Adoption of Children Act 1967 (SA)

SOUTH AUSTRALIA

ADOPTION OF CHILDREN ACT, 1967

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 31 July 1986.

The Commissioner ofStatute Revision is authorized by the Acts Repub- lication Act, 1967, to make textual alterations of various kinds to an Act in preparing it for reprint. These alterations do not a fSe the substantive law; they are designed to bring the form and language of the Act into conformity with contemporary standards of good drafting (so far as that object can be achieved without risk of semantic change).

Victoria Square, Adelaide.

A report has been prepared containing a comprehensive list of the textual alterations made under the Acts Republication Act, 1967, in the preparation of this reprint. Copies of the report are available, on request, fvom the ofice of the Commissioner of Statute Revision, 11th Floor, S.G.I.C. Building,

Adoption of Children Act, 1967

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

I. Shon title

4.          lnterprctation

PART I1

JURISDICTION

5.         Jurisdiction

6.          Cascs in which jurisdiction may be exercised

7. Adoption order not to be made if previously refused except in exceptional circumstances

8.         Jurisdiction to be founded on the statute rather than common law

PART 111

ADOPTIONS UNDER THIS ACT

DIVISION I-GENERAL

9. Welfare and interests of child to be paramount

10.         Who may be adopted

I I.	Persons in whose favour adoption orders may be made
I?.	Age of adopters
13.	C o w to be satisfied as to cenain matters
14.	Procedure governing applications for adoption orders
15.	Notice of application for adoption order
16.	Notice of application for adoption order to be given to Director-General
17.	Panies
18.	Powers of court
19.	Care of child after refusal of application
20.	Discharge of adoption orders
Consents of parents and guardians required The giving of consents Consents given under law of another Statc or a Territory of the Commonwealth Revocation of consent Form of consents Defective consents Coun may dispense with consents Consent of child
Guardianship of child awaiting adoption DIVIS~ON &EFFECT OF AWPTION ORDERS
30.	General effect of adoption orders
31.	Effect of order as to disposition of propen?. etc.
32.	Names of adopted child
34.	Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given

PART IV

RECOGNITION OF ADOPTIONS

38.          Recognition of Australian adoptions

39.          Recognition of foreign adoptions

40.          Declaration of validity of foreign adoptions

Adoption of Children Act, 1967

PART V

OFFENCES

Section

41.          Territorial application of Pan

42.          Taking away, etc.. of adopted child by natural parent

43.          Harbouring child taken from adopters

44.         Payments in consideration of adoptions. etc.

45.         Restriction on advertising. etc.

46.         Restriction on publication of identity of parties

47.         Penalty for making unauthorized arrangements for adoptions

48.         False statements in applications. etc.

49.          Impersonation

50.          Presenting forged consent

51.          Improperly witnessing consent

52.         Authority to prosecute

53.         General penalty

54.         Summary proceedings

PART V1

MISCELLANEOUS

Adopted Children Register

Registration of adoption orders

Sending of memoranda of orders to other States and to Territories of the Commonwealth

Paniculars of orders received from other States

Application for approval of adoption agency

Director-General may grant or refuse application

Principal oficer of private adoption agency

Revocation or suspension of approval

Appeal against refusal. revocation or suspension

Notice of approval to be published in Gazerre

Hearing to be in camera

Contents of report not to be disclosed

Restriction on inspection of records

Costs

Uncertainty as to date of birth no bar to proceedings under this Act

Proof of adoptions

Judicial notice of signatures

Establishment of Adoption Panel

Functions of panel

Regulations

ADOPTION OF CHILDREN ACT, 1967

being

Adoption of Children Ad. 1967. No. 12 of 1967 [Assented to 6 April 19671'

as amended by

Age of Majorily (Reduction) Act. 1971. No. IS of 1971 [Aswnted la 8 April 19711';

Adoption of Children Act Amendment Act. 1975. No. 89 of 1975 [Amnted to 20 November 19751':

Adoption of Children Act Amendment Act. 1976. No. 65 of 1976 [Arwnted to 25 November 19761:

Adoption of Children Act Amendment An. 1978. No. 29 of 1978 [hwnted to 30 March 19781';

Statutes Amendment <Change of Name) Act, 1980. No. 69 of 1980 [Assented to 13 November 19801';

Adoption of Children Acl Amendment Act. 1980. No. 79 of 1980 [Arwnted lo 27 November l980lb;

Family Relationships Act Amendment An. 1984, No. 102 of 1984 [Arsented lo 20 December 19841':

and

Slslule Law Revision Act. 1986. No. 14 of I986 [Aswnted to 20 March 1986fa.

An Act to eonsolidate and amend the law relating to the adoption of children b., ,I<&

8mt"dd h t 1.4.

and for related purposes; and to repeal the Adoption of Children Act, 19% %.3(l)lI%t

1925. Sehrd.).

BE IT ENACTED by the Governor of the State of South Australia, with

the advice and consent of the Parliament thereof. as follows:

PART I

PRELIMINARY

1. This Act may be cited as the "Adoption of Children Act, 1967".

S ~ O ~, ~, I ~.

S. I m m d 4 by

14,1984r3IIl

(111 Sehd.).

*	*	*	*	*	*	*	*	*	*	S.2 smtc.ded by
65. 1976. r. $
m p n M bt 14.
1%. $.3(11(t%t

Sehrd).

*	*	*	*	*	*	*	*	*	*	S.3 rrp.14 by
(13, %W.l. 14 1986.5.3(1l

4. (1) In this Act, unless the context otherwise requires- intcmww~ion.

"Adopted ChiIdren Register" means the Adopted Children Register established and maintained under the repealed Act and continued and kept for the purposes of this Act:

1 Came into operation 2 November 1967: Gar. 2 November 1967, p. 1964.

'Came into operation IS April 1971: Gor I5 April 1971. p. 1598.

'Came inlo operation 29 January 1976: Gor. 29 January 1976. p. 356.

'Came into operation 10 August 1978: Go:. 10 August 1978, p. 467.

)Came into ~per8li0" I July 1981: Gar. 25 June 1981. p. 1896. *Came inla operation 25 July 1985: Gas 25 July 1985. p. 210. 'Came into operation 14 February 1985: Gcz. 14 February 1985. p. 366.

'Came intooperation (cxcepl Third. Faunh and Sixth Schedules) 31 July 1986: Goz. 17 July 1986, p. 269.

Adoption of Children Act, 1967

"adoption order" means an order for the adoption of a child under this Act and, where applicable, includes an order for the adoption of a child under the repealed Act:

* * * * * * * * * *

hf. unlndcd h) "child" means a person who has not attained the age of 18 years or

IS. 1971. r..I(I)

1Schl.d. P"., 11).

a person who has attained that age in respect of whom an

adoption order is sought or has been made:

hl. inscrtd hy "child born outside mamage" includes a child born to a mamed ceedings relating to an application for an adoption order, or in relation to proceedings incidental to such an application, means a court of a kind referred to in section 5; and, where applicable, includes a court or other authority of any other State or of a Tenitory of the Commonwealth which has jurisdiction to make an order for the adoption of a child in that State or Territory:

89, 1975, s. 3 (ah

,"hStil"ld h)	woman of which a man other than her lawful spouse is the father:
In?. 1981. s.841)

1Schd. Pvrt I).

"country" includes part of a country:

"court", in relation to the making of an adoption order or to pro-

hf. ruhrlitutd "the Director-General" means the person for the time being holding,

h) 65. 1976.

3 .3 (dl.

or acting in, the o a c e of Director-General of Community Wel-

fare under the Community Welfare Act, 1972:

"disposition of property" includes the grant or exercise of a power of

appointment in respect of property:

bl. or "l~(.lht,"

rolrmlrd by 89.

1975. 1.3 (hl.

"general consent" means a consent of a kind referred to in section

22 (1):

"guardian", in relation to a child, includes-

(a) a person having the custody of the child' pursuant to an order of a court of competent jurisdiction made under a law of the Commonwealth or of a State or Temtory of the Commonwealth;

and

(b) 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 of the Commonwealth:

Drl. nl -1nturirn

ordo." rewaled

h) 65. 1976.

~. 3 ( h ).

"principal officer", in relation to a private adoption agency, means the person specified as the principal officer in the application for its approval as a private adoption agency or the person specified as its principal officer in the latest notice given to the Director- General by the agency:

"private adoption agency" means an organization for the time being

approved as a private adoption agency under Part VI:

Adoption of Children Act, 1967 3

*	*	*	*	*	*	*	*	*	*	vet of
""~"?*,ionr-
rrpe;,lcd h 11. 1986. s. 3 i l ) i l ~ t Schrd.1.

"relative", in relation to a child, means a grandparent, brother, sister, g;1;7444;,:$,	uncle or aunt of the child, whether the relationship is of the
whole blood or half blood or by affinity:

"the repealed Act" means the Adoption of Children Act, 1925:

"Temtory of the Commonwealth" includes any Temtory under the

trusteeship of the Commonwealth.

(2) Where the holder of an office that is established by or under any other Act is referred to in this Act and the holder of that office has power (with or without the approval of some person) to delegate to another person all or any of his powers and functions under that Act-

(a) the powers and functions that may be so delegated shall be deemed to include the powers and functions of the holder of that office under this Act, and any of those powers and functions under this Act may be delegated in the manner provided by that other Act;

and

(b) in relation to a power or function so delegated, a reference in this

Act to the holder of that office shall be read as including a reference to the delegate.

