribed form about the effect of an adoption order, the alternatives to adoption and the names and addresses of organizations that provide family support services;
(c)notice in writing shall be given to the person that the person may, at any time make application subject to and in accordance with the Births, Deaths and Marriages Registration Act 1996 for a certified copy of, or extract from, the entry in the Register of Births relating to the child.

(2)Where a person referred to in section 34(2) is satisfied that there are special circumstances why less than seven days notice should be given under paragraph (b) of subsection (1), that person shall approve a time less than seven days but not less than 24 hours as the period for the purposes of that paragraph.
(3)A certificate signed by the Secretary or the principal officer of an approved agency shall be proof in the absence of evidence to the contrary that the requirements referred to in subsection (1) have been complied with.

(4)Where a consent is given in a place outside Victoria, the requirements referred to in subsection (1) do not apply.

36Consent by guardian under section 33(6)
A consent by a person who is a guardian, or the delegate of a guardian, of a non-citizen child to whom section 33(6) applies is given in accordance with this Division where the person has signed the prescribed form of consent and a declaration that the person believes on reasonable grounds that—
(a)each of the parents of the non-citizen child—
(i)has given consent, in accordance with the law of the place of residence of that parent or of the non-citizen child immediately before the non-citizen child began the journey to Australia, to the adoption of the non-citizen child and has not revoked that consent; or
(ii)is dead or cannot after reasonable inquiry be found; or

(b)circumstances exist by reason of which the consent of a parent could be dispensed with if the consent of the parent were required under this Act.

37Consent subject to conditions
(1)A consent by a parent to the adoption of a child in which the wish is expressed under section 50 that the child be adopted within the Aboriginal community may be made subject to a condition that that parent, and such relatives of the child as are specified in the consent and members of the Aboriginal community to which the child belongs have a right of access in accordance with the prescribed terms to the child.
(2)Where the Secretary or the principal officer of an approved agency, as the case may be, is unable to find a person or persons suitable to adopt a child to whom a consent given subject to a condition under this section applies, the Secretary or principal officer shall, by notice in writing in the prescribed form, inform the parent by whom the consent was given of the inability and that the parent may, within 28 days after the notice is given, by notice in writing served on the Registrar of the County Court, vary the conditions or may revoke the consent.
(3)After the expiration of the period of 28 days after a notice is given under subsection (2), the Secretary or the principal officer may, unless the condition has been varied or any consent given to the adoption of the child has been revoked, make application to the Court for the revocation or alteration of the conditions to which a consent is subject under this section.
(4)The Court may make such order as it thinks fit on an application under subsection (3) where it is satisfied that the Secretary or the principal officer has taken such steps as are reasonable in the circumstances to satisfy the conditions to which the consent was subject and has received and considered a report from an Aboriginal agency within the meaning of section 50.
38Revocation of consent on notice of inability to place child
(1)Where a person has given consent for the purposes of this Division and the Secretary or principal officer is of the opinion that it is no longer possible to place the child with a proposed adoptive parent or proposed adoptive parents, the Secretary or principal officer shall give notice in writing to that effect to each person who has given such consent and shall, in the notice, inform the person of the right to revoke the consent within the period of 56 days after the giving of the notice.
(2)Where a person to whom a notice relating to a child is given under subsection (1) does not revoke the consent within the period referred to in that subsection, the consent is revoked upon the Secretary or principal officer ceasing to be the guardian of the child by reason of the operation of section 46(1)(e).
39Consents to be construed as general consents
(1)Subject to subsection (2) and except as provided in section 37, a consent to the adoption of a child shall, for the purposes of this Act, be construed as a consent to the adoption of the child by any person or persons on whose application an adoption order may be made under this Act in respect of the child and shall be a valid consent notwithstanding that an application in respect of the child has not been made or contemplated or, if application has been so made, that the person giving the consent does not know the identity of the applicant or applicants.
(2)A consent to the adoption of a child by a relative of the child, or by a spouse or domestic partner of a parent of the child, shall be construed as a consent to the adoption of the child by that relative or spouse or domestic partner only.
40Consents given under law of another State or a Territory
Where—
(a)a person whose consent to the adoption of a child is required by section 33 has, in accordance with the law of another State or of a Territory, duly signed an instrument of consent to the adoption of the child; and

