Untitled document

Adoption (Amendment) Act 2000

Act No. 32/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2

PART 2—HAGUE CONVENTION 3

4.	New Part IVA inserted	3
PART IVA—ADOPTIONS UNDER THE HAGUE
CONVENTION	3
Division 1—Court Orders and Recognition of Adoptions	3

69A.	Adoption of child in Victoria who is to live in a
Convention country 3
69B.	Adoption in Victoria of a child from a Convention
country 4
69C.	Issue of adoption compliance certificate 5
69D.	Recognition of adoption of a child from a Convention
country to Australia 5
69E.	Recognition of adoption of a child from a Convention
country to another Convention country 6
69F.	Effect of recognition of adoption under this Part 7
69G.	Evidential value of adoption compliance certificate 7
69H.	Order terminating legal relationship between child and
parents 8
69I.	Refusal to recognise an adoption or an article 27
decision 9
69J.	Report on person who wishes to adopt a child in a
Convention country 10
Division 2—State Central Authority	10

69K.	State Central Authority	10
69L.	Functions of State Central Authority	11

69M. Delegation 11

i

Section Page

Division 3—Accredited bodies 12

69N.	Application for accreditation	12
69O.	Accreditation	12
69P.	Revocation or suspension of accreditation	13
69Q.	Effect of suspension or revocation of accreditation	14
69R.	Renewal of accreditation	15
69S.	Gazettal and notification to Commonwealth of
accreditation matters	16

5.	Consequential amendments	17
6.	New section 65 substituted	18

65. Application of Part 18

7.	Further consequential amendments	19
8.	New Schedule substituted	20
SCHEDULE 1	20

PART 3—BILATERAL ARRANGEMENTS 35

9.	New Part IVB inserted	35
PART IVB—BILATERAL ARRANGEMENTS FOR
INTERCOUNTRY ADOPTIONS	35

69T.	Definitions	35
69U.	Recognition of an adoption in a prescribed overseas
jurisdiction of a child from that jurisdiction	36
69V.	Effect of recognition of adoption under this Part	36
69W.	Refusal to recognise an adoption under this Part	36
69X.	Evidential value of adoption certificate	37
69Y.	Report on person who wishes to adopt a child in a
prescribed overseas jurisdiction	37

10. Consequential amendments 37

PART 4—MISCELLANEOUS AMENDMENTS 39

11. New sections 13 and 13A inserted 39

13.	Approval of persons to adopt children	39
13A.	Register of approved persons	40

12. New section 14 substituted 41

14. Wishes of child 41

13.	Adoption order not to be made unless applicants are approved	41
14.	Discharge of adoption orders	42
15.	Period of approval of approved agency	43
16.	New section 60 substituted	43

60. Variation of orders and conditions 43

17.	Consequential amendment of section 107	44
18.	Statute law revision	44

ii

Section Page

19. Repeal of unproclaimed amendment 45

═══════════════

NOTES 46

iii

Victoria

No. 32 of 2000

Adoption (Amendment) Act 2000†

[Assented to 6 June 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Adoption

Act 1984—

(a) to give effect to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption;

Adoption (Amendment) Act 2000

s. 2 Act No. 32/2000

(b) to give effect to certain bilateral arrangements for intercountry adoption;

(c) to deal with miscellaneous matters.

2. Commencement

(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into

operation before 1 January 2002, it comes into

operation on that day.

3. Principal Act

No. 10150.	In this Act, the Adoption Act 1984 is called the
Reprint No. 4
as at 7 May	Principal Act.
1998. Further amended by Nos 59/1997, 46/1998 (as
amended by No. 12/1999) and 52/1998.

_______________
Adoption (Amendment) Act 2000

Act No. 32/2000 s. 4

PART 2—HAGUE CONVENTION

4. New Part IVA inserted

After Part IV of the Principal Act insert—

"PART IVA—ADOPTIONS UNDER THE

HAGUE CONVENTION

Division 1—Court Orders and Recognition of

Adoptions

69A. Adoption of child in Victoria who is to live in a Convention country

(1) A person who—

(a)	is habitually resident in a Convention country; and
(b)	wishes to adopt a child who is habitually resident in Victoria—

may apply to the Court for an order for the

adoption of the child.

(2) The Court may make an order for the

adoption of a child on an application under
sub-section (1) if the requirements of
section 15 are satisfied and the Court is

satisfied that—

(a) the child is in Victoria; and

(b) the child is not prevented from leaving Australia—

(i)

under a law of the Territory; or

(ii)  because of an order of a court of the Commonwealth, a State or a Territory; and

Adoption (Amendment) Act 2000

s. 4 Act No. 32/2000

(c)	the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and
(d)	the Central Authority of the Convention country has agreed to the adoption of the child; and
(e)	the State Central Authority has agreed to the adoption of the child.

(3) For the purposes of a proposed adoption

order under this section, a report under
section 15 may be made only on behalf of
the Secretary or the principal officer of an
approved agency that is an accredited body.

69B. Adoption in Victoria of a child from a

Convention country

(1) A person who—

(a) is habitually resident in Victoria; and

(b) wishes to adopt a child who is habitually resident in a Convention country—

may apply to the Court for an order for the

adoption of the child.

