Adoption Act 1994 (WA)

Western Australia

Western Australia

Adoption Act 1994

An Act to make provision for the adoption of persons and for the parties to adoptions and their relatives to have access to information about the parties, to repeal the Adoption of Children Act 1896, and for related purposes.

This Act may be cited as the Adoption Act 1994.

The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation.

• (1)

  The paramount considerations to be taken into account in the administration of this Act are —

  • (a)

    the welfare and best interests of a child who is an adoptee or a prospective adoptee; and

  • (b)

    the principle that adoption is a service for a child who is an adoptee or a prospective adoptee; and

  • (c)

    the adoption of a child should occur only in circumstances where there is no other appropriate alternative for the child.

• (2)

  It is acknowledged that adoption is not part of Aboriginal or Torres Strait Island culture and that therefore the adoption of a child who is an Aboriginal person or a Torres Strait Islander should occur only in circumstances where there is no other appropriate alternative for that child.

[Section 3 inserted: No. 8 of 2003 s. 4.]

• (1)

  In this Act, unless the contrary intention appears —

Aboriginal person means a person who is a descendant of Aboriginal people of Australia;

access, in relation to information, includes the inspection of a document containing the information and the receipt of a document or extract or copy of a document that contains the information;

adoptee means a person who is adopted under an adoption order;

adoption applications committee means the committee appointed under section 12;

adoption authority means a person, body or office in an overseas jurisdiction responsible for approving the adoption of children;

adoption certificate, in relation to an adoption, means a certificate or other document issued by an adoption authority in the overseas jurisdiction in which the child to whom the certificate relates was habitually resident before being adopted, stating that —

• (a)

  the adoption took place in accordance with the laws of that overseas jurisdiction; and

• (b)

  the CEO, or a person or a delegate of a person whose functions in another State or a Territory correspond with those of the CEO under this Act, agreed that the adoption may proceed;

adoption compliance certificate means a certificate that is referred to in Article 23 of the Hague Convention;

adoption order means an order for the adoption of —

• (a)

  a child under section 68(2); or

• (b)

  an adult under section 69(1); or

• (c)

  a child under section 78A(2);

adoption plan has the meaning given by section 46(2), whether the provisions of the plan are agreed between the parties to the…