(b)the consent evidenced by the instrument of consent has not been revoked in accordance with the law of that other State or Territory—

that instrument of consent shall, for the purposes of this Act, be deemed to be an instrument executed in accordance with this Division evidencing a consent, in accordance with section 33(1), to the adoption of the child.
41Revocation of consents
(1)A consent to the adoption of a child given for the purposes of this Act by a person may be revoked by notice in writing served on the Registrar of the County Court before—
(a)the expiration of 28 days after the date on which the instrument of consent was signed or, where before the expiration of that period, the person has, by instrument in writing in the prescribed form and attested as prescribed, declared that the period be extended by not more than fourteen days, before the expiration of that extended period;
(b)where a notice has been given to that person under section 37(2), the expiration of 28 days after the giving of that notice; or
(c)where a notice has been given to that person under section 38, the expiration of 56 days after the giving of that notice—

and not otherwise.
(2)Service of a notice on the Registrar of the County Court under subsection (1) shall be effected by delivering it personally or by sending it to the Registrar by certified mail at such address as is prescribed.
(3)Upon receiving notice in writing of the revocation of a consent to the adoption of a child, the Registrar of the County Court shall forthwith notify the Secretary or, where the principal officer of an approved agency is the guardian of the child under this Act, that principal officer of the receipt of the notice.
42Defective consents
(1)The Court shall not make an adoption order in reliance on a consent given or purporting to have been given by a person if it appears to the Court that—
(a)the consent was not given in accordance with this Act;
(b)the consent was obtained by fraud or duress;
(c)the consent was revoked at a time when it had not become irrevocable;
(d)the instrument of consent has been altered in a material particular without authority;
(e)the person giving or purporting to give the consent was not, when the instrument of consent was signed, in a fit condition to give the consent or did not understand the nature of the consent; or
(f)the instrument of consent was signed before the birth of the child.

(2)The Court shall not make an adoption order in reliance on an instrument of consent signed by a parent of the child within the prescribed period after the birth of the child.
(3)In subsection (2), prescribed period means fourteen days or, where the Court has ordered that it is in the best interests of the child that a shorter period be applied, that shorter period.
(4)Notwithstanding subsections (1) and (2), any consent to the adoption of the child validly given before the commencement of this section pursuant to the Adoption of Children Act 1964 shall be valid and effectual for the purposes of this Act.
43Court may dispense with consents
(1)The Court may dispense with the consent of a person (other than a guardian under section 33(6)) to the adoption of a child where the Court is satisfied—
(a)that the person cannot, after reasonable inquiry, be found;
(b)on evidence given in accordance with subsection (3) that the person is, and is unlikely to cease to be, in such a physical or mental condition as not to be capable of properly considering the question whether the person should give consent;
(c)that the person has abandoned the child;

* * * * *

(e)that the person has, for a period of not less than one year, failed, without reasonable cause, to discharge the obligations of a parent of the child;
(f)that the person has such a physical or mental disability or is otherwise so impaired that the person would be unable to meet the needs of the child;
(g)that for any reason the child is unlikely to be accepted into, or to accept, a family relationship with the person; or
(h)that there are any other special circumstances by reason of which, in the interests of the welfare of the child, the consent may properly be dispensed with.