(2) The Court may make an order for the

adoption of a child on an application under
sub-section (1) if the requirements of
sections 15 and 51 are satisfied and the Court

is satisfied that—

(a) the child is in Victoria; and

(b) the child is not prevented from residing permanently in Australia—

Adoption (Amendment) Act 2000

Act No. 32/2000	s. 4
(i)

under a law of the Territory; or

(ii)  because of an order of a court of the Commonwealth, a State or a Territory; and

(c)	the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and
(d)	the Central Authority of the Convention country has agreed to the adoption of the child; and
(e)	the State Central Authority has agreed to the adoption of the child.

(3) For the purposes of a proposed adoption order under this section—

(a)	a report under section 15 may be made only on behalf of the Secretary or the principal officer of an approved agency that is an accredited body;
(b)	a reference in section 51 to an authorized agency is a reference to an accredited body.

69C. Issue of adoption compliance certificate

If the Court has made an order for the adoption of a child under section 69A or 69B, the State Central Authority may issue an adoption compliance certificate.

69D. Recognition of adoption of a child from a Convention country to Australia

Adoption (Amendment) Act 2000

s. 4 Act No. 32/2000

(1) Subject to this section, an adoption in a

Convention country—

(a)	of a child who is habitually resident in a Convention country; and
(b)	by a person who is habitually resident in Australia—

is recognised if an adoption compliance
certificate issued in that country is in force
for the adoption.

(2) An adoption recognised under sub-section

(1) is effective on and from the day the
adoption compliance certificate becomes
effective.

(3) Sub-section (1) does not apply if—

(a)	a declaration is made under section 69I(2)(a); or
(b)	a declaration is made under a law of the Commonwealth or of another State or a Territory that corresponds to

section 69I(2)(a).

69E. Recognition of adoption of a child from a

Convention country to another Convention
country

Subject to section 69I, if—

(a)	a child, who is habitually resident in a Convention country, is adopted by a person who is habitually resident in another Convention country; and
(b)

an adoption compliance certificate which the adoption is granted is in force for the adoption—

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 4

the adoption is recognised with effect on and
from the day the certificate becomes

effective.

69F. Effect of recognition of adoption under this

Part

(1) Subject to this section, if the adoption of a

child is recognised under section 69D or 69E, then, for the purposes of the laws of Victoria, the adoption has the same effect as
an adoption order under this Act1.

(2) If the laws of the Convention country where the adoption was granted do not provide that the adoption of the child terminates the legal relationship between the child and the

individuals who were, immediately before
the adoption, the child's parents, section
53(1)(b) does not apply to the adoption

unless—

(a)	an order is made under section 69H or under a law of the Commonwealth or of another State or a Territory that corresponds to section 69H; or
(b)	a decision is made in a Convention country to convert the adoption in accordance with article 27 of the

Convention.

(3) Sub-section (2)(b) does not apply if a

declaration is made under section 69I(2)(b) or under a law of the Commonwealth or of another State or a Territory that corresponds

to section 69I(2)(b).

69G. Evidential value of adoption compliance

certificate

Adoption (Amendment) Act 2000

s. 4 Act No. 32/2000

Subject to section 69I, an adoption compliance certificate is evidence, for the laws of Victoria, that the adoption to which the certificate relates—

(a)

was agreed to by the Central in the certificate; and

(b) was carried out in accordance with the Hague Convention and the laws of the countries mentioned in the certificate.

69H. Order terminating legal relationship

between child and parents

(1) If—

(a)	a child who was or is habitually resident in a Convention country was adopted in a Convention country; and
(b)	the adoption was by a person who is habitually resident in Victoria; and
(c)	the laws of the Convention country do not provide that the adoption of the child terminates the legal relationship between the child and the persons who were, immediately before the adoption, the child's parents—

any of the parties to the adoption may apply to the Court for an order that the adoption of the child terminates the legal relationship

between the child and the persons who were, immediately before the adoption, the child's parents.

(2) The Court may make an order on an

application under sub-section (1) if satisfied
that—

Adoption (Amendment) Act 2000

Act No. 32/2000	s. 4
(a)

an adoption compliance certificate force for the adoption; and

(b) the laws of the Convention country do not provide that the adoption of a child terminates the legal relationship

between the child and the persons who were, immediately before the adoption, the child's parents; and

(c) the child is allowed—

(i) to enter Australia; and
(ii) to reside permanently in Australia.

69I. Refusal to recognise an adoption or an article 27 decision

(1) If the State Central Authority considers

that—

(a)	an adoption recognised under section 69D or 69E; or
(b)	a decision made in accordance with article 27 of the Hague Convention—

is manifestly contrary to public policy,
taking into account the best interests of the
child to whom the adoption or decision
relates, the State Central Authority may
apply to the Court for a declaration that the
adoption or decision is not recognised.

(2) The Court may make a declaration on an

application under sub-section (1) if satisfied
that—

(a)	an adoption recognised under section 69D or 69E; or
(b)	a decision made in accordance with article 27 of the Hague Convention—

Adoption (Amendment) Act 2000

s. 4 Act No. 32/2000

is manifestly contrary to public policy,
taking into account the best interests of the
child to whom the adoption or decision

relates.