(3) A person shall not be recognized under this Act as the father of a S V ~ S. ,. ~,

child born outside marriage unless he is so recognized under the provisions ?%?:3b:;?

of the Family Relationships Act, 1975.

PART I1

JURISDICTION

5. Subject to this Act, any of the following courts has jurisdiction to ~ ~, i, ~ i, ~ i ~ ~.

hear and determine an application under this Act for an adoption order: ~; ~; : ~; ~ ~ 3 11, 1986, 8.3 (11

(a) the Children's Court of South Australia constituted of a Judge;	('""hed.l.
(b) a local court of full jurisdiction;

(c) a court of summary jurisdiction constituted of a magistrate and 2 justices (at least 1 of the 3 being a woman and 1 a man).

6. (1) A court shall not make an order under this Act for the adoption ~ ~ ~ ~ ~, i ~, ~ h i ~ h ,u",cilon may

of a child unless- be excicired.

(a) at the time of the filing in the court of the application for the

order the applicant, or (in the case of joint applicants) each of

the applicants, was resident or domiciled in the State;

and

(b) the child was present in the court at such time or times during

the hearing of the application as required by the court and is present in the State at the time when the adoption order is made.

(2) For the purposes of subsection (I), where the court is satisfied that

an applicant was resident or domiciled in the State on a date within 21 days

4   Adoption of Children Act, 1967

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 the State at the time of the filing of the application in the court.

A ~ O P, ~ U ~ ,>V~V, 7. A court shall not, unless it is satisfied that there are exceptional

not lo hr made i l

, U circumstances which warrant its doing so, make an order under this Act in

'>"Pi in

,,,,,,i,,,,	favour of any person or persons for the adoption of a child if that court or
cirrumnnnier.
any other court in the State or any court in any other State or in a Territory of the Commonwealth has previously refused to make an order for the adoption of that child by that person or those persons.

~ ~ ~ i ~ d i ~ ~ i ~ ~ lo bu 8. The jurisdiction or power of a court to make an adoption order is

founded an ih"

,,,,,,,	not dependent on any fact or circumstance not expressly specified in this
tho" cosmo,,
law.	Act.

PART I11

ADOPTIONS UNDER THIS ACT

WCII~,W an* 9. For all purposes of this Part, the welfare and interests of the child

in l~ r~s lx o l ~ h i l l l

,,hi ,,a,3n,ouni. concerned shall be regarded as the paramount consideration.

WI,,> mi,> b<	10. (1) Subject to this Act, a court may make an order under this Act for the adoption of a person who-
ado~trd.

Para. Crl rmundrd	(a) had not attained the age of 18 years before the date on which the
h) 15. 1971. r .4

(11 ~ ~ c h r d.	rvrt	application was filed in the court;
111.

par.. (h) .mmdrd (b) has been brought up, maintained and educated by the applicant

h) 69. 1976. 5.1.

or by either or both of the applicants or by the applicant and

a deceased spouse of the applicant as his or their child.

(2) An order may be made under this Act for the adoption of a child

~ ~ h, ~ ~. (31

smrndvd h> 14.

1 9 b. s ( ( notwithstanding that the child has previously been adopted in the State or

Schd.). elsewhere.

pCrSUns in, W I, ~, ~, 11. (1) Except as provided in this section, an adoption order must be

&,.our adopiion

,,d,,,	,,,, h.	made in favour of a husband and wife jointly.
-~.A.

nu*""<.

subscr. 12) (2) Subject to subsections (3), (4) and (6), where the court is satisfied (3) Except as provided in subsection (4), the court shall not make an adoption order in favour of 1 person if that person is married and is not living separately and apart from his or her spouse.

~mrridrd h) 65.

1976. ..i.

that in the particular circumstances of the case it is desirable so to do, the

court may make an adoption order in favour of 1 person.

suhsrr (1)	(4) Where a person (referred to in this section as "the parent") is a
rm*l,drd hy I?.

9 8 6, ~. ~ ) ~ ~	natural parent of a child or a parent of a child by adoption, the spouse of
5ehad.l.
the parent may, solely or jointly with the parent, make an application to a court under this Act for an order for the adoption of the child, and an order may be made by the court for the adoption of the child by the spouse or jointly by the spouse and the parent.

Suhser. (5)	(5) When an order is made under subsection (4) for the adoption of
ommded h? If.

Srbd.1. l 9 8 6. 3 1 1 1 1 ~ the child by the spouse, or jointly by the spouse and the parent, the spouse

Adoption of Children Act, 1967

shall be deemed to be a parent of the child jointly with the parent as if the child had been born to them in lawful wedlock but, notwithstanding anything contained in section 30-

(a) the child does not cease to be a child of the parent and that parent ;~i!;;s"~;d;d

does not cease to be a parent of the child; 11) (lst SC<~~:I.

(b) the relationship between the child and that parent is not deter- ~ ~ ~ =. c b ). ~ ~ a ~ ~ by 14. 1986 r. 3

mined; (1) (I* S C ~ P ~. ).

(c) that parent was the guardian of the child, the order does not have pare. ("1 .mcnea by 14. 1986. 5.3

the effect of terminating the guardianship; 11) (IS, s ~ L F ~. )

and

(d) if the child was the adopted child of that parent, the order does ~ ~ ~ ~ . c d ~ ~ ~ ~ e ~ a

by 14. 1986. r.3

not have the effect of terminating the adoption. 11) ( I ~, s~h~4.1.

(6) The court shall not make an adoption order under this Act in favour of 1 person if that person is married except with the consent of his or her spouse.

(7) The consent of a spouse as required by subsection (6) shall be given

in evidence before the court, the evidence shall be given in private and the

applicant shall not then be present.

12. A court shall not make an order under this Act for the adoption of a, or ,dopwrs.

a child in favour of a person who or persons either of whom-

(a) has not attained the age of 18 years;	para. (*I
omendud by 15.
1971, s. 4 (I)
or	(Srhed. Part Ill.

(b) being a male person, is less than 18 years older than the child or, being a female person, is less than 16 years older than the child,

unless the person, or either of the persons, is a natural parent of the child or the court considers that there are exceptional circumstances that justify the making of the adoption order.

13. (1) A court shall not make an order under this Act for the adoption ceun lo bc

rrll8ficd as lo

of a child unless, after considering such report (if any) concerning the ,nainms,<crs.

proposed adoption as may, under section 16 (2), be made to the court by f;%;;jvy

the Director-General, or some other officer of the Department for Com- ~ ?; \ ~ ~ i b, .

munity Welfare, and any other evidence before the court, the court is

satisfied that-

(a) the applicant or (in the case of joint applicants) each of the applicants is of good repute and is a fit and proper person to have the care and custody of a child and to fulfil the respon- sibilities of a parent of a child;

(b) the applicant or (in the case of joint applicants) each of the applicants is a suitable person to adopt that child, having regard to all relevant matters, including the age, state of health, edu- cation (if any) and religious upbringing or convictions (if any) of the child and of the applicant or applicants, and any wishes that have been expressed by a parent or guardian of the child, in an instrument of consent to the adoption of the child, with respect to the religious upbringing of the child;

and

6 Adoption of Children Act,1967

(c) the welfare and interests of the child will he promoted by the

adoption.

suhver. (11 (2) Subsection (1) does not apply in relation to an order under

amendud b r 1% section 10 (1) for the adoption of a child who has attained the age of 18

, ,

(Schd. Pnrl I lk

6s.197Lr.6cr,. years before the date of the making of the order, but the court shall not

( b ). make an adoption order in such a case unless, after considering such report

(if any) concerning the proposed adoption as may, under section 16 (2), he made to the court by the Director-General or some other officer of the Department for Community Welfare, and any other evidence before the court, the court is satisfied that the applicant (or each of the applicants) is of good repute and that exceptional circumstances make it desirable that the child should be adopted.

SU~SCC. (31	(3) A report on behalf of the Director-General may be made by a
amended hs 65.

1 9, 6. . 6 j ,, person authorized in writing to make such a report (either generally or in a

1986, 9. 3 i l j (15,

~ch~d .1. particular case) by the Director-General.

Prwcduil'	14. (I) Subject to this Act, a court may make an adoption order under
~"lr,ning

i s 6, this Act upon application in writing in the appropriate prescribed form.

sdapti"" <>,dm.

Subrrr. (21

(2) Before the court hears an application for an adoption order, the

applicant or by each of the applicants (as the case may require), setting out

such matters as are prescribed.

alnendcd b? 1.1.

bhd.1. 1986.S.3(1)(1s1 applicant or applicants shall file in the court a statement signed by the

(3) Where any person or persons intends or intend to make an appli- cation for an order for the adoption of a child and that person desires, or those persons desire, that the application be dealt with in such a way that-

(a) the identities of the child and of the parents and guardians of the child are not to be disclosed to the applicant or applicants;

(b) the identity or identities of the applicant or applicants is not, or are not, to be disclosed to any parent or guardian of the child;

or

(c) the identities of the child and of the parents or guardians of the

child and of the applicant or applicants are not to be disclosed

to one another,

the application shall be made in such prescribed form and manner as are

appropriate.

