Adoption of Children Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

ADOPTION OF CHILDREN.

No. 85 of 1980.

AN ACT to amend the Adoption of Children Act

1896-1979.

[Assented to 9 December 1980.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Adoption of ?Snort title

Children Amendment Act 1980. citation.

(2) In this Act the Adoption of Children Act, Apaolvteili for

1896-1979 is referred to as the principal Act.	December
1978 and
amended by

(3) The principal Act as amended by this Act

may be cited as the Adoption of Children Act 1896-

No. 85.] Adoption of Children. [1980.

Commence-

ment.	2. The provisions of this Act shall come into operation on such day or days as is or are respec- tively fixed by proclamation.
Section 5D

inserted. 3. After section 5C of the principal Act, the

following section is inserted-

Reduction

of period	" 5D. A Judge may, on application by the
of notice
and	person intending to make an application for an
dispensing
with notice.	order of adoption

(a)	with respect to the period of notice required to be given pursuant to section 5B or section 5C of this Act, make an order on such terms as he thinks fit abridging the period of notice required to be given pursuant to that section;
(b)	with respect to the notice required to be given pursuant to section 5C, make an order dispensing with the require- ment to give notice pursuant to that section subject to such conditions (if any) as he may specify in the order,

and where a Judge so orders the period of notice required to be given or the notice, as the case requires, is, subject to compliance with the terms or conditions specified in the order (if any), reduced or dispensed with according to the terms of the order. " .

Section 10

amended. 4. Section 10 of the principal Act is amended

(a) by repealing subsection (1) and substitut- ing the following subsection-

" (1) Subject to subsection (la) of this section, the surname to be conferred on the adopted child by an order of adoption shall be

(a) where the adoption is by two adopting parents, the surname of the adopting father;

1980.] Adoption of Children. [No. 85.

(b)	where the adoption is by one adopting parent and paragraph (c) of this subsection does not apply in relation to the adoption, the surname of the adopting parent;
(c)	where the adoption is made pursu- ant to subsection (4) of section 4 of this Act by one adopting parent who is the husband of the parent of the child, the surname of the husband of the parent of the child. " ;

and

(b) by inserting the following subsection-

" (la) Where an application for an

order of adoption

(a)	is in respect of a child who has attained the age of twelve years; and
(b)	the application seeks to allow the child to continue to use the surname by which the child is known at the time of the making of the application for the order of adoption,

the Judge may order that the child be allowed to continue to use the surname by which the child is known at the time of the making of the application if it is established to the satisfaction of the Judge that

(c)	the child consents to continue to be known by the surname by which he is known at the time of the making of the application for the order of adoption; and
(d)	in all the circumstances of the case in question to allow the child to continue to use the surname by

No. 85.] Adoption of Children. [1980.

which the child is known at the time of the making of the applica- tion is for the welfare and in the best interests of the child. " .

Section 15

amended. 5. Section 15 of the principal Act is amended in

subsection (2) by deleting paragraph (b).

Section 16A

inserted. 6. After section 16 of the principal Act the follow-

ing section is inserted-

Director to

have super-	" 16A. (1) Subject to subsection (2) and
vision of
certain	subsection (3) of this section where
adopted children.

(a)	a child is adopted in a country, other than New Zealand, outside the Com- monwealth and the Territories of the Commonwealth, whether or not the adoption is an adoption that has, pursuant to this Act, the same effect as an adoption order under this Act;
(b)	the adoption in relation to the child has been in force for a period not exceeding twelve months;
(c)	every adoptive parent of the child was not at the time of the making of the order of adoption with respect to the child a national or a citizen of the country in which the order was made; and

(d) the child is present in this State, the Director may supervise the welfare and interests of the child for a period of twelve months commencing from the date of the arrival of the child in this State and any person authorised in writing by the Director for that purpose has a right of access to the child at all reasonable times during that period.

(2) Where a child whose welfare and interests

may be supervised by the Director pursuant to

subsection (1) of this section has, after being

1980.] Adoption of Children. [No. 85.

adopted but before the arrival of the child in this State, been resident in any other State or in a Territory of the Commonwealth or in New Zealand the period during which the child is subject to the supervision of the Director is reduced proportionately to the period of such residence in that other State or Territory or in New Zealand.

(3) Notwithstanding subsection (1) of this section, the Director may at his discretion exempt any child to whom the provisions of that subsection would otherwise apply from the provisions of that subsection. " .

Section 23A

7. After section 23 of the principal Act, the inserted.

following section is inserted-

Child not to

23A. Where a child is in this State and be removed from State pending

(a)	is, pursuant to section four H of this	order of adoption.
Act, under the guardianship of the Director; or
(b)	is the subject of an application for an order for adoption under this Act,

a person shall not

(c)	take, send or remove the child from the State; or
(d)	cause, aid or abet the taking, sending or removal of the child from the State,

without the written consent of the Director.

Penalty: $400. " .

Section 24B

8. After section 24A of the principal Act, the inserted.

following section is inserted-

Assistance

" 24B. (1) The Director may provide services

for an order

for

assisting persons who desire to obtain an

adoption.

adoption under this Act.

No. 85.] Adoption of Children. [1980.

(2) The Minister may, by order published in the Gazette, determine the charges to be paid

in relation to services provided by the Director

under subsection (1) of this section.

(3) An order under subsection (2) of this

section may be revoked or varied by the Minister

by a subsequent order published in the Gazette.

(4) Subject to any direction given by the Minister either generally or in a particular case, the Director may waive the payment of any charge payable pursuant to an order made under this section. " .