(3) If a court declares that an adoption or

decision is not recognised, the adoption or
decision has no effect in Victoria.

(4) The State Central Authority must give the Commonwealth Central Authority written notice of each application under

sub-section (1) and the reasons for making it
as soon as practicable after it is made.

(5) The State Central Authority must give the Commonwealth Central Authority written notice of the Court's determination of each application under sub-section (1).

69J. Report on person who wishes to adopt a child in a Convention country

(1) If a person—

(a)	wishes to adopt a child in a Convention country; and
(b)	is on the register of approved persons kept under section 13A by the Secretary or the principal officer of an approved agency—

the State Central Authority or an accredited
body must prepare a report that complies
with article 15 of the Hague Convention.

(2) The State Central Authority must send each report prepared under sub-section (1) to the Central Authority of the Convention country.

Division 2—State Central Authority

69K. State Central Authority

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 4

(1) The Secretary is appointed to be the Central

Authority for the State of Victoria for the
purposes of article 6.2 of the Hague
Convention.

(2) The Secretary must advise the

Commonwealth Central Authority that the
Secretary is the State Central Authority and
the address and functions of the State Central

Authority.

(3) As soon as practicable after a change to the

address or functions of the State Central Authority, the Secretary must advise the Commonwealth Central Authority of the change.

69L. Functions of State Central Authority

(1) Subject to sub-section (2), the State Central Authority, in Victoria—

(a)	has all the duties of a Central Authority under the Hague Convention; and
(b)	may exercise all of the powers of a Central Authority under the Hague Convention.

(2) The functions of the State Central Authority

do not include any functions that are
functions of the Commonwealth Central
Authority under the Family Law (Hague
Convention on Intercountry Adoption)
Regulations 1998 of the Commonwealth.

69M. Delegation

The State Central Authority may, by
instrument, delegate any power or function
of the State Central Authority, other than this
power of delegation, to any employee or
class of employee in the Department of
which the Secretary is department head.

Adoption (Amendment) Act 2000

s. 4	Act No. 32/2000
Division 3—Accredited bodies

69N. Application for accreditation

(1) An approved agency, or an organization that

has applied for approval as an approved
agency, may apply to the State Central
Authority for accreditation as an accredited
body for the purposes of the Hague
Convention.

(2) An application must—

(a) contain the prescribed information; and

(b) nominate a person to be the principal officer of the accredited body for the purposes of this Act.

69O. Accreditation

(1) The State Central Authority may accredit a body on an application under section 69N if satisfied that—

(a) the body is an approved agency or will be granted approval as an approved agency; and

(b) the body complies with—

(i)  the criteria specified in articles 10 and 11 of the Hague Convention; and

(ii) any other prescribed criteria.

(2) Accreditation under this section is subject to the following conditions—

(a) that the accredited body—

(i)  submit to the supervision of the State Central Authority; and

(ii)  allow the State Central Authority access, as required by the State

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 4

Central Authority, to the records

of the accredited body; and

(b)	that the accredited body report to the State Central Authority at six-monthly intervals, as determined by the State Central Authority, on the performance of its functions as an accredited body; and
(c)	that the accredited body and each of its staff members comply with the prescribed code of conduct; and
(d)

any other conditions imposed on the Authority.

(3) An accredited body has—

(a) Hague Convention for an accredited
body that are imposed or conferred on

the duties and powers specified in the Authority; and

(b) any other duties and powers imposed or conferred on it by this Act or the regulations.

(4) An accreditation under this section has effect

for the period, not exceeding 3 years,
determined by the State Central Authority,
unless sooner revoked under section 69P.

69P. Revocation or suspension of accreditation

(1) The State Central Authority may suspend for a specified period or revoke the accreditation of an accredited body—

(a) at the request of the accredited body; or

Adoption (Amendment) Act 2000

s. 4 Act No. 32/2000

(b)	if the body's approval as an approved agency is suspended or revoked under section 24; or
(c)	if the body breaches a condition of the accreditation; or
(d)	if the body ceases to comply with any of the criteria referred to in section 69O(1)(b).

(2) The State Central Authority suspends or revokes accreditation by giving written notice of the suspension or revocation to the

principal officer of the accredited body.

69Q. Effect of suspension or revocation of

accreditation

(1) If the accreditation of an accredited body is suspended or revoked—

(a) it or under its control relating to the
arrangement or negotiation of adoptions

all records and other documents held by Central Authority or, with the approval of the State Central Authority where the body has entered into an agreement with an accredited body that the accredited body be the successor of the body, of that accredited body;

(b) if the principal officer of the first- mentioned body was, immediately before the suspension or revocation, the

guardian of a child under this Act, the officer of the accredited body that is the successor of the first-mentioned body, as the case may be, becomes the

Adoption (Amendment) Act 2000

Act No. 32/2000	s. 4
guardian of that child upon the suspension or revocation;
(c)	the arrangements or negotiations being undertaken by the first-mentioned body immediately before the suspension or

revocation shall be continued by the State Central Authority or principal officer of the accredited body that is the

successor of the first-mentioned body,
as the case may be.