(2)For the purposes of paragraph (a) of subsection (1), where, for the purposes of obtaining the consent of a person to the adoption of a child, the Court is satisfied that—
(a)a letter seeking that consent has been sent by certified mail addressed to that person;
(b)a letter seeking that consent has been sent by certified mail addressed to that person at the address of such other person (if any) as the Secretary or principal officer of an approved agency believes may know where the first-mentioned person may be found;
(c)the Secretary or principal officer of an approved agency is satisfied that the address of that person cannot be found on a roll of electors under the Commonwealth Electoral Act 1918 of the Commonwealth as amended and in force for the time being;
(d)notice to the person that consent of the person is sought has been published in a newspaper circulating generally in the area where the last known place of residence of the person is situated; and
(e)enquiries have been made of such persons, bodies, agencies and government departments as might reasonably be expected to have known where that person may be found—

and the Court is satisfied that the Secretary or principal officer has been unable to find that person and that such other enquiries as the Court may determine have been made, the Court shall determine that reasonable inquiry has been made for that person and that the person cannot be found.
(3)For the purposes of paragraph (b) of subsection (1), the evidence required is a certificate signed by not less than two medical practitioners registered under the Health Practitioner Regulation National Law certifying as to the matters referred to in that paragraph.

(4)In order to facilitate the making of arrangements with a view to the adoption of a child, the Court may, on application by or on behalf of the Secretary or the principal officer of an approved agency, make an order under this section dispensing with the consent of a person whose consent is required to the adoption of the child before an application for an adoption order has been made in respect of the child or before proposed adoptive parents have been selected for the child, and any order under this section may have effect for the purposes of any application for an adoption order that may subsequently be made by any person under this Act.
(5)An order under subsection (4) may, on application by or on behalf of the Secretary, the principal officer of an approved agency or the person whose consent was dispensed with, be revoked by the Court at any time before the making of an adoption order in respect of the child.
44Person who gives consent to be given notice of certain events
(1)Where a person (other than a person to whom section 33(6) applies) has given consent for the purposes of this Division, the Secretary or principal officer shall within seven days after the occurrence of each of the following events, give notice in writing to the person of that event—
(a)the expiration of the period under section 41(1)(a) during which consent may be revoked;
(b)the placement of the child to whom the consent relates with a proposed adoptive parent or adoptive parents;
(c)the termination of such a placement;
(d)the renunciation by the Secretary or principal officer of guardianship of the child;

(e)where the child to whom the consent relates dies before an adoption order is made, the death of the child;
(f)the making of an order for the adoption of the child.

(2)The Secretary or principal officer is not required to give notice under subsection (1) of an event (other than renunciation of guardianship) of which the person has, in writing, whether in the instrument of consent or otherwise, expressed the wish not to be given notice.

Division 4—Care of child

45Care of child awaiting adoption
(1)Where—
(a)a person whose consent to the adoption of a child is required under this Act proposes to give that consent; or
(b)a person has given consent to the adoption of a child but the consent of another person is required, or has to be dispensed with, before an adoption order can be made—

and a person having the custody or guardianship of the child has authorized the Secretary or the principal officer to exercise any rights of custody in respect of the child, that authority ceases—
(c)subject to subsection (2), on the expiration of six months after the authority is given;
(d)if the person withdraws consent to the adoption;
(e)when all consents required for the adoption have been given or been dispensed with;
(f)upon revocation of the authority by the person who gave it; or
(g)upon the person who gave the authority ceasing to be entitled to custody or guardianship of the child—

whichever first occurs.
(2)The period of six months may from time to time be extended, by the agreement of the person who gave the authority and the Secretary or principal officer for further periods, not exceeding six months, but the total of the periods for which the authority is given or renewed shall not exceed eighteen months from the time when the first authority was given.
(3)Where an authority given under subsection (1) ceases, the Secretary or the principal officer shall—
(a)deliver the child to a person who at that time is entitled to the custody or guardianship of the child; or
(b)where such a person cannot after reasonable enquiry be found, take such steps as are necessary to make a protection application in respect of the child under the Children, Youth and Families Act 2005.

46Guardianship of child awaiting adoption
(1)Where each person whose consent to the adoption of a child is required under section 33 has consented to the adoption of the child or the consent has been dispensed with under this Act, the Secretary or, where an approved agency is authorized to make arrangements with a view to the adoption of the child, the principal officer of that agency, shall be the guardian of the child for all purposes (other than the purposes of section 33) to the exclusion of all other persons until—
(a)an adoption order is made in respect of the child;
(b)the Secretary or principal officer renounces guardianship of the child under subsection (4);
(c)the Secretary or principal officer by writing under the hand of the Secretary or principal officer releases the child to the parents or to one of the parents of the child;
(d)in the case of any consent so given, the instrument of consent is lawfully revoked;
(e)where the Secretary or principal officer has given notice under section 38 to each person who has given consent, at the expiration of 140 days after the Secretary or principal officer gave the notice or notices; or
(f)the Court, by order, makes other provision for the guardianship of the child.