(4) Where an application for an adoption order is made pursuant to

subsection (3)-

pan. [a) rmendcd	(a) the court shall, on the completion of the hearing, seal in an which contain any information as to the identities of the child and of the parents and guardians of the child and deliver the envelope into the custody of the Director-General, and no person shall thereafter he permitted to inspect any of those papers except by leave of a Judge or master of the Supreme Court;
by 65. 1976. s. 7;

14. 1%6. S. 3 (11	envelope all papers used in connection with the application
(1st Schd.),

Para. ib l amended	(6) an abridged copy of the order made as nearly as practicable in the prescribed form shall he handed by the court to the appli- cant or applicants, and no person shall be entitled to have or inspect a full copy of the order except by leave of a Judge or master of the Supreme Court;
b? 11. 1986. r. 3

11) (IS‘ ~cbd .1.

and

Adootion of Children Act. 1967

(c) no entry shall be made in the Adopted Children Register giving information as to the indentities of the former parents or guardians of the child.

15. (1) A court shall not make an order under this Act for the adoption of a child unless the applicant or the applicants for the adoption order has ,d,~,i,"

NO,^^ ?r

appl,"llon lor

",d,,.

or have given notice of the application in accordance with the regulations-

(a) to each person whose consent to the adoption of the child is

required under section 21 but whose consent has not been

given;

and

(b) to each 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 by or on behalf of the applicant Subser.12) amended by 65.

or applicants or by or on behalf of the Director-General, dispense with the 1976. ..a.

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 applicaton for an

adoption order be given to any person.

16. (1) The court to which an applicaton is made under this Act by t i~k ic tor ap~liialion for

any person other than the Director-General shall cause notice of the appli- .dop,ion	bC siven to
cation to he given to the Director-General at least 3 weeks before the hearing D	, rcetOr~~nen~.
of the application.	Subrec. mended 11) by 65.
1976, 3.9 12).

(2) The Director-General or some other officer of the Department for :;z;$;r 65,

Community Welfare authorized in writing by the Director-General may, 1976.1.9 c).w.

before the conclusion of the hearing of any application for an adoption

order, make a report in writing to the court concerning the proposed adop-

tion, and may appear at the hearing of any application made to a court

under this Act and any proceedings relating to the application and may

tender evidence, and may call, examine and cross-examine witnesses and

address the court before which the application is heard or the proceedings

are held on the whole of the evidence.

17. Where an application is made to a court for an adoption order or panics

for an order to dispense with the consent of any person, 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.

IS. Before making an adoption order under this Act, the court- powcrr Or cwn.

(a) may compel the attendance before it of any witness and, for that

purpose, may issue and cause to be served upon the witness a

summons in the prescribed form;

(b) shall take oral or written evidence, on oath or by declaration made para. ib)

by 14. 1986 s. 3

before any justice, in proof of, or concerning, any fact, matter (OII sf ~ lb&. ).

or thing required by this Act or by the court to be proved;

and

(c) may require to be produced to the court a certificate of a legally

qualified medical practitioner as to the results of a general

8 Adoptionof Children Act, 1967

medical examination of the child sought to be adopted, the applicant or applicants for the adoption order, the spouse of the applicant, or any of them, if the certificate was issued at any time within 3 months before the hearing of the application, or may require any such examination to be made and the certificate of the legally qualified medical practitioner by whom the examination is made to be produced to the court.

cote	cisrhi~d	19. Where the court refuses an application for an order for the adoption
a~icr	icrurri or

;	,	of a child, the court may, if the child is not under the guardianship of the
S.

,, 19 , , , vmlndrd , ,,, br Minister or the Director-General, make such order for the care and custody of the child as it thinks fit.

D ~ S ~ I S: ~ ~ ~ ~ ov 20. (1) The Supreme Court may make an order discharging an order if it is satisfied that-

odoplian "iderr.

S O ~ X C. 1 1 ) . made under this Act or under the repealed Act for the adoption of a child

l : l :d ! y ; ; ; ,*

ram. 11) ulnrndrd (a) the child has not attained the age of 18 years; tion order, was obtained by fraud, duress or other improper means.

b? IS. 1971. r.d ( I ) (Scbc#. Per, 11).

and

(b) the adoption order, or any consent for the purposes of the adop-

(2) The Supreme Court shall not make an order under this section if

it appears to the Court that the making of the order would be prejudicial to

the welfare and interests of the child.

(3) Where the Supreme Court makes an order discharging an adoption order that was made in reliance upon a general consent given under this Act or under the repealed Act, then, unless the Court otherwise orders, the general consent remains in operation for the purposes of any further appli- cation for the adoption of the child.

(4) Where the Supreme 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;

(6) the ownership of property;

(c) the custody or guardianship of the child;

and

Para. (dl ~ m m d c d	(d) the domicile of the child.
b? 7Y. I98<1. ,s. 5

(5) Upon the making of an order under this section discharging an order for the adoption of a chi1d;but subject to any order made under subsection (4) and to section 30 (4), 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 or anything unlawfully done;

or

(c) any right or interest that became vested in any person,

while the adoption order was in force.

Adoption of Children Act, 1967 9

DIV~SION 2-CONSENTS TO ADOPTIONS

21. (1) Subject to this Division, a court shall not make an order under c ~ n ~ ~ m ~ o r prmn!r nna

this Act for the adoption of a child unless consent (not being a consent that guard,ans	rquixa.
has been revoked) to the adoption has been given by the appropriate person or persons ascertained in accordance with the following provisions of this section, or the court is satisfied that there is no such appropriate person.

(2) In the case of a child who has not previously been adopted, the subsp.(z) >ubel%luirul by 89.

consent of every person who is a parent or guardian of the child is required	1975. r.4.
but, subject to subsection (3), the consent of the father of a child born outside mamage is not required unless his paternity of the child is recognized under the law of this State before-

(a) the expiration of 30 days after the day on which an instrument of consent to the adoption was signed by the mother;

or

(b) the day on which an order for the adoption of the child is made,

whichever is the earlier.

(3) Where a court before which an order for the adoption of a child is s.hseco) suMlilutrd by 89.

sought is satisfied, on the application of a person claiming to be the father 1 9 7 5. ~ 4.

of the child, that he has commenced proceedings under the Family

Relationships Act, 1975, for a declaration that he is the father of the child-

(a) the court shall stay the proceedings for a reasonable period to

enable the proceedings under the Family Relationships Act,

1975, to be determined;

and

(b) if, during that period, the person claiming paternity of the child

is adjudged under the Family Relationships Act, 1975, to be the father of the child, his consent is, subject to this Division, required for the adoption of the child.

(4) In the case of a child who has previously been adopted, the consent snax.(4) rvbrtifuld by 89.

of every person who is an adoptive parent or a guardian of the child is 1975,~.4.

required.

(5) The consent of a person under this section is not required if that person is the applicant, or one of the applicants, for the adoption order.

(6) This section does not apply in the case of a child who has attained s.bsec. (6) amended hy 15.

the age of 18 years before the making of the adoption order.	1971.s.4 (1)(2nd
Sch~d. Part 11).

21 shall be expressed as a consent to the adoption of the child by any person consents. 22. (1) Subject to subsection (2), a consent for the purposes of section rhC 01

or persons on whose application for an order for the adoption of the child an adoption order may be made under this Act in respect of the child, and every such consent shall be a valid consent notwithstanding that an appli- cation in respect of the adoption of the child has not been made or contem- plated or, if an application has been made, that the person who gave the consent does not know the identity of the applicant or applicants.

(2) Where the applicant is a parent or relative of the child or (in the case of joint applicants) at least 1 of the applicants is a parent or relative of the child, a consent for the purposes of section 21 may be a consent to the adoption of the child by the applicant or applicants only.

Adoption of Children Act, 1967

(3) Where a consent of the kind referred to in subsection (1) has been relied on in an application for an adoption order in respect of a child but the application has been refused by the court, the consent remains in operation for the purposes of any further application for the adoption of the child.

23. Where an application is made under this Act by a person for an adoption order in respect of a child, a consent to the adoption of the child given by a person in accordance with the law of another State or of a Territory of the Commonwealth that would be a valid and effective consent under that law if the application had been made in that State or Tenitory under that law shall, subject to section 7, be regarded as a valid and effective consent for the purpose of the application made under this Act.

24. (1) A consent to the adoption of a child given for the purposes of this Act by a person other than the child may be revoked, by notice in writing served on the Director-General, hefore-

(a) the expiration of 30 days after the day on which the instrument of consent was signed;

(b) the day on which an order for the adoption of the child is made,

whichever is the earlier, but may not otherwise be revoked

(2) Service of a notice on the Director-General under subsection (1)

shall be effected by delivering it to him personally or by sending it by

registered post to him at his off~ce in Adelaide.

25. (1) Subject to this section, a consent to the adoption of a child for the purposes of this Division shall be evidenced by an instrument of consent, substantially in accordance with the appropriate prescribed form signed by the person giving the consent and attested in accordance with the regulations.

(2) A consent referred to in section 22 (2) has no force or effect unless it is attested by the Director-General or a person authorized in writing by the Director-General to attest that consent or generally to attest such con- sents.