(2) On the expiration of a period of suspension

of the accreditation of an accredited body—

(a)	the State Central Authority may return to the accredited body any documents and records that, under sub-
section (1)(a), became the property of the State Central Authority upon the suspension; and
(b)	the State Central Authority may authorize the accredited body to continue such arrangements and negotiations being undertaken by the
State Central Authority as the State Central Authority thinks fit, being arrangements or negotiations that, but for the suspension, would have been carried on by the accredited body.

69R. Renewal of accreditation

(1) An accredited body may apply for renewal of its accreditation.

(2) The State Central Authority may renew

the accreditation of a body on an
application under sub-section (1) as if it
were an application under section 69N.

Adoption (Amendment) Act 2000

s. 4 Act No. 32/2000

69S. Gazettal and notification to Commonwealth of accreditation matters

(1) The State Central Authority must publish

notice in the Government Gazette of each of
the following—

(a) an application under section 69N for accreditation;

(b) an accreditation under section 69O;

(c)	an application under section 69R(1) for renewal of accreditation;
(d)	a renewal of accreditation under section 69R(2);
(e)	a suspension or revocation of accreditation under section 69P.

(2) As soon as practicable after accrediting a body under section 69O or renewing the accreditation of a body under section 69R,

the State Central Authority must give the Commonwealth Central Authority written notice of—

(a)	the name, address, duties and powers of the accredited body; and
(b)	the conditions of the accreditation or renewal.

(3) As soon as practicable after a change to the

name, address, duties or powers of an
accredited body, the State Central Authority
must give the Commonwealth Central
Authority written notice of the change.

(4) As soon as practicable after a change to the

conditions of an accreditation, the State
Central Authority must give the
Commonwealth Central Authority written
notice of the change.

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 5

(5) As soon as practicable after the State Central

Authority suspends or revokes the
accreditation of a body under section 69P,
the State Central Authority must give the
Commonwealth Central Authority written
notice of the suspension or revocation.".

5. Consequential amendments

(1) In section 4(1) of the Principal Act, insert the

following definitions—
' "accredited body" means a body accredited

under section 69O as an accredited body for

the purposes of the Hague Convention;

"adoption compliance certificate" means a

certificate issued in accordance with article 23 of the Hague Convention;

"Central Authority" means a person or office designated for a Convention country under article 6 of the Hague Convention;

"Commonwealth Central Authority" has the

same meaning as in the Family Law (Hague
Convention on Intercountry Adoption)
Regulations 1998 of the Commonwealth2;

"Convention country" means, subject to

article 45 of the Hague Convention—

(a) Schedule 2 to the Family Law (Hague
Convention on Intercountry Adoption)

a country specified in column 2 in Commonwealth3; and

(b) any other country for which the Convention has entered into force4, other than—

(i) Australia; and

Adoption (Amendment) Act 2000

s. 6 Act No. 32/2000

(ii) Australia has raised an objection

a country against whose accession Convention;

"Hague Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993, a copy of the English text of which is set out in

Schedule 1;

"State Central Authority" has the meaning

given in section 69K;'.

(2) In section 7 of the Principal Act, after

sub-section (2) insert—

"(3) This section does not apply in respect of an

order for the adoption of a child under

Division 1 of Part IVA.".

(3) In section 20 of the Principal Act, after

sub-section (3) insert—

"(4) Nothing in sub-section (3) prevents the doing

of anything required or authorised to be done

by the Hague Convention.".

6. New section 65 substituted

For section 65 of the Principal Act substitute—

"65. Application of Part

(1) In this Part, a reference to a country includes
a reference to a part of a country but does not
include a reference to a Convention country.
(2) Despite sub-section (1), sections 67, 68 and

69 continue to apply, in relation to a country

that is a Convention country, in respect of
adoptions in that country that took place
before the commencement of section 6 of the
Adoption (Amendment) Act 2000.".

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 7

7. Further consequential amendments

(1) In section 66 of the Principal Act—

(a) omit "or in New Zealand";

(b) for ", Territory or country" (where twice occurring) substitute "or Territory".

(2) At the end of section 66 of the Principal Act

insert—

"(2) This section, as in force immediately before

the commencement of section 7 of the continues to apply in respect of the adoption of a person in New Zealand before that commencement.".

(3) In section 72 of the Principal Act, after "Part IV"

insert "or Part IVA".

(4) In section 112(1) and 113 of the Principal Act, after "approved agency" insert "or accredited body".

(5) In section 115 of the Principal Act, after

sub-section (3) insert—

"(4) Nothing in this section prevents the doing of

anything required or authorised to be done
by or under the Hague Convention.".

(6) In section 129A(1) of the Principal Act, after paragraph (b) insert—

"; or

(c) the State Central Authority—

(i)  refusing to accredit a body as an accredited body; or

(ii) suspending or revoking the
accreditation of an accredited body; or

Adoption (Amendment) Act 2000

s. 8 Act No. 32/2000

(iii)  refusing to renew the accreditation of an accredited body.".