(2)Except where a child is on placement with a view to adoption, a release in writing of a child under subsection (1) to the parents or to one of the parents of the child revokes any consent given by the parents or either of them to the adoption of the child.
(3)Subsection (1) does not apply to or in relation to—
(a)a child the adoption of whom by a spouse or domestic partner of a parent of the child or by a relative, or by a relative and the spouse or domestic partner of the relative, of the child is being negotiated or arranged; or
(b)a child who is the subject of a care by Secretary order or long-term care order within the meaning of the Children, Youth and Families Act 2005 or who is under the guardianship of a person by reason of provisions of an Act of another State or ofa Territory corresponding to the provisions of the Children, Youth and Families Act 2005 by reason of which a child may be such a ward.

(4)Where the Secretary or a principal officer of an approved agency receives from an officer in another State or a Territory whose powers, functions and duties correspond with those of the Secretary or principal officer under this Act—
(a)a notice that application will be made in that State or Territory under provisions corresponding with this Act for the adoption of a child who is under the guardianship of the Secretary or a principal officer by virtue of the provisions of subsection (1); and
(b)a request that the Secretary or principal officer renounce guardianship of the child—

the Secretary or principal officer may, if the consent has become irrevocable and the Secretary or principal officer thinks it in the best interests of the child so to do, by instrument in writing signed by the Secretary or principal officer renounce guardianship of the child.
(5)Forthwith after signing an instrument of renunciation under subsection (4), the Secretary or principal officer shall send the instrument by certified mail to the officer in the other State or Territory together with the consent to adoption executed in Victoria with respect to the child by virtue of which the Secretary or principal officer is the guardian of the child and shall thereupon cease to be guardian of the child for the purposes of this Act.
(6)Where application is to be made under this Act for the adoption of a child who is under the guardianship of some officer or person in another State or in a Territory pursuant to provisions corresponding with the provisions of this Division whose powers, functions and duties correspond with those of the Secretary under this Act or of the principal officer of an approved agency, the Secretary or principal officer may notify such officer or person of the application and request the officer or person in writing to renounce guardianship of the child and to forward to the Secretary or principal officer for use in the proceedings on the application the consent executed in that State or Territory with respect to the child.
(7)Upon receiving from any such officer or person an instrument in writing executed by such officer or person renouncing the guardianship of a child referred to in subsection (6) the Secretary or principal officer shall become and be the guardian of the child in all respects as if the consent to adoption executed in that State or Territory and forwarded with the instrument of renunciation were a consent given in accordance with Division 3 in Victoria on the day the consent purports to have been signed and attested in that State or Territory.

2. Article 23 applies to the decision converting the adoption.

CHAPTER VI—GENERAL PROVISIONS

Article 28

The Convention does not affect any law of a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibits the child's placement in, or transfer to, the receiving State prior to adoption.

Article 29

There shall be no contact between the prospective adoptive parents and the child's parents or any other person who has care of the child until the requirements of Article 4, sub-paragraphs a to c, and Article 5, sub-paragraph a, have been met, unless the adoption takes place within a family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin.

Article 30

1. The competent authorities of a Contracting State shall ensure that information held by them concerning the child's origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.

2. They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.

Article 31

Without prejudice to Article 30, personal data gathered or transmitted under the Convention, especially data referred to in Articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted.

Article 32

1. No one shall derive improper financial or other gain from an activity related to an intercountry adoption.

2. Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.

3. The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.

Article 33

A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken.

Article 34

If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.

Article 35

The competent authorities of the Contracting States shall act expeditiously in the process of adoption.

Article 36

In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units—

aany reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
bany reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;
cany reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit;
dany reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.