26. (1) A court shall not make an adoption order in reliance on a

consent given, or purporting to have been given, by a person (other than

the court that-	the child in respect of whom the adoption order is sought) if it appears to	(a) the consent was not given in accordance with this Act;
(b) the consent was obtained by fraud, duress or other improper

means;

(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, on

the date of the instrument of consent, in a fit condition to give

the consent or did not understand the nature of the consent;

Adoption of Children Act, 1967

(j,l in the case of the consent of a mother to the adoption of her child, 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 Svbse~.(zJ amlndrd by 14.

instrument of consent signed by the mother of the child on, or within 5 1986,~.311111s~	S<hCd.).
days after, the day on which the child was born unless the court is satisfied, on the certificate of a legally qualified medical practitioner or of a registered nurse, or by other adequate evidence, that, at the time the instrument of consent was signed, the mother was in a fit condition to give it.

27. (1) A court may, on application by or on behalf of the Director- counmry dirpenrc vilh

General, or by or on behalf of an applicant for an adoption order, by order, ,nsc.~s

dispense with the consent of a person (other than the child) to the adoption :	y	y	'	,	65.
of a child where it appears to the court-	1976. s. 14 In).

(a) that the person cannot, after reasonable enquiry, be found or

identified;

(b) that the person is in such a physical or mental condition as not to be capable of properly considering the question whether he should give his consent;

(c) that the person has abandoned, deserted or persistently neglected or ill-treated the child;

(d) that the person has, for a period of not less than 1 year, failed,

without reasonable cause, to discharge the obligations of a

parent or guardian (as the case may be) of the child;

or

(e) that there are other circumstances by reason of which the consent may properly be dispensed with.

(la)	Where-	subspr. 1 1 ~ )
inrenod by 65. 1976. s. I 4 (b).

(a) an application for an adoption order is supported by the Director-

General;

(b) the Director-General has certified in writing that the child in respect of whom the order is sought entered Australia otherwise than in the charge of a parent or adult relative who proposed to care for the child while in Australia;

(c) the child has been in the care of the applicant or applicants for

an adoption order for at least 12 months;

and

(d) the making of an adoption order in favour of the applicant or applicants would be in the best interests of the child,

no consent to the adoption is required.

(2) In order to facilitate the making of arrangements with a view to the subec. 12)

zmandrd by 65.

adoption of a child, the court may, on application by or on behalf of the im. .. I 4 ICI.

Director-General, 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, and any such order under this section has effect for the purposes of any application for an adoption order that may subsequently be made under this Act.

12 Adoption of Children Act,1967

subslr. (3)	(3) An order made by virtue of subsection (2) may, on the application of the Director-General or of 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.
rmtndrd hy 65.
1976.
28. (1) Subject to this Division, an order for the adoption of a child who has attained the age of 12 years shall not be made by a court unless the child has consented to the adoption or the court is satisfied that there are special reasons, related to the welfare and interests of the child, why the order should be made notwithstanding that the child has not consented to the adoption or that his consent has not been sought.

c~~~~~~ or ~i,iid.

(2) For the purpose of being satisfied as to any matter mentioned in subsection (l), the court shall question the child in private, and no parent or guardian of the child, or any applicant for the adoption order, shall then be present.

G".rdirnrhip "i	29. (1) Subject to this section, where every person whose consent to the adoption of a child (not being a child under the guardianship of the Minister) is required under section 21 has consented to the adoption of the child by means of a general consent or his consent has been dispensed with under this Act, or where the Director-General becomes the guardian of a child in pursuance of subsection (2), the Director-General shall be the guardian of the child for all purposes (other than the purposes of section 21 to the exclusion of all other persons until-
Child rwi t inp
rd"~,,"".

(a) an adoption order is made in respect of the child;

(b) in the case where a person has so consented to the adoption, the instrument of consent is lawfully revoked;

(c) a court of competent jurisdiction, by order, makes other provision for the guardianship of the child;

pm4. Id1	(d) the child is placed under the guardianship of the Minister;
ruhrfitatr$ by 65.
1976. s. 16 fcl:
14 1986.r.3(1l	Or
(1st Srhcd.1.
pzm. LC) inserted	(e) the child is placed in the custody of a parent of the child by the
b) 65. 1976. r. I6

(E).	Director-General.
s u m. (21

$v!ub*lituld D! 65.

1176. v. 16 (dl.	(a) an officer of another State or of a Temtory whose functions correspond to those of the Director-General under this Act has become the guardian of a child under a law of that State or Territory corresponding to this section;
(b) the consent to the adoption of the child held by that officer cannot be lawfully revoked by the person or persons by whom it was given;
(c) the Director-General is satisfied that the child is present in South

Australia;

(4 that oXicer has requested the Director-General to accept, and the to that officer, agreed to accept, guardianship of the child; Director-General has, by an instrument in writing forwarded

Adoption of Children Act, 1967

(e) under that law, that officer ceases, upon the execution by him of

an instrument renouncing his guardianship of the child, to be

the guardian of the child,

the Director-General, upon the execution of that instrument, becomes the

guardian of the child.

(2a) Where- subrre. (2n1 i n s e n d by 65,

1976. s. 16 Id).

(a) the Director-General is the guardian of a child under this section;

(b)	the consent to the adoption of the child cannot be lawfully revoked by the person or persons by whom it was given;
(c)	the Director-General is satisfied that the child is present in another State or in a Temtory of the Commonwealth;

(4 the Director-General has requested an officer of that State or General under this Act to accept, and that officer has, by an instrument in writing forwarded to the Director-General, agreed to accept, guardianship of the child;	Temtory whose functions correspond to those of the Director-
and

(e) under the law of that other State or Temtory, that officer will, upon the execution by the Director-General of an instrument in writing renouncing the Director-General's guardianship of the child, become the guardian of the child,

the Director-General may execute an instrument in writing renouncing guardianship of the child and, where he does so, shall forthwith forward the instrument to that officer.

(3) The Director-General may, upon such terms and conditions as he s.ks.c3) sncrndd by 65.

thinks fit, place any child of whom he is the guardian by virtue of this 1976.%.161Ek	14. 1986	3 1 1 s
section in the care of any person whom he considers suitable and who has	s h d. ). " '
agreed to have the child in his care.

(4) The fact that the Director-General is the guardian of a child under s-b,. (4)

~ l e n d d by 65.

this section does not affect the liability of any person to make adequate 1976s.161ab

provision for the maintenance of the child.

Divlsro~ &-EFFECT OF ADOPTION ORDERS

30. (1) For the purposes of the laws of this State, but subject to this ccoe,~~trxt or

sdoplion orden.

Act, upon the making of an adoption order-	subsw. 11)
amanded by 6s.

(a) the adopted child becomes a child of the adopter or adopters, and 1:p "I7 '").

the adopter becomes a parent, or the adopters become the parents, of the child as if the child had been born to the adopter or adopters in lawful wedlock;

(b) the adopted child ceases to be a child of any person who was a parent (whether a natural parent or a parent by adoption) of the child before the making of the adoption order, and any such person ceases to be a parent of the child;

(c) the relationship to one another of all persons (including the adopted child and an adoptive parent or former parent or former adop tive parent of the adopted child) shall be determined on the basis of the foregoing provisions of this subsection, so far as they are relevant;

14   Adoption of Children Act, 1967

P ~ id) rm.nd~d ~ ~ . (d) any existing guardianship of the adopted child ceases to have

by 65. 1976. s. t 7

lh). effect;

and

(e) any previous adoption of the child (whether effected under the law of this State or otherwise) ceases to have effect.

s ~ I, ~ ~ ~. 13 (2) The provisions of subsection (1)-

subsliluld b, Id.

1986.r .3I l l (1st

k h ~. ).	(a) apply in relation to adoption orders whether made before or after the commencement of this Act;
but
(b) do not have effect so as to deprive an adopted child of any vested or contingent proprietary right acquired by the child before the making of the adoption order.

(3) Where-

par*. (11 (a) one of the natural or adoptive parents of a child (whether born

rubstitlpd by 89,

197s. S. s IS). within or outside marriage) dies;

Para. lhl amended

b) 69. 1975. 5.5	(b) the surviving parent marries or remarries;
(h).
and
(c) the child is adopted by the surviving parent's spouse or by the surviving parent and that parent's spouse,

any property of any collateral or lineal next-of-kin of the deceased parent who dies intestate shall; notwithstanding subsection (I), devolve in all respects as if the child had not been so adopted.

(4) Notwithstanding subsection (I), for the purposes of any law of this State relating to a sexual offence, being a law for the purposes of which the relationship between persons is relevant, an adoption order, or the discharge of an adoption order, does not cause the cessation of any relationship that would have existed if the adoption order or the discharging order, as the case may be, had not been made, and any such relationship shall be deemed to exist in addition to any relationship that exists by virtue of the application of that subsection in relation to that adoption order or by virtue of the discharge of that adoption order.

S ~ ~ S ~ ~. ( 5 ) (5) Where-

$"briit"ted by 65.

1976. 5. 17 (ck

29. 1976. $.a.	(a) a child suffers from some physical or mental disability;
(b) the physical, mental or emotional attributes or characteristics of a child are such that it requires special care,

the Minister may enter into an arrangement with the prospective adoptive parents of the child under which he will contribute to the support of the child after its adoption.