(7) After section 130(k) of the Principal Act insert—

"(l) all matters that are necessary or convenient for giving effect to the Hague Convention, including—

(i)  criteria for the accreditation of accredited bodies;

(ii)  a code of conduct for an accredited body and its staff members;".

8. New Schedule substituted

For the Schedule to the Principal Act substitute—

'SCHEDULE 1

Section 4(1)

CONVENTION ON PROTECTION OF CHILDREN AND
CO-OPERATION IN RESPECT OF INTERCOUNTRY

ADOPTION

THE STATES SIGNATORY TO THE PRESENT CONVENTION,

RECOGNIZING that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

RECALLING that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin,

RECOGNIZING that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin,

CONVINCED of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic

in children,

DESIRING to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the

Adoption (Amendment) Act 2000

s. 8
s. 8

Act No. 32/2000

United Nations Convention on the Rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster

Placement and Adoption Nationally and Internationally (General Assembly

Resolution 41/85, of 3 December 1986),

HAVE AGREED upon the following provisions—

CHAPTER 1—SCOPE OF THE CONVENTION

Article 1

The objects of the present Convention are—

a to establish safeguards to ensure that intercountry adoptions take place

in the best interests of the child and with respect for his or her
fundamental rights as recognized in international law;

b to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children;

c to secure the recognition in Contracting States of adoptions made in
accordance with the Convention.

Article 2

1.   The Convention shall apply where a child habitually resident in one Contracting State ("the State of origin") has been, is being, or is to be moved to another Contracting State ("the receiving State") either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.

2.  The Convention covers only adoptions which create a permanent parent- child relationship.

Article 3

The Convention ceases to apply if the agreements mentioned in Article 17, sub-paragraph c have not been given before the child attains the age of eighteen years.

CHAPTER II—REQUIREMENTS FOR INTERCOUNTRY

ADOPTIONS

Article 4
Adoption (Amendment) Act 2000
Act No. 32/2000

An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin—

a have established that the child is adoptable;

b have determined, after possibilities for placement of the child within

the State of origin have been given due consideration, that an
intercountry adoption is in the child's best interests;

c have ensured that

(1) the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in

particular whether or not an adoption will result in the
termination of the legal relationship between the child and his or

her family of origin,

(2) such persons, institutions and authorities have given their

consent freely, in the required legal form, and expressed or

evidenced in writing,

(3) the consents have not been induced by payment or compensation

of any kind and have not been withdrawn, and

(4) the consent of the mother, where required, has been given only
after the birth of the child; and

d	have ensured, having regard to the age and degree of maturity of the child, that
(1) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required,
(2) consideration has been given to the child's wishes and opinions,
(3) the child's consent to the adoption, where such consent is

required, has been given freely, in the required legal form, and

expressed or evidenced in writing, and

(4) such consent has not been induced by payment or compensation

of any kind.

Article 5

An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State—

a have determined that the prospective adoptive parents are eligible and suited to adopt;

b have ensured that the prospective adoptive parents have been

counselled as may be necessary; and

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 8

c have determined that the child is or will be authorized to enter and
reside permanently in that State.

CHAPTER III—CENTRAL AUTHORITIES AND

ACCREDITED BODIES

Article 6

1.   A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.

2.   Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

Article 7

1.  Central Authorities shall co-operate with each other and promote co- operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.

2.  They shall take directly all appropriate measures to—

a	provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;
b	keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.

Article 8

Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.

Article 9

Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to—

Adoption (Amendment) Act 2000

s. 8 Act No. 32/2000

a collect, preserve and exchange information about the situation of the

child and the prospective adoptive parents, so far as is necessary to
complete the adoption;

b facilitate, follow and expedite proceedings with a view to obtaining the adoption;

c promote the development of adoption counselling and post-adoption services in their States;

d provide each other with general evaluation reports about experience with intercountry adoption;

e reply, in so far as is permitted by the law of their State, to justified
requests from other Central Authorities or public authorities for
information about a particular adoption situation.

Article 10

Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.

Article 11

An accredited body shall—

a pursue only non-profit objectives according to such conditions and

within such limits as may be established by the competent authorities

of the State of accreditation;

b	be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and
c	be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.

Article 12

A body accredited in one Contracting State may act in another Contracting so.

Article 13

The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 8

CHAPTER IV—PROCEDURAL REQUIREMENTS IN

INTERCOUNTRY ADOPTION

Article 14

Persons habitually resident in a Contracting State, who wish to adopt a child
habitually resident in another Contracting State, shall apply to the Central

Authority in the State of their habitual residence.

Article 15

1.   If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to

adopt, background, family and medical history, social environment,
reasons for adoption, ability to undertake an intercountry adoption, as
well as the characteristics of the children for whom they would be
qualified to care.

2.   It shall transmit the report to the Central Authority of the State of origin.

Article 16

1.   If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall—

a prepare a report including information about his or her identity,

adoptability, background, social environment, family history, medical
history including that of the child's family, and any special needs of

the child;

b	give due consideration to the child's upbringing and to his or her ethnic, religious and cultural background;
c	ensure that consents have been obtained in accordance with Article 4; and
d	determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.

