Adoption of Children Act Amendment Act 1949 (WA)

No. 22.] Adoption of Children. [1949.

ADOPTION OF CHILDREN

13° Geo. VI., No. CVIII.

No. 22 of 1949.

AN ACT to amend the Adoption of Children Aet,

1896-1945.

[Assented to 22nd October, 1949.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title.

1. This Act may be cited as the Adoption of Children Act Amendment Act, 1949, and shall be read as one with the Adoption of Children Act, 1896-1945 (Act No. 6 of 1896, as reprinted with amendments to and including No. 57 of 1926, incorporated pursuant to the Amendments Incorporation Act, 1938, in Volume 2 of the Reprinted Acts of the Parliament of Western Australia, and further amended by No. 31 of 1945), hereinafter referred to as the principal Act.

Citation of

principal Ac t	2. The principal Act, as amended by this Act, may
as amended by

this Act.	be cited as the Adoption of Children Act; 1896-1949.
Amendment of

s. 2. 3. Section two of the principal Act is amended by

(a)	substituting for the word "fifteen" in line two of the interpretation "child," the word "twenty-one";
(b)	substituting for the word "legitimate" in line seven of the interpretation "deserted child," the word "ex-nuptial".

Amendment of

s. 6. 4. Section five of the principal Act is amended by

(a) inserting the figure one in brackets thus (1),

before the word "Before" in line one;

1949.] Adoption of Children. [No. 22.

(b) substituting for the word "colony" in para-

graph five, line two, the word "State";

(c) adding the following paragraphs :—

(7)	may dispense with the consent of the putative father of an es-nuptial child;
(8)	may, if of opinion that any parent or legal guardian is for any reason unfit Cf. S.A.

Adoption of

Children Act,

1925-1943 a. 7.

to have the custody of the child, including badness of character, unsoundness of mind, or aversion or apathy towards the child, and that notice of the application for the order of adoption has been given to the parent or guardian, dispense with the consent of that parent or guardian;

(9)	may dispense with the consent referred to in paragraph (4) of this section	Cf. N.S.W.
Child Welfare
ti. 126,
Act, 1923

where in any special circumstances

proviso 0).

the judge deems it expedient to do

so;

(d) adding the following subsection:

(11) Where in making an order of adop- tion the judge, pursuant to the provisions of the last preceding subsection, dispenses with any consent he shall state the reasons for the dispensation and those reasons shall be set forth in the order.

5.    Section nine of the principal Act is amended by Amendment of

adding after the word "fit" in line five, the words "and :any variation, reversal or discharge shall incorporate a direction as to the name by which the child concerned in the order of adoption varied, reversed, or discharged, shall thereafter be known and a direction as to the names of the persons who shall thereafter be regarded as the parents of the child".

6.    Section ten of the principal Act is amended by sA.tondment of

adding after the word "child" in line two, the words Cf.No. 4 of alu4ae3reiraw.

and shall confer and set forth the name (commonly

called the Christian name), by which the child is there- glesA	s.tot.934
after to be known."

No. 22.] Adoption of Children,. [1949-

Amendment of

7.    Section twelve of the principal Act is amended by

s. 12.

(a) adding the words "and information in respect of the terms and conditions of any variation,. reversal or discharge of an order for adop- tion" after the word "Act" in line six; and

(h) adding the words "and such information" after

the word "order" in line seven.

S. 12A. added. 8.

The principal Act is amended by adding after section twelve, the following section:-

Registrar of

Supreme Court	12A. (1,) Where, after the coming into operation
to furnish

certain part-	of the Adoption of Children Act Amendment Act,.
iculars to Regis-
trar Genera/.	1949, an order of adoption is made in respect of a child whose birth is registered pursuant to the pro- visions of Part IV. of the Registration of Births,. Deaths and Marriages Act, 1894-1948, the Registrar of the Supreme Court shall forthwith give to the Registrar General a certified copy of the order of adoption, together with information in respect of the date and place of birth of the child and the name (commonly called the Christian name), by which the child shall be known after the adoption, the surname conferred on the child by adoption and the name and surname and residence of the adopting parent or parents.

On receipt of the certified copy and informa- tion referred to in the last preceding subsection, the. Registrar General shall, in the prescribed form,. re-register the birth of the child in accordance with the particulars disclosed.

(2)

When an order of adoption is varied, reversed or discharged, the Registrar of the Supreme Court shall forthwith give to the Registrar General, parti- culars of the terms and conditions of the variation, reversal, or discharge imposed by the judge pursu- ant to the provisions of section nine of this Act,. whereupon the Registrar General shall endorse the registration and re-registration of the birth of the child concerned, in accordance with the particulars. disclosed.

(3)

(4) In this section "prescribed" means prescribed by regulations made under the Registration of Births Deaths and Marriages Act, 1894-1948.

1949.] Adoption of Children. [No. 22.

9. The principal Act is amended by repealing section	Repeal and re-
enactment of s.

thirteen and substituting the following:— 13.

13. (1) (a) Where an order of adoption has been Registration in the name of

made before the commencement of the Adoption of Inserted by No.	adopting parent
57 o 926, as f
Children Act Amendment Act, 1949, or where a certi-	10A , rera: numbers:

fled copy of an order of adoption has been filed in Vol. Reprints. ed s. 13, 1943

the Supreme Court under the provisions of the next Cf. No. 45, 2.

s.

succeeding section in respect of a child whose birth is registered pursuant to the provisions of Part IV. of the Registration of Births, Deaths and Marriages Act, 1894-1948, the Registrar General, on application being made to him in the prescribed form and on production of a certified copy of the order of adop- tion and on payment of the prescribed fee by the adopting parent, or a person having knowledge of the true facts of the case, may, in the prescribed form, re-register the birth of the child with parti- culars of the date and place of birth and the name (commonly called the Christian name), of the child and the surname of the adopting parent conferred on the child and the name and surname and residence of the adopting parent, and a reference to the order of adoption.

(b)

The index of the register kept in the office of the district registrar and the index of the register kept in the office of the Registrar General, shall, in each case, be amended so as to refer to the re-regis- tration.

The original entry of the birth of the child and the duplicate thereof kept in the general registry, shall not be open to inspection and no certified copy of the original entry of the birth of the child or the duplicate thereof, kept in the general registry or the entry relating to the re-registration of the birth of the child, shall be issued, except with the approval of the Registrar General.

(c)

(2) In this section "prescribed" means prescribed by regulations made under the Registration of Births, Deaths and Marriages Act, 1894-1948.