Em?, or ,>,dC, as 31. (1) The provisions of section 30 (1) have effect in relation to

to di,posilion ai'

,,o,,,,r.,,,.

dispositions of property, whether by will or otherwise, and whether made

before or after the commencement of this Act, except that-

(a) those provisions do not affect a disposition of property by a

person who, or by persons any of whom, died before the

commencement of this Act;

and

Adoption of Children Act, 1967

(6) those provisions do not affect a disposition of property that has

taken effect in possession before the commencement of this

Act.

(2) The provisions of section 30 (1) do not apply in relation to an agreement or instrument (not being a disposition of property) made or executed before the commencement of this Act.

(3) Where- subsec. O)

aniendrrt by 1.1.

l986.~.3ir,Il%t

(a) before the commencement of this Act, a person made, by an eh.d.1.

instrument other than a will, a disposition of property;

(b) the disposition had not taken effect in possession before the commencement of this Act;

and

(c) it did not appear from the instrument that it was the intention of that person to include adopted children as objects of the dis- position,

that person may, notwithstanding that the instrument could not, apart from this subsection, be revoked or varied, vary the first mentioned instrument to exclude adopted children (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the instrument.

(4) In relation to a disposition of property by a person who, or by s.~s.c.I~) smund&d hg 14.

persons any of whom, died before the commencement of this Act, an 1986.~.311)il*~

adoption order made under this Act or the repealed Act has the same effect kh.d.1.

as if the repealed Act had continued in force and the adoption order had

been made under that Act.

( 5 ) Nothing in section 30 or in this section affects the operation of any provision in a will or other instrument (whether made or coming into operation before or after the commencement of this Act) distinguishing between adopted children and children other than adopted children.

32. (1) Subject to subsection (2), upon the making of an adoption order, Namcr adoged child.

the adopted child- suhrec. III

smended b) 65.

(a) shall have as his forename or forenames such name or names as ::;$:;: k:69.

the court, upon the application of the adoptive parent or adop- 198U.'.4'.

tive parents, approves and specifies in the adoption order;

and

(b) shall have as his surname-

(i) where there is only 1 adoptive parent and that person is

not mamed-the surname of that adoptive parent;

(ii) where there is only 1 adoptive parent and that person is mamed to a natural parent of the child-the surname of the adoptive parent, the surname of the natural parent, or a combined form of those surnames, which- ever is nominated by those parents;

(iii) where there are 2 adoptive parents-the surname of the

adoptive mother, the surname of the adoptive father, or a combined form of those surnames, whichever is nominated by those parents;

or

16 Adoption of Children Act,1967

(iv) in default of a nomination under subparagraph (ii) or (iii)--such surname as the court may specify in the adoption order.

(2) Where, before the making of the adoption .order, thei~bpiib;Lkhild , .. ,,,:,,,

has been generally known by a p'articulai surname, ihe court, !fie ,apjli;. ,, . ..,

cation of the adoptive parent or adoptive parents, may, i n the adoption

order, order that the child shall have that name as his surname.: " ':

(2a) Where, before the making of the adoption order, the ihopted'child

and the child is of qr,above the age of.12 years, the court sha11not~pprove

any change in that forename or those forenames unless th6 child'consents

to that change.

1976. r. (b), has been generally known by a particular forename, or particul~r forenames,

(3) Nothing in this section prevents the changing of any name of an

adopted child, after the making of the adoption order, in accordance with

the law of the State.

.. ... ,

34. (1) Notwithstanding any other provision

. ~ d order ~ ~ ~ i ~ ~

nor to nllccc &he

d;r,ribviiono~	personal representative may, subject to this secti
DioPcn? 4	distribute real or personal property to or among t
:	be entitled to the ,property without having ascert

""Is~s. notipc .;.

..,,. ., ;. adoption has been effected, o r a n adoption order has b

of whi&a persdn'isor is ndt entitled to aninterest in

,.

(2) A trustee or personal. representative who con

tributes real or personal property in the manner re

(1) is not liable to a person claiming directly or indirectly b

adoption ,Or an adoption order unless the trustee, or

had notice of the claim before the time of the

distribution.

(3) Nothing in this section prejudices the right of a person to follow

property into the hands of a person, other than a purchaser for value, who

has received it.

PART IV

RECOGNITION OF ADOPTIONS

R'COgnliiOn "I

A Y S M I, ~	38, For the purposes of the laws of this State, the adoption of a person (whether before or after the commencement of this Act) m another State or in a Territory of the Commonwealth in accordance with the law of that other State or Tenitory has, so long as it has not been rescinded under the law in force in that other State or Tenitory, the same effect as if it were an order for the adoption of that person made in this State on the date on which the adoption became effective, and has no other effect.
adopllQnl
Rco8"lllon or	39. (1) For the purposes of the laws of this State, the adoption of a person (whether before or after the commencement of this Act) in a country
foreign adoililonr

- Adoption of Children Act, 1967

outside ihe Commonwealth and the Temtories of the Commonwealth, being an'adoption. to which this section applies, has, so long as it has not been reicinded,under the law of that country, the same effect as,if it were an oidc$for ,adoption of that person made in this State on the date on which the adoption became effective, and has no other effect.

is section applies to an adoption in a country if-

the adoption was effective according to the law of that country; , ,

(b) at the time at which the legal steps that resulted in the adoption were commenced, the adopter, or each of the adopters, was

. .

. . resident or domiciled in that country;

in consequence of the adoption, the adopter or adopters had, or would (if the adopted person had been a young child), have had, immediately following the adoption, according to the law of that country, a right superior to that of any natural parent of the adopted person in respect of the custody of the adopted

, ..

person;

and

(d) under the law of that country the adopter or adopters were, by

adoption, placed generally in relation to the adopted person

he positionof a parent or parents.

(3) The Governor may, from time to time, by proclamation, declare that all ofany adoptions under the law of a particulat country outside the 'Co'mmon,wealth'and the Teriitories of theCommonwealth and Specifiedin the pro6iiiniation shall be conclusively presumed to comply with the con- ditions specified in subsection (2) (c) and (d).

'(41 d n a n d after the making of such declaration and until such decla- suasec.c4, arnendcd by 14.

ration is cancelled by a subsequent proclamation (which the Govemor is 19~s. ..3 (1) (IS,

%had.).

hereby ~., empowered .., to make) effect shall. be given to the declaration in

accordance .. ,., . with its terms. . . . ,

(5) Notwithstanding the foregoing provisions of this section,,any court or <?&her tribunal acting judicially (including the Supreme Court dealing with an application under section 40) may refuse to recognize an adoption as being an adoption to which this section applies if it appears to the court or tribunal that the procedure followed, or the law applied, in connection with the adoption involved a denial of natural justice or did not comply with

the requirements of substantial justice.

(6) Where, in any proceedings before a court or other tribunal (including proceedings under section 40), the question arises whether an adoption is one to which this section applies, it shall be presumed, unless the contrary appears from the evidence, that the adoption complies with the conditions specified in subsection (2) and has not been rescinded.

.	, .,
i, (~) ' 'Except as provided in this section, the adoption of a person (whether

before or after the commencement of this Act) in a country outside the Com@onwealth and the Temtories of the Commonwealth does not have

effect. ,;., for,,the ,. , purposes of the laws of this State.

(8) Nothing in this section affects any right that was acquired by, or

became ,: ., ,, vested . in, a person before the commencement of this Act.

40. (1) A person specified in subsection (2) may apply to the Supreme %iararion of validity of foreign

Court for an order declaring that an adoption of a person was effected .dwtiw%

Ado~tion of Children Act 1967

country outside the Commonwealth and the,Territories

wealth, and that the adoption is one to which section .3

(whether before or after the commencement of this Act) order accordingly.

(2) The persons who may make an application under subsection (1) in relation to an adoption are the adopted child or a guardian of the adopted child, the adoptive parent or either or both of the adoptive parents, or a person tracing a relationship, by virtue of the adoption, through or to the adopted child or a guardian of any such person.

Sukee (3) smr)nded bb 65 (3) Where an appIication is made under this section, the Court shall, if it appears to the Court that the Director-General has not received notice of the application, direct that notice be given to the Director-General and may-

Ip,a, , , ?

(a) direct that notice of the application be given to such persons

(including the Attorney-General) as the Court thinks fit;

(b) direct that a person be made a party to the application;

(c) permit a person having an interest in the matter to intervene in,

and become a party to, the proceedings.

(4) Where the Court makes an order upon the application, it may include in the order such particulars in relation to the adoption, the adopted child and the adoptive parent or parents as the Court finds established.

(5) In relation to any proceedings under this section, the ,Court-may

make such orders as to costs and security for costs (whether:,hy:

interlocutory order or otherwise) as the Court thinks just.

(6) For the purposes of the laws of this State, an order under this

section binds the Crown in right of the State, whether or not notice was

given to the Attorney-General, and any person who was-

(a) a party to the proceedings for the order or a person claiming

through such a party;

(b) a person to whom notice of the application for the order was given or a person claiming through such a person,

but does not affect-

(c) the rights of any other person;

(d) an earlier judgment, order or decree of any court of competent

jurisdiction.

sub*. (7) (7) In any proceedings in any court in this State, the production .of a

amendEd b, Id.