2.   It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.

Article 17

Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if—

Adoption (Amendment) Act 2000

s. 8 Act No. 32/2000

a the Central Authority of that State has ensured that the prospective
adoptive parents agree;

b the Central Authority of the receiving State has approved such

decision, where such approval is required by the law of that State or

by the Central Authority of the State of origin;

c	the Central Authorities of both States have agreed that the adoption may proceed; and
d	it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State.

Article 18

The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.

Article 19

1.   The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.

2.   The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.

3.   If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.

Article 20

The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.

Article 21

1.   Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive

parents is not in the child's best interests, such Central Authority shall
take the measures necessary to protect the child, in particular—

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 8

a	to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;
b	in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term
care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents;
c	as a last resort, to arrange the return of the child, if his or her interests so require.

2.   Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.

Article 22

1.

The functions of a Central Authority under this Chapter may be to the extent permitted by the law of its State.

2.   Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who—

a meet the requirements of integrity, professional competence,

experience and accountability of that State; and

b are qualified by their ethical standards and by training or experience
to work in the field of intercountry adoption.

3.  A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.

4.   Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1.

5.  Notwithstanding any declaration made under paragraph 2, the reports provide for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.

Adoption (Amendment) Act 2000

s. 8 Act No. 32/2000

CHAPTER V—RECOGNITION AND EFFECTS OF THE

ADOPTION

Article 23

1.   An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph c, were given.

2.  Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.

Article 24

The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.

Article 25

Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognize adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.

Article 26

1.  The recognition of an adoption includes recognition of—

a the legal parent-child relationship between the child and his or her
adoptive parents;

b parental responsibility of the adoptive parents for the child;

c the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.

2.   In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognized,

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 8

rights equivalent to those resulting from adoptions having this effect in
each such State.

3.  The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.

Article 27

1.   Where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognizes the adoption under the Convention, be

converted into an adoption having such an effect— a if the law of the receiving State so permits; and

b if the consents referred to in Article 4, sub-paragraphs c and d, have
been or are given for the purpose of such an adoption.

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

CHAPTER VI—GENERAL PROVISIONS

Article 28

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

Article 29

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

authority of the State of origin.

Article 30

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

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

Article 31
Adoption (Amendment) Act 2000

s. 8 Act No. 32/2000

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

Article 32

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

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

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

Article 33

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

Authority shall be responsible for ensuring that appropriate measures are taken.

Article 34

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

be borne by the prospective adoptive parents.

Article 35

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

Article 36

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

a	any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
b	any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;
c	any reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit;
d	any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.

Adoption (Amendment) Act 2000

s. 8
s. 8

Act No. 32/2000

Article 37

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

Article 38

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

Article 39

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

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

Article 40

No reservation to the Convention shall be permitted.

Article 41

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

Article 42

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

CHAPTER VII—FINAL CLAUSES

Article 43
Adoption (Amendment) Act 2000
Act No. 32/2000

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

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

Article 44

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

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

3. acceding State and those Contracting States which have not raised an
objection to its accession in the six months after the receipt of the
notification referred to in sub-paragraph b of Article 48. Such an
objection may also be raised by States at the time when they ratify, accept

Such accession shall have effect only as regards the relations between the be notified to the depositary.

Article 45

1.   If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or

accession declare that this Convention shall extend to all its territorial
units or only to one or more of them and may modify this declaration by
submitting another declaration at any time.

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

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

Article 46

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

2.  Thereafter the Convention shall enter into force—

a for each State ratifying, accepting or approving it subsequently, or

acceding to it, on the first day of the month following the expiration

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 8 s. 8

of three months after the deposit of its instrument of ratification,

acceptance, approval or accession;

b for a territorial unit to which the Convention has been extended in
conformity with Article 45, on the first day of the month following the
expiration of three months after the notification referred to in that
Article.

Article 47

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

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

Article 48

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

a the signatures, ratifications, acceptances and approvals referred to in Article 43;

b the accessions and objections raised to accessions referred to in

Article 44;

c	the date on which the Convention enters into force in accordance with Article 46;
d	the declarations and designations referred to in Articles 22, 23, 25 and 45;

e the agreements referred to in Article 39;
f the denunciations referred to in Article 47.

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

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

Adoption (Amendment) Act 2000

Act No. 32/2000

_______________
Adoption (Amendment) Act 2000

Act No. 32/2000 s. 9

PART 3—BILATERAL ARRANGEMENTS

9. New Part IVB inserted

Before Part V of the Principal Act insert—

'PART IVB—BILATERAL ARRANGEMENTS

FOR INTERCOUNTRY ADOPTIONS

69T. Definitions

In this Part—

"adoption authority" means a person, body

or office in a prescribed overseas
jurisdiction responsible for approving

the adoption of children;

"adoption certificate", in relation to an

adoption, means a document issued by an adoption authority in the prescribed overseas jurisdiction in which the child to whom the document relates was
habitually resident before being

adopted, stating that—

(a)

the adoption took place in jurisdiction; and

(b) delegate of a person whose
functions in another State or a
Territory correspond with those of
the Secretary under this Act,

the Secretary, or a person or a proceed;

"prescribed overseas jurisdiction" means

a country, or part of a country,
prescribed as an overseas jurisdiction
for the purposes of this Part.