Article 37

In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.

Article 38

A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.

Article 39

1. The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.

2. Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

Article 40

No reservation to the Convention shall be permitted.

Article 41

The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.

Article 42

The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.

CHAPTER VII—FINAL CLAUSES

Article 43

1. The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.

2. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Article 44

1. Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1.

2. The instrument of accession shall be deposited with the depositary.

3. Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

Article 45

1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

2. Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

3. If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.

Article 46

1. The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43.

2. Thereafter the Convention shall enter into force—

afor each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;
bfor a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article.

Article 47

1. A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.

2. The denunciation takes effect on the first day of the month following the expirations of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.

Article 48

The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following—

athe signatures, ratifications, acceptances and approvals referred to in Article 43;
bthe accessions and objections raised to accessions referred to in Article 44;
cthe date on which the Convention enters into force in accordance with Article 46;
dthe declarations and designations referred to in Articles 22, 23, 25 and 45;
ethe agreements referred to in Article 39;
fthe denunciations referred to in Article 47.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.

DONE at The Hague, on the 29th day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.

═══════════════

ENDNOTES

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Adoption Act 1984 was assented to on 13 November 1984 and came into operation as follows:

Sections 1, 2, 3(2), 4, 5, 9, 82–93, 101–104, 130 on 15 April 1985: Government Gazette 27 March 1985 page 781; sections 68, 79, 94–100, 112, 113 on 18 December 1985: Government Gazette 18 December 1985 page 4641; rest of Act on 16 November 1987: Government Gazette 28 October 1987 page 2880.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Adoption Act 1984 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Administrative Appeals Tribunal Act 1984, No. 10155/1984

Assent Date: 20.11.84

Commencement Date: S. 80 on 18.11.87: Government Gazette 18.11.87 p. 3138

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985

Assent Date: 10.5.85

Commencement Date: 31.10.86: Government Gazette 29.10.86 p. 4114

CurrentState: All of Act in operation

Adoption (Amendment) Act 1986, No. 3/1986

Assent Date: 25.3.86

Commencement Date: 16.11.87: Government Gazette 28.10.87 p. 2880

CurrentState: All of Act in operation

Community Services Act 1987, No. 16/1987

Assent Date: 12.5.87

Commencement Date: S. 4(3)(Sch. 1 item 1(a)(b)) on 22.2.89: Government Gazette 22.2.89 p. 386

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date: 20.10.87

Commencement Date: 2.11.87: Government Gazette 28.10.87 p. 2925

CurrentState: All of Act in operation

Adoption (Amendment) Act 1987, No. 67/1987

Assent Date: 24.11.87

Commencement Date: Ss 1–7, 9–13 on 22.12.87: Special Gazette (No. 59) 22.12.87 p. 1; s. 8 on 1.1.89: Government Gazette 21.12.88 p. 3798; s. 14 on 25.1.89: Government Gazette 25.1.89 p. 146

CurrentState: All of Act in operation

Children and Young Persons Act 1989, No. 56/1989 (as amended by No. 93/1990)

Assent Date: 14.6.89

Commencement Date: S. 286(Sch. 2 item 1.2) on 30.9.92: Government Gazette 26.8.92 p. 2470

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date: 14.6.89

Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

CurrentState: All of Act in operation

Adoption (Amendment) Act 1989, No. 69/1989

Assent Date: 28.11.89

Commencement Date: S. 11(2) on 15.3.89: s. 2(2); rest of Act on 6.12.89: Government Gazette 6.12.89 p. 3128

CurrentState: All of Act in operation

Children and Young Persons (Amendment) Act 1992, No. 69/1992

Assent Date: 24.11.92

Commencement Date: S. 34 on 29.1.93: Government Gazette 28.1.93 p. 174

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Medical Practice Act 1994, No. 23/1994

Assent Date: 17.5.94

Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672

CurrentState: All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date: 31.5.94

Commencement Date: S. 3(Sch. 1 item 1) on 7.7.94: Government Gazette 7.7.94 p. 1878

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Legal Practice Act 1996, No. 35/1996