Srhed.). 1986.r .3(~)( lsl copy of an order under this section, certified by a master of the Supreme

..

Court, to be a true copy, shall-

(a) where the proceedings relate to a person referred to in subsection

(6) (a) or (b), be conclusive evidence;

and

Adoption of Children Act, 1967

(b) where the proceedings relate to the rights of any other person, be evidence,

that an adoption was effected in accordance with the particulars contained

in the order and that the adoption is one to which section 39 applies.

PART V

OFFENCES

41. This Part does not apply in respect of acts occumng outside this T ~ ~, , Q ~ ~ ~ ~ apo~leoiion a(

State but, except to the extent to which the contrary intention appears, does pas

apply in respect of acts done in this State in relation to the adoption or the

proposed adoption of children in, and to children adopted or to be adopted

in, another State or a Temtory of the Commonwealth, or a country outside

the Commonwealth and the Tenitories of the Commonwealth.

42. A person who was the father or mother or a guardian of a child TBklonawy NC of adoplcd child

hut has, by reason of the adoption of the child, ceased to be the father or b Y n r l ~ m ~	paieni
mother or guardian of the child shall not take, lead, entice or decoy the child away, or detain the child, with intent to deprive the adopter or adopters of possession of the child.
Penalty: $400 or imprisonment for 6 months.

43. A person shall not receive or harbour a child on behalf of a person Nrrbouiing taken rrom

who, to his knowledge, has taken, led, enticed or decoyed the child away, S ~ O P ~ C ~ S

or is detaining the child, in contravention of section 42.

Penalty: $400 or imprisonment for 6 months.

(1) Subject to this section, a person who (whether before or after the birth of the child concerned) makes, gives or receives, or agrees or offers

~

P

~yrneniz

~

in oi

~

,

~

d

~

~

~

t

~

~

~

adolii

lns

to make, give or receive, a payment or reward for, or in consideration of, or in relation to-

44.

(a) the adoption or proposed adoption of a child;

(b) the giving of consent, or the revocation of consent, to the adoption ;;z,,j;;aa av63,

of a child; 1976. r 21 (a)

(c) the transfer of possession or custody of a child with a view to the adoption of the child;

or

(d) the conduct of negotiations or the making of arrangements with a view to the adoption of a child,

is guilty of an offence against this Act and liable, on conviction, to a penalty

not exceeding $400 or imprisonment not exceeding 6 months.

(2) The references in subsection (1) to the adoption or proposed adop- tion of a child shall be read as including references to the adoption or proposed adoption of a child under the law of any place (whether in or outside the Commonwealth and the Temtories of the Commonwealth).

(3) Subsection (1) does not apply to, or in relation to, either of the

following payments or rewards in connection with an adoption or a proposed

adoption under this Act:

(a) a payment made by the adopter or adopters, with the approval ;y;5.(;;;cy~; of the Director-General, in respect of the hospital and medical (a,

Adoption of Children Act, 1967

expenses reasonably incurred in connection with the: the child or the ante-natal or post-natal care anck treat

the mother of the child o r of tJe ., child; , ,

. . .

or

para (b) *madad

(b) any other payment or reward authorized in writing by the

(4) Subsection (1) does not appiy to, or in relation to, a payment or

reward in connection with an adoption or proposed adoption under the law

of another State or of i T e m t 6 j df the Commonwealth or ,of a himtry

by 65. 1976. 7 21

(b) Director-General or by a court.

outside theCommonwealth and the Temtories of,the ~ o m m o n w e a l t ~ ~ f tee

making of the payment or the giving of the:reward, or any aggeinent s,o,.@

'

do, 'would have been lawful if ii had taken place in that State, T

country.

(1) Subject to this section, a person .yho publishes, or, Fauses to be

published, i n a newspaper or periodical or by means-of broadcastin& teie-

vision or public exhibition, any advertisement, news item or:otb

indicating (whether or not in relation to a particular child, bom or

that-

45.

~ ~ . on ~ ~ i ~ ~ i ~ ~

adueniriog, cie.

(a) a parent or guardian of a child wishes to have the child adopted;

.., >

(b) a person wishes to adopt a child;

or

(c) a person is willing to make arrangements with a view to the adoption of a child,

is guilty of an offence against this Act and liable, on conviction, to a penalty

not exceeding $400 or imprisonment not exceeding 6 months.

s u h 3 ~ 11) (2) Subsection (1) does not apply in relation to an advertisement or

amended b) 65.

1976. 2 L other matter that has been authorized or approved by the Director-General.

(1) Subject to this section, a person who publishes, or causes to be published, in a newspaper or periodical or by means of broadcasting, tele-

46.

Rcr l r i~ l lon on

!,ubllen,on or

,dCn,,,y ,	c	,
DT"lCS

vision or public exhibition, in relation to any application under this Act or under a law of another State or of a Territory of the Commonwealth for the adoption of a child or for the discharge of an order for the adoption of a child, or in relation to the proceedings on any such application, the name	of the applicant or applicants or of the child, the father or mother or a	guardian of the child, or, where applicable, the name of the adopter or
adopters of the child, or any matter reasonably likely to enable any of those persons to be identified is guilty of an offence against this Act and liable, on conviction, to a penalty not exceeding $400 or imprisonment not exceed- ing 6 months.
(2) Subsection (1) does not apply to the publication of any matter with the authority of the court to which the application was made.

penail) lor	47. (1) Subject to subsections (2) and (3), any person who, without
rnrklne

unalhanzcd

being authorized in writing to do so by, or on behalf of, the %rector-

armngcmrnlr for

adapl8onr

General-

Subre? (1)

rubrtifuled b> 65.

1976, r D (*I

(a) conducts, or attempts to conduct, any negotiations or makes, or

attempts to make, any arrangement with a parent or guardian

of a child with a view to the adoption of the child;

Adoption of Children Act, 1967

(b) transfers, or causes to be transferred, the possession, custody or

control of the child to some other person or persons with a

view to the adoption of the child;

or

(c) receives a child into his possession, custody or control with a view to the adoption of the child,

shall be guilty of an offence and liable to a penalty not exceeding $400 or

imprisonment for 6 months.

(2) The provisions of subsection (1) do not apply to any ne ns

or arrangements made by, or on behalf of, a parent, guardian or relative of a child for the adoption of the child by a parent or relative of the child or to any negotiations or arrangements made by the principal officer of a private adoption agency, or a person authorized in writing by such a principal oficer to act on his behalf, with a view to the adoption of a child by any other person.

(3) The Director-General may, in writing, generally or in any special sub,, amndrd (3) by 65.

1976., 23cb)

case, and subject to such terms and conditions as are approved by the conduct any negotiation, or make any arrangement, with a parent or guardian of a child for, or towards, or with a view to, the adoption of the child, or to transfer the possession, custody or control of a child to some other person or persons with a view to the adoption of the child by that person or those persons.

48. A person shall not, whether orally or in writing, wilfully make a ~~l~~~~~~~~~~~~ In appiicstlonr

false statement for the purposes of, or in connection with, a proposed clc

adoption or any other matter under this Act.

Penalty: $400 or imprisonment for 6 months.

A person shall not impersonate, or falsely represent himself to be, a person whose consent to the adoption of a child is required by this Act or by the law of another State or of a Territory of the Commonwealth.

~

~

~

,

~

~

~

~

~

t

,

~

~

Penalty: $400 or imprisonment for 6 months.

49.

50. A person shall not present, or cause to be presented, to any court rrercnilng roigrd

in connection with an application for an order for the adoption of a child conon$

under this Act a document purporting to be an instrument of consent to the

adoption signed by a person whose consent to the adoption is required by

this Act, knowing that the signature to the document is or was forged or

obtained by fraud or duress.

Penalty: $400 or imprisonment for 6 months.

51. A person shall not subscribe his name as a witness to the signature I~P,,,~, wllnCISlng

of a person to an instrument of consent to the adoption of a child (whether cons,nx

under this Act or under the law of another State or of a Territory of the

Commonwealth) unless-

(a) he is satisfied that the person signing the instrument is a parent or guardian of the child;

(6) he takes such steps as are prescribed to satisfy himself that the

person signing the instrument understands the effect of the

consent;

and

22   Adoption of Children Act, 1967

(c) the instrument as

a witness.

Penalty: $400 or imprison

Aulhor80 io	52. Proceedings for an offence against this Act shall not be commenced except with the written consent of the Minister.
P"*CCUl

c ~ nunn~~v. ~ ~ 5'3. Any person g ~ I

is expressly provided

to imprisonment for a

summrry	'54. Proceedings for
p""'din@.

summarily.

55. The Adopted Children Register,established and maintained..under the repealed .Act shall, subject to,this Act, be continued and kept bf!.the entries as are prescribedto be made in the:Register.

ad,,,,d	Chi~dren
Regirlci

56. (1) Every court in this State which makes a

~ ~ ~ of i ~ ~ ~ ~ i ; ~ ~

rdvpiion orders.

cause a memorandum, in accordance with the approp of t'h'B'addption order to be sent to the~rincipal Regis and Marriages.