Adoption (Amendment) Act 2000

s. 9 Act No. 32/2000

69U. Recognition of an adoption in a prescribed

overseas jurisdiction of a child from that
jurisdiction

(1) Subject to section 69W, an adoption in a

prescribed overseas jurisdiction of a child
who is habitually resident in that jurisdiction
by a person who is habitually resident in
Australia is recognised if—

(a)	the adoption is granted in accordance with the laws of that prescribed overseas jurisdiction; and
(b)	an adoption certificate is in force in relation to the adoption.

(2) An adoption that is recognised under sub-

section (1) is effective on and from the date
that the adoption takes effect in the
prescribed overseas jurisdiction.

69V. Effect of recognition of adoption under this

Part

Subject to section 69W, if the adoption of a child is recognised under section 69U, then, for the purposes of the laws of Victoria, the adoption has the same effect as an adoption order under this Act5.

69W. Refusal to recognise an adoption under this

Part

(1) If the Secretary considers that an adoption recognised under section 69U is manifestly contrary to public policy, taking into account

the best interests of the child to whom the
adoption relates, the Secretary may apply to
the Court for a declaration that the adoption
is not recognised.

(2) The Court may make a declaration on an application under sub-section (1) if satisfied

Adoption (Amendment) Act 2000

s. 10
s. 10

Act No. 32/2000

that the adoption is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption relates.

(3) If a court declares that an adoption is not recognised, the adoption has no effect in Victoria.

69X. Evidential value of adoption certificate

An adoption certificate is evidence, for the laws of Victoria, that the adoption to which the certificate relates was carried out in

accordance with the laws of the prescribed
overseas jurisdiction whose adoption
authority issued the certificate.

69Y. Report on person who wishes to adopt a child in a prescribed overseas jurisdiction

If a person—

(a)	wishes to adopt a child in a prescribed overseas jurisdiction; and
(b)	is on the register of approved persons kept under section 13A by the Secretary or the principal officer of an approved agency—

the Secretary or principal officer may send
an assessment report on the person to the
adoption authority of the prescribed overseas

jurisdiction.'.

10. Consequential amendments

(1) In section 65(1) of the Principal Act, after

"Convention country" insert "or a prescribed
overseas jurisdiction within the meaning of

Part IVB".

(2) In section 65 of the Principal Act, after

sub-section (2) insert—

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

"(3) Despite sub-section (1), sections 67, 68 and 69 continue to apply, in relation to a country that is a prescribed overseas jurisdiction

within the meaning of Part IVB, in respect of
adoptions in that country that took place
before the commencement of section 10 of

the Adoption (Amendment) Act 2000.".

_______________
Adoption (Amendment) Act 2000

Act No. 32/2000 s. 11

PART 4—MISCELLANEOUS AMENDMENTS

11. New sections 13 and 13A inserted

After section 12 of the Principal Act insert—

"13. Approval of persons to adopt children

(1) Persons capable of making an application

under section 10A(a) for an adoption order under section 11 may apply to the Secretary or the principal officer of an approved
agency for approval as fit and proper persons
to adopt a child.

(2) An application is to be made in accordance with the regulations.

(3) The Secretary or the principal officer of an

approved agency may approve applicants
under sub-section (1) as fit and proper
persons to adopt a child if the applicants
satisfy the prescribed requirements relating
to approval of applicants.

(4) Subject to sub-section (5), the Secretary or the principal officer of an approved agency may revoke an approval given by the

Secretary or principal officer (as the case requires) under sub-section (3).

(5) The Secretary or the principal officer of an approved agency must not refuse, or defer the making of a decision on, an application for approval or revoke an approval, unless the Secretary or principal officer has—

(a) notified the applicant or approved person (as the case requires) in writing of the reasons for the refusal, deferment or revocation; and

Adoption (Amendment) Act 2000

s. 11 Act No. 32/2000

(b) given the applicant or approved person a reasonable opportunity to make a written or oral submission to the Secretary or principal officer.

13A. Register of approved persons

(1) The Secretary must—

(a) keep a register of persons who have been approved by the Secretary under section 13 as fit and proper persons to adopt a child; and

(b) keep a record of persons—

(i)

whose application for approval or

(ii) whose application for approval
has been deferred by the
Secretary; or

(iii)  whose approval has been revoked by the Secretary.

(2) The principal officer of an approved agency

must—

(a) keep a register of persons who have been approved by the principal officer under section 13 as fit and proper persons to adopt a child; and

(b) keep a record of persons—

(i)

whose application for approval officer; or

(ii)

whose application for approval officer; or

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 12

(iii)  whose approval has been revoked by the principal officer.

Penalty: 5 penalty units.".

12. New section 14 substituted

For section 14 of the Principal Act substitute—
"14. Wishes of child

(1) Subject to this Division, an order for the

adoption of a child shall not be made unless
the Court is satisfied that—

(a)	at least 28 days before the day on which the adoption order is to be made the child received counselling from an approved counsellor as to the effects of the adoption; and
(b)	as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child.

(2) Sub-section (1)(a) does not apply if the

Court is satisfied that counselling is inappropriate having regard to the age and understanding of the child.