Assent Date: 6.11.96

Commencement Date: S. 453(Sch. 1 item 4) on 1.1.97: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Births, Deaths and Marriages Registration Act 1996, No. 43/1996

Assent Date: 26.11.96

Commencement Date: S. 65(Sch. item 1) on 2.10.97: Government Gazette 2.10.97 p. 2731

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Commonwealth Powers (Family Law-Children) (Amendment) Act 1997, No. 59/1997

Assent Date: 5.11.97

Commencement Date: S. 6 on 1.11.98: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997

Assent Date: 25.11.97

Commencement Date: Pt 2 (ss 3–13) on 3.3.98: Government Gazette 26.2.98 p. 418

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)

Assent Date: 26.5.98

Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98

Commencement Date: S. 311(Sch. 1 item 3) on 1.7.98: Government Gazette 18.6.98 p. 1512

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Adoption (Amendment) Act 2000, No. 32/2000

Assent Date: 6.6.00

Commencement Date: Ss 4–18 on 1.1.02: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04

Commencement Date: S. 117(1)(Sch. 3 item 3) on 5.4.05: Government Gazette 31.3.05 p. 602

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date: 24.5.05

Commencement Date: S. 18(Sch. 1 item 3) on 12.12.05: Government Gazette 1.12.05 p. 2781

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Health Professions Registration Act 2005, No. 97/2005

Assent Date: 7.12.05

Commencement Date: S. 182(Sch. 4 item 2) on 1.7.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date: 15.8.06

Commencement Date: S. 42(Sch. item 1) on 23.4.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10

Commencement Date: S. 51(Sch. item 3) on 1.7.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Statute Law Revision Act 2011, No. 29/2011

Assent Date: 21.6.11

Commencement Date: S. 3(Sch. 1 item 3) on 22.6.11: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Adoption Amendment Act 2013, No. 25/2013

Assent Date: 15.5.13

Commencement Date: 1.7.13: s. 2(2)

CurrentState: All of Act in operation

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date: 25.3.14

Commencement Date: S. 160(Sch. 2 item 3) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State: This information relates only to the provision/s amending the Adoption Act 1984

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date: 9.9.14

Commencement Date: S. 161 on 1.3.16: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Adoption Amendment Act 2015, No. 32/2015

Assent Date: 25.8.15

Commencement Date: Ss 4–10 on 26.8.15: s. 2

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Adoption Amendment (Adoption by Same-Sex Couples) Act 2015, No. 68/2015

Assent Date: 15.12.15

Commencement Date: Ss 4–16 on 1.9.16: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Adoption Act 1984

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18

Commencement Date: S. 68(Sch. 2 item 2) on 1.3.19: s. 2(2)

Current State: This information relates only to the provision/s amending the Adoption Act 1984

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date: 31.5.22

Commencement Date: Ss 51–53, 55, 56 on 1.6.22: s. 2(1); ss 57–60 on 5.10.22: s. 2(3); s. 54 on 5.4.23: s. 2(4); ss 48–50 on 5.10.23: s. 2(5)

Current State: This information relates only to the provision/s amending the Adoption Act 1984

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date: 20.5.25

Commencement Date: Ss 3, 5 on 21.5.25: s. 2(1); ss 4, 6, 7 on 9.9.25: Special Gazette (No. 455) 26.8.25 p. 1

Current State: This information relates only to the provision/s amending the Adoption Act 1984

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

[1] S. 4(1) def. of Commonwealth Central Authority: Regulation 5 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth provides that the Secretary to the Commonwealth Attorney-General's Department is the Commonwealth Central Authority.