(2) The Registrar of the ~ i p f i m e Court stiail cause a copy

Subsee. (11

anended hb\ 14.

1 9 8 6. r. 3 ( 1 ) ~ ~ s order &charging	an adoptipn order to be sent to the Principal Re
Sehedd. .'

Births; Deaths and Mamages.

(3) On receipt of a meniorandum referred to in subsection (1) or of a

copy of an order referred to in subsection (2), the Principal Registrar.	..of
Births, Deaths and Marriages shall-

(a) register it, as prescribed;:,in	.	.	the Adopted Ch'
and

(b) if it relates t o & child whose birth is registered in t$e r

births kept by'him, make such alterations to, or entri

appropriate registers as are prescribed.

svnding or	57. Where an order for the adoption of a child or an order dis
mrmonndr or

, d, ,, i, r	such an order is made and the Principal Registrar of Births, Deaths and
Slater rnd to

Terri,aries allhe Marriages has reason to believe that the, birth of the child is registeredin

Cohrnonwcriih.

another State or in a Temtory of the Commonwealth, h e shall, as soon as

practicable, cause a memorandum, in accordance with the prescribed tf~m,

of the adoption order, or a copy of the discharging order, as the case may

be, certified in writing by him to b e a w e memorandumor copy, to be

sent to such officer of that State or Temtory having functions in relation

to the registration of births as is prescribed.

58. Where the Principal Registrar of Births, Deaths and Mamages

P ~ or ~ ~ ~ ~ I ~ ~ ~

order$ rcccivcd

ria,,, uihri~ln~s. receives, in relation to a child whose birth is registered in this State, a

S. 58 mended h?

65. 5.976. r. 24

$11. (bl.

Adoption of Children Act, 1967 23

memorandum or copy of an adoption order made under the law in force in another State or in a Territory of the Commonwealth or in a country outside Australia, or of an order discharging such an order, certified in writing to be a true memorandum or copy by a person authorized so to certify under

the law of that State, Temtorv or country, he shall- ,.

,.

hildren Register; '. '

and ,. ,,

(b) make such alteration to, or entries in, the appropriate re

births as are prescribed.

. .

,:. ,.'

'59. (1) Anorganization canying on,or desiring to carry on, the actlvlty A~pIicaLi~m a p p i o ~ n ~ a< ro,

of conducting negoliations and making arrangements with, a view to the sdo~l~oQaLcney.

adoption of children may apply in writing to the Director-General for	(=I. (?l:
approval as a p.nvate adoption agency.	rcdrnpnated r. 59

< . .,

,,. ~ ., (I) by 65. 1W6.

r.25 bl.

'. , ( 2 ) An application shali not be made by an organization formed for the p~$ose of profit. ?as,. (2,

rnsvrlrd by 65.

1976. r.25 (C).

60. (1) The Director-General-

~ i ~ ~, ~ ~ - ( j ~ ~ ~ ~ i

may grnni or

rerurc rlilliicrtion.

.;. .. (a) may grant or refuse an appl S U ~ ~ ~ ~. em8n~ed ( 0 hy 65.

1976. 5.16 (a).

and

(6) shall give notice in writ

of his decision to the

principal officer of the . .,

(2) Without limiting the gene

General shall refuse an application

not entitled to apply for approval

of conducting negotiations and making:anangements. ,. .,,... with a view t o the

adoption of children, having regard to all relevant considerations, including

the qualifications, experience, character andnumber of $he ,$ersOns tiiking

p .a~l ,pr proposing to take pa@,in the management or control of the or-

ganization, or engaged or progsed to @'engaged, on behalf 'ofthe organi-

zation, in the conducting of such negotiations or the making of such

arrangements.

(3) Every approval of an organization as a private adoption agency S. ~ ~. C. ~ I amended by 65.

shall be subject to such conditions and requirements as may, be prescribed, i97s, i .z6(~).

and to such additional conditions and requirements as the Director-General, in any particular case, thinks fit and specifies in the notice given t o its principal officer under subsection (1).

61. (1) Before making an application under section 59, an organization P ~ ~ C ~ O B I omcci

or private

shall appoint a'person resident in South Australia to be its principal officer ,dwtiOn

in south Australia for the purposes of this Act in the event of the granting :&;;it &	'	'	1976. 5.27 (a).
of the application.

(2) 1f the application is granted, the private adoption agency shall, SO~SPC.(Z) amended by 65.

within 7 @ys after the occurrence of a vacancy in the office of principal t976.~.27(b).

offie&, qp@oi'nt a person resident in SouthAustralia to fill the vacancy and

give , notice'jn ,, , writing to the Director-General of the appointment. . ,

: (3). An- application under section 59 shall specify the name of the s,bsw.o, nmendcd by 65.

principal officer, and the address of the principal office in South Australia, 1976.9.27

of the organization making the application.

24 Adoptionof Children' Act, 1967

: (4) For the purposes of subsection (2), the office of principalofficer shall be deemed to become vacant if the person holding the office.beas$s.to ,' ..

,, .

be resident in South Australia. ,.

(5) Anything done or omitted by ncipal of%&r ..,.. o f 'a $rivatk.

adoption agency, or with his approval, shall, for the purposes of this 'pait and any regulations relating to private':adoption agencies but,:without prejudice to any personal liability of the principal officer, be deemed to be done or omitted by the private adoption agency.

.....

, .

RCVOPI~~OO Or 62. (1) The Director-General may, atany.time, revoke or suspend the approvalof an organization as a private adoption

l ~ ~ p ~ n t i " " or

,, agency under ,. this ,Part- , .,

apprpua~.

. .. ,

Sub~ec. (1)

amended br 65.

1976. s.,Z8 (io. (a) at the request of the agency;

(b). "

(b) on the ground that the agency is no, longer suited to ,cairyi&g,

. .

the activity of conducting xiegotiations and making arrangt'l ments with a view to the adoption of children, having regard to all relevant considerations, including the matters

in section 60 (2);

or

(c) on the ground that the agency or any of its officers has,contra- vened, or failed to comply with, a provision of this Act that is applicable to it or him or any additional condition or require- ment referred to in section 60 (3) or 63 (3).

(2) Where the Director-General has revoked or suspended the approval of a private adoption agency under subsection (I), he shall give notice in wrbing'sefied personally or by registered post on the principal officer of

subrcr. (I)

nmendud by 65.

1976. r.18 (c,.

. ,

the private adoption agency of the revocation or suspension.

3. (1) Where the Director-General-

A P ~ ~ I	+ins,
iefuul.

"r'oc"lipn or

auswnnon. (a) refuses an application of an organization under section 60;

Sub**(. I l l

amcndirf by 65.

1976. a .'9 (b) approves of such an application subject t o additional cy i

( b ~. or requirements referred to in section 60 (3);

or

pa... (c) lmrndd

(c) revokes or suspends the approval of an organization as a private

the organization may appeal to the Supreme Court against the decision of

the Director-General.

by 65. 3976. r. ?9
Ibl.	adoption agency in accordance with section 62,

(2) Notice in writing of intention to. appeal and the general grounds of

S S ~ S ~ ~. (2)

ammdsd b? 65.

19?6. L.29 the appeal shall be given on behalf of the organization to the Registrar of

(4. 1 9 8 6. r. 3 ( l l

(Is,,~h,rt.). the Supreme Court and the Director-General within 21 days after the service

,. ~	.. .. ., ., ..
.	,

, .s of notice of the decision.

SUISSC. i3) (3) On the hearing of an appeal under this section, the Supreme Court shall review the decision of the Director-General and may order that, the decision of the Director-General be confirmed, or may order tpat Ge:@r- ganization be approved as a private adoption agency subject to sucb con;

amended br65.

1976. ..29(rl.

ditions and requirements as may be prescribed and to such add'itional conditions and requirements as the Supreme Court thinks fit and specifies in its order, or may annul the revocation or suspension of the ;approval of	., ,.	,.	,
the organization as a private adoption agency.

Adoption of Children Act, 1967 25

(1) The Director-General shall c	be published in the Gazette N O ~ X ~ O ~	approval 10 6
f-	publlrhed in
Ga:8r(ic

(a) the approval of any organization as a private adoption agency ::E&(?y,, 1976. 7 30 (m),

under this Part;	(b), suklllulrrl hg
(la Sthod) 14. 1986. E 3 (11

(b) the revocation or suspension of any such approval;

and

(c) the annulment of the revocation or suspension of any such

approval.

(2) Every such notice shall specify the address of the principal office of the agency concerned and the full name of the principal officer of the agency.

65. (1) An application under this Act shall not be heard in open court, Hcorln8 lo be CO,"<,"

and persons who are not parties to the proceedings and their counsel, solicitors and representatives shall, except as otherwise directed by the court and subject to section 16, be excluded during the hearing of such an appli- cation.

(2) The court may, at the hearing qf an application under this Act-

la) order a child to leave the room or other place in which the court is hearing the application at any time-during the hearing, if it is of fie opinion that such a direction should be given in the interests of the	,,
and ..-- -
(b) order any person to leave that roo* or other place dudng'thk

examination of a witness.