(3) A person who has given counselling to a

child under sub-section (1)(a) must provide a
written report to the Court.".

13.  Adoption order not to be made unless applicants are approved

In section 15(1)(a) of the Principal Act, after
"applicants" (where secondly occurring) insert
"and, except in the case of an order referred to in

Adoption (Amendment) Act 2000

s. 14 Act No. 32/2000

section 12, the applicants have been approved

under section 13;".

14. Discharge of adoption orders

(1) In section 19(5) of the Principal Act, after

"adoption" (where secondly occurring) insert

"order".

(2) In section 19 of the Principal Act, after

sub-section (5) insert—

"(5A) The Court shall not make an order for the discharge of an adoption order unless the Court is satisfied that the welfare and

interests of the child would be promoted by

the discharge of the adoption order.".

(3) In section 19 of the Principal Act, after

sub-section (8) insert—

"(9) The Court may allow any of the following

persons to appear and to address the Court
(either personally or by a legal practitioner)
at the hearing of an application for the
discharge of an order for the adoption of a

child—

(a) the child;
(b) a natural parent of the child;
(c) an adoptive parent of the child;

(d) the Secretary;

(e)	if the adoption was arranged by an adoption agency, the principal officer of that agency;
(f)	any other person whom the Court determines has a sufficient interest in the matter.".

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 15

15. Period of approval of approved agency

In section 25 of the Principal Act, for "three years or, where a longer period is prescribed, that longer period" substitute "the period, not exceeding

3 years, determined by the Secretary".

16. New section 60 substituted

For section 60 of the Principal Act substitute—

"60. Variation of orders and conditions

(1) Where the Court is satisfied that it is in the

best interests of the welfare of an adopted child that the adoption order for the child should be varied so as to be subject to a
condition referred to in section 59 or 59A,
the Court shall, on application under this
section, vary the adoption order so that it is
subject to the condition.

(2) Where the Court is satisfied that it is in the best interests of the welfare of an adopted child that a condition referred to in section 59 or 59A to which the adoption order is

subject be varied or revoked, the Court shall,
on application under this section, by order

vary or revoke the condition.

(3) An application under this section may be

made—

(a)	by an adoptive parent of the adopted child; or
(b)	by a parent who gave consent to the adoption of the child; or

(c) by or on behalf of the adopted child.

Adoption (Amendment) Act 2000

s. 17 Act No. 32/2000

(4) An application under this section must be

accompanied by a report from an approved
counsellor.

(5) An order cannot be made under this section so as to grant a person a right of access, or greater rights of access, to an adopted child unless—

(a)	the adoptive parent or, where there are two adoptive parents, both adoptive parents agree; and
(b)	the Court is satisfied that, as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child.

(6) In addition to the requirements of this

section, an order cannot be made under
sub-section (1) unless the requirements of
section 59 or 59A (as the case requires) for
the imposition of the relevant condition are

satisfied.".

17. Consequential amendment of section 107

After section 107(1) of the Principal Act insert—

"(1A) Sub-section (1) does not exclude a person

referred to in section 19(9) or their legal practitioners or representatives from the hearing of an application for discharge of an

adoption order.".

18. Statute law revision

In section 3 of the Principal Act, sub-sections (1),
(2) and (6) are repealed.

Adoption (Amendment) Act 2000

Act No. 32/2000 s. 19

19. Repeal of unproclaimed amendment

In Schedule 2 to the Children and Young	No. 56/1989. Reprint No. 5
Persons Act 1989, item 1.1 is repealed.	as at 1 July 1998. Further
amended by Nos 10/1999,
12/1999 and 19/1999.

═══════════════
Adoption (Amendment) Act 2000

Notes Act No. 32/2000

NOTES

†

Minister's second reading speech—

Legislative Council: 12 April 2000

Legislative Assembly: 3 May 2000

The long title for the Bill for this Act was "to amend the Adoption Act 1984 to give effect to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and to certain

bilateral arrangements for intercountry adoption and for other purposes."

1 Section 53 and subsequent sections provide for the effect of adoption

orders.

2 Regulation 5 of the Family Law (Hague Convention on Intercountry

Adoption) Regulations 1998 of the Commonwealth provides that the
Secretary to the Commonwealth Attorney-General's Department is the

Commonwealth Central Authority.

3 As at 1 June 2000, these countries are: Andorra, Burkina Faso, Canada

(extending only to the provinces of Alberta, British Columbia, Manitoba,
New Brunswick, Prince Edward Island, Saskatchewan and the Yukon
Territory), Colombia, Costa Rica, Cyprus, Denmark, Ecuador, Finland,
France, Lithuania, Mexico, Moldova, Norway, Paraguay, Peru,
Philippines, Poland, Romania, Spain, Sri Lanka, Sweden, The
Netherlands, Venezuela, Mauritius, New Zealand, Burundi, El Salvador,

Israel, Brazil, Georgia, Austria and Chile.

4 As at 1 June 2000, Convention countries within the meaning of paragraph

(b) of the definition are Panama, Monaco, Italy, Iceland and the Czech

Republic. Mongolia will become such a country on 1 August 2000.

5 See note 1.