[2] S. 4(1) def. of Convention country: As at 17 June 2025, Convention countries within the meaning of paragraph (a) of the definition are Albania, Andorra, Austria, Azerbaijan, Belarus, Belgium, Bolivia, Brazil, Bulgaria, Burkina Faso, Burundi, Canada (in relation only to the provinces and territories of Alberta, British Columbia, Manitoba, New Brunswick, Prince Edward Island, Saskatchewan, the Yukon Territory, Northwest Territories, Nova Scotia, Nunavut and Ontario), Chile, China, Colombia, Costa Rica, Cyprus, Czech Republic, Denmark (other than Faroe Islands and Greenland), Ecuador, El Salvador, Estonia, Finland, France (other than the overseas territories), Georgia, Germany, Guatemala, Guinea, Hungary, Iceland, India, Israel, Italy, Latvia, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, the United Kingdom of Great Britain and Northern Ireland (extended to the territory of the Isle of Man), Uruguay and Venezuela.

[3] S. 4(1) def. of Convention country: As at 17 June 2025, Convention countries within the meaning of paragraph (b) of the definition are Angola, Armenia, Belize, Benin, Botswana, Cabo Verde, Cambodia, Congo, Côte d'Ivoire, Croatia, Cuba, Dominican Republic, Eswatini, Fiji, Ghana, Greece, Guyana, Haiti, Honduras, Ireland, Kazakhstan, Kenya, Kyrgyzstan, Lesotho, Liechtenstein, Madagascar, Mali, Montenegro, Namibia, Niger, North Macedonia, the Republic of Korea, Rwanda, Saint Kitts and Nevis, Senegal, Serbia, Seychelles, Togo, Türkiye, the United States of America, Viet Nam and Zambia.

[4] S. 69F(1): Section 53 and subsequent sections provide for the effect of adoption orders.

[5] S. 69V: See note 4.

Assent Date:	20.11.84
Commencement Date:	S. 80 on 18.11.87: Government Gazette 18.11.87 p. 3138
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	10.5.85
Commencement Date:	31.10.86: Government Gazette 29.10.86 p. 4114
CurrentState:	All of Act in operation

Assent Date:	25.3.86
Commencement Date:	16.11.87: Government Gazette 28.10.87 p. 2880
CurrentState:	All of Act in operation

Assent Date:	12.5.87
Commencement Date:	S. 4(3)(Sch. 1 item 1(a)(b)) on 22.2.89: Government Gazette 22.2.89 p. 386
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	20.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
CurrentState:	All of Act in operation

Assent Date:	24.11.87
Commencement Date:	Ss 1–7, 9–13 on 22.12.87: Special Gazette (No. 59) 22.12.87 p. 1; s. 8 on 1.1.89: Government Gazette 21.12.88 p. 3798; s. 14 on 25.1.89: Government Gazette 25.1.89 p. 146
CurrentState:	All of Act in operation

Assent Date:	14.6.89
Commencement Date:	S. 286(Sch. 2 item 1.2) on 30.9.92: Government Gazette 26.8.92 p. 2470
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	28.11.89
Commencement Date:	S. 11(2) on 15.3.89: s. 2(2); rest of Act on 6.12.89: Government Gazette 6.12.89 p. 3128
CurrentState:	All of Act in operation

Assent Date:	24.11.92
Commencement Date:	S. 34 on 29.1.93: Government Gazette 28.1.93 p. 174
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	17.5.94
Commencement Date:	Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
CurrentState:	All of Act in operation

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 item 1) on 7.7.94: Government Gazette 7.7.94 p. 1878
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 4) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	26.11.96
Commencement Date:	S. 65(Sch. item 1) on 2.10.97: Government Gazette 2.10.97 p. 2731
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	5.11.97
Commencement Date:	S. 6 on 1.11.98: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	25.11.97
Commencement Date:	Pt 2 (ss 3–13) on 3.3.98: Government Gazette 26.2.98 p. 418
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 3) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	6.6.00
Commencement Date:	Ss 4–18 on 1.1.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 3) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 3) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 2) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	15.8.06
Commencement Date:	S. 42(Sch. item 1) on 23.4.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 3) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 3) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	15.5.13
Commencement Date:	1.7.13: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 3) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	9.9.14
Commencement Date:	S. 161 on 1.3.16: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	25.8.15
Commencement Date:	Ss 4–10 on 26.8.15: s. 2
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	15.12.15
Commencement Date:	Ss 4–16 on 1.9.16: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Adoption Act 1984

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 2) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Adoption Act 1984