. 66. A report to the court under section 16, or any part of such a report, CO.C~.. oc

*part not to be

shall not be made available to any person (including a party to the proceed- d,	,sc1aicd.
. iggq),un@ss, upon a,pplication made, by that person to a judge of the Supreme Court, the judge is satisfied, having'regard to'all kelevantmatters, that the report, or part of the report, ought to be made available to t
., .. ,	has made an order that it be made available accordingly.

. Except as provided by the regulations, the records of any proceed- nBtr.ttOn on I"SDCEl1O" 01

ings under this Act shall not be open to inspection. records

68. In proceedings in any court under this Act, the court may, subject C . . O

to the regulations, make such orders as to costs and security for costs, (whether by way of interlocutory order or otherwise) as the court thinks just.

68,. No application under this Act, shall be refused by reason only of un~c~ai .~s to

dale of birth nu

the fact that the date of birth of the child to whom. the proceedings relate bargo procecdin$r	under ,hi5 ,Art.
is not known.	S.68a lnrerlvd h~
65. 1976, s.31.
...

69. In proceedings in any courtin this State- adoCiana. proor *!

' '

(a) a document purporting to be either the original, or a certified

copy of, or a certified extract from, an .order effecting an

.,. . adoption (whether made in this State or elsewhere);

or

26 Adoption of Children Aefj1967

(b) a certified copy:of.anentry in any public,:oficial record ,ofthe

adoption of children (whetherkept inthis ,Stat$ or elsewhere)

,.

,,.. .;:;;.,, .. .

under thiS Act 6; affectin~'ariy,khitk; under this

, 70. (1) In

li%"l,"il.I.

Act, judicial notice shall be taken of thesignature of a persdljrwho holds or ha's., held,, o r is acting or has acted; in any of the following p,@ces, that is to . .

., , ... . .

sav: , . : , 1 ., .: ,

.. , ..

Pwa. (a)

(a) the office of the Director-General;

substituted h l 65.

1976, s.,31 k!).

*

par^. (b) h p e a l d	*	*	4
by 65. 1976.
s. 32 Ir).

,.	and
(c) any ofice in anoth

para. (<I amended

by 65. 1976. 9.32

I ~ L	corresponding
..

appdaring on a document and 'of tlie facadi that, at the time the document was signed by him, he held,; o r .was acting in; that office. ,., : . ', ,

(2) In procec$ings, under'thii' Act ~ i. : i i f f e c t i ~ ~: a ~ ~ matters under this

Subrec. 12)	nnrlndcd b l 65.
19,6. ...,.. ,). Act, j&dicial notice shall also be taken ofthe signat4re of aperson to whom any of the powers, functions or duties ofthe Director-Genera1,have been

d (whether under this Act or otherwise). . .

* .,.

* * * * * * * *

S.71 reprded b)	*
(19, Schdd.).	14, 1986. 8. 3 (1)

7la. (1) There shall be a panel entitled the "South Australian Adoption

E~labli~hmCni	01
Adoplion.P."tl.

Panel". (2) The panel shall consist

S. 7 l r insur td b?	,	,
19, ,978, 5.5.

d :by , t h e ,, Minister-of .. , ,

whom- ,, . .. ,

(a) one shall be a clinical psychologist;

(b) one shall be a legally qualified medical practitioner registered as a specialist in gynaecology;

(c) one shall be a legally qualified medical practitioner registered as a specialist in pediatrics;

(d) one shall be a legally qualified medical practitioner registered as a specialist in psychiatry;

(e) one shall be a legal practitioner;

Ifi one shall be a social worker;

(g) one shall be the nominee of the Director-General;

(h) two shall be members of the public with special interest in the field of adoption of children.

(3) The Minister shall, as occasion requires, appoint a chairman from amongst the members of the panel.

(4) The members of the panel shall hold office at the pleasure of the

Minister.

Adoption of Children Act, 1967

.,:..: ( 5 ) The members of the panel shall be entitled toreceive such allow-

ances.and expenses as may be determined:by the Minister.

The functions of the panel are as follows:	plncl. F Y ~ C ~ ~ D ~ S or
S.7lb b e d 4 by

make recommendations to t h e ~ i n i s t e r	generally upon matters 29, 1978 S.S.
relating to the adoption of children;

(b) to keep under review the prescribed criteria inaccordance with

which the Director-General is to determine who are eligible to

I: .

be approved as fit and proper persoris t o adopt children, and

. , to 'recommendto the Minister any changes to those criteria

that the panelconsiders desirable;

(c) to recommend to the Minister procedures'for evaluation of, and ,.

: research into, adoptions;

'

(d) t o make recommendations to the Minister on matters referred by

the Minister to the panel for advice;

... and. , .,

(e) to undertake such other functions as may be assigned to the panel

,. by regulation.

Before making a recommendation under subsection(1) (b), the panel

shall give-

;

(a)' private adoption agencies;

(b) persons who have been approved as fit and prober persons to

,. ,	adopt children;
., ,

and

y other persons who have, in the opinion of the panel, a proper

interest in the matter,

opportunity to make representations in relation to the proposed

. .~

2. The Governor may make such regulations, not inconsistent with RC~.,..... .

thisAct, as may be necessary or convenient forthe purpose of. carrying out, o r ,g,iving:e,ffect to, this Act or its objects, including (but without limiting the generality of the foregoing) regulations prescribing, or making provision

for-

(a) matters of practice, procedure or evidence in or in connection.

with proceedings under this Act before a court which has

jurisdiction to make adoption orders;

(b) the respective foms to be used for purposes of this Act;

. .

(c) the keeping of registers of orders made under this Act and the ~, . ( c I r ~ b t l t s d by I 4

manner in which such orders are to be registered;	hbd.1.
19%. ~. 3 ( I ) l l r

(d) fees to be paid in respect of proceedings and orders for the adoption of children and in respect of any matter provided for

, . ., , . . by or under this Act, and the waiving of any such fees;

(e) the form and manner in which any application' for an adoption order is to be made and dealt with where the applicant or

. applicants desires or desire that the application be dealt with in such a way that-

Adoption of Children Act, 1967

(i) the identities of the child and of the parents and guarclians

of the child are not to be disclosed to.the:applicant

of the-child;

.,

or

.. .,

, .

(iii) the identitiesof the bhild;+nd, o t ~ h e parents or ,guardians

of the child and of the applicantor applicants are not

to be disclosed to one another;

Ifl	the practice and procedure. to he followed .in .obtaining and, giving notice of any consent required for the purposes o f this ' k t;
(g)	the payment of witnesses' expenses in connection with progpedings

under this Act; < .

(h) the prohibition or regulation of access to the Adopted Children

Register;

(i) matters to be included in or excluded from tli

,Register,,.and the correction, alteration or

entries in the Register;

(jJ the furnishing of copies of or extracts from matters, include

Children Register;

correction, alteration or cadc~llation,of entdes relat-

ing to adopted children in the registers of births kept under the law of this State; , ~, ,

(I) the conduct of private adoption agencies a$ the co~ditions and

requirements to be observed, and facilities to be provided, by

,.

private adoption agencies, including conditions andrrequire- ments with 'respect to the qualifications and experign'ce necessary for persons acting for or employed by private adop-

', , ! >. ,

. .. ., tion agencies; ,.

,, .. ..:<

pan. (10) (1k) thk criteria on which the eligibiliti of persons Tor.apptoval'b9 the Director-General as fit and proper persons to adopt:childr$n

."b$,iNld by , ,,.

1976. S. 33 (a); , ,

29. ,978. r. 6 13). will be determined; ,.,...

.	,, .	.. .
..

para o,xj	(m) the-
smeodrd b) 6s.

1976. r 33 (bj.	(i) keeping of registers of persons approved by the Director-
nuhfotuml b) 29.

1978.5 6 lb) General as fit and proper persons to adopt children;

(ii) order in which persons whose names are included in a

register may be selected to be applicants for adoption

., , orders;

,:,b	:A>	:,.,>,,,.;	.,,,
,	,	.
.	,	<	., .	.

, ., .,

and

(iii) removal of names from a register;

para (81 (n) the institution, hearing and determination of proceedings to

rvbsti~tad b, 29.

,978. s 6 (E) review-

(i) any decision of the Director-General refusing to approve a person as being a fit and proper person to adopt children:

Adoption of Children Act, 1967

(ii) any decision by the Director-General to remove the name

of a person from the register of persons whom he has

approved as fit and proper persons to adopt children;

or

(iii) any other decision of the Director-General under this Act

of a kind specified in the regulations;

(nu) constituting adoption boards for the purpose of hearing and v., (".I instrted by 29.

determining those proceedings, prescribing the practice and 1978., 6 (c )

procedure of those boards and confemng on those boards-

(i) power to vary or reverse any decision of the Director- General in respect of which proceedings for review have been brought;

and

(ii) any incidental or ancillary powers;

(0) all matters which ought to be prescribed or provided for in order to c a m out the objects of, or to give effect to, this Act;

(p)	all other matters and things arising under and consistent with this Act, not expressly provided for;
and

(qJ penalties, not exceeding $300 in each case, for offences under, or pa, (,I , .ded ,

by 29,1978. r 6

breaches of, the regulations. (dl

* * * * * * * * * * The Schedule'

'The Schedule. being now exhau&lcd, has not been reproduced in l h i s reprint.

-- .- . . ,

.