S. 4(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 3), amended by No. 17/2014 s. 160(Sch. 2 item 3). legal practitioner means an Australian legal practitioner; non-citizen child has the same meaning as in the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being; S. 4(1) def. of registered domestic relationship inserted by No. 68/2015 s. 4(1). registered domestic relationship has the same meaning as in section 3 of the Relationships Act 2008; S. 4(1) def. of Registrar inserted by No. 10244 s. 10, amended by No. 43/1996 s. 65(Sch. item 1.1). Registrar means the Registrar of Births, Deaths and Marriages appointed under section 5 of the Births, Deaths and Marriages Registration Act 1996; relative, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half-blood or by affinity, and notwithstanding that the relationship depends upon the adoption of any person; S. 4(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), amended by No. 32/2015 s. 4(1)(c). Secretary means the Secretary to the Department of Health and Human Services;
S. 19(5A) inserted by No. 32/2000 s. 14(2). (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. (6) Where the Court makes an order discharging an adoption order, then, unless the Court otherwise orders, any consent given under this Act for the purposes of the adoption of the child ceases to have effect. (7) Where the 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; (b) the ownership of property; (c) the custody or guardianship of the child; or (d) the domicile of the child. (8) Upon the making of an order under this section discharging an order for the adoption of a child, but subject to any order made under subsection (7) and to section 53(2), 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 of anything unlawfully done; or (c) any proprietary right or interest that became vested in any person— whilst the adoption order was in force.
S. 19(9) inserted by No. 32/2000 s. 14(3). (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. Division 2—Arrangement of adoptions No. 7147 s. 17. 20 Adoptions may be arranged by Secretary or by approved agency S. 20(1) amended by No. 46/1998 s. 7(Sch. 1). (1) For the purposes of this Act, arrangements or negotiations for or towards or with a view to the making of an adoption in favour of any person or persons may be made by or on behalf of the Secretary or by or on behalf of an approved agency. S. 20(2) amended by No. 46/1998 s. 7(Sch. 1). (2) Arrangements or negotiations referred to in subsection (1) may be made by any person authorized in writing for any specified purpose or purposes, either generally or in any particular case, by the Secretary or the principal officer of the approved agency. S. 20(3) amended by No. 46/1998 s. 7(Sch. 1). (3) Except as otherwise provided in this Act, an order shall not be made for the adoption of a child unless arrangements or negotiations for or towards or with a view to the adoption of the child have
(ii) the requirements of section 35 were complied with; or (b) that there is not an appropriate person within the meaning of this section to give consent to the adoption. (2) In the case of a child whose parents were married to each other at the time of its birth or at or after the time of its conception but before its birth and who has not previously been adopted, the appropriate persons are every person who is the mother or the father of the child. (3) In the case of a child whose parents were not so married to each other and who has not previously been adopted, the appropriate persons are every person who is the mother of the child or a man— (a) whose name is entered in the entry relating to the child in a register of births (whether in Victoria or in a place outside Victoria) as the father of the child; S. 33(3)(b) amended by No. 10244 s. 10. (b) who is declared to be the father of the child under a declaration of paternity in force under section 10 of the Status of Children Act 1974, being a declaration a copy of which is filed under section 9(3) of that Act in the office of the Registrar; S. 33(3)(c) amended by No. 10244 s. 10. (c) against whom an order has been made under section 10 or 12 of the Maintenance Act 1965 in respect of the child, being an order a copy of which is filed in the office of the Registrar under section 9(3) of the Status of Children Act 1974; S. 33(3)(d) amended by No. 10244 s. 10. (d) who is named in an instrument filed in the office of the Registrar under section 9(1) of the Status of Children Act 1974 that acknowledges that he is the father of the child; or
(1) The following requirements shall be complied with before a consent is given by a person (other than a person to whom section 33(6) applies) for the purposes of this Division— S. 35(1)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) the person shall receive counselling from a person approved for the purpose by the Secretary or by the principal officer of an approved agency; (b) not less than seven days or, where a shorter period is approved under subsection (2), before the commencement of that shorter period, before the consent is given, the person by whom that counselling was given shall give the person information in writing in the prescribed form about the effect of an adoption order, the alternatives to adoption and the names and addresses of organizations that provide family support services; S. 35(1)(c) amended by Nos 67/1987 s. 7(1), 43/1996 s. 65(Sch. item 1.2). (c) notice in writing shall be given to the person that the person may, at any time make application subject to and in accordance with the Births, Deaths and Marriages Registration Act 1996 for a certified copy of, or extract from, the entry in the Register of Births relating to the child. (2) Where a person referred to in section 34(2) is satisfied that there are special circumstances why less than seven days notice should be given under paragraph (b) of subsection (1), that person shall approve a time less than seven days but not less than 24 hours as the period for the purposes of that paragraph. S. 35(3) amended by No. 46/1998 s. 7(Sch. 1). (3) A certificate signed by the Secretary or the principal officer of an approved agency shall be proof in the absence of evidence to the contrary
Pt 4A (Heading and ss 69A–69S) inserted by No. 32/2000 s. 4. Division 1—Court orders and recognition of adoptions S. 69A inserted by No. 32/2000 s. 4. 69A Adoption of child in 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 — 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 subsection (1) if the requirements of section 15 are satisfied and the Court is satisfied that— (a) the child is in ; and (b) the child is not prevented from leaving — (i) under a law of the Commonwealth, a State or a 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
Pt 4B (Heading and ss 69T–69Y) inserted by No. 32/2000 s. 9. S. 69T inserted by No. 32/2000 s. 9. 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 accordance with the laws of that jurisdiction; and (b) the Secretary, or a person or a delegate of a person whose functions in another State or a Territory correspond with those of the Secretary under this Act, agreed that the adoption may proceed; prescribed overseas jurisdiction means a country, or part of a country, prescribed as an overseas jurisdiction for the purposes of this Part. S. 69U inserted by No. 32/2000 s. 9. 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 INTERCOUNTRY
laws of the prescribed overseas jurisdiction whose adoption authority issued the certificate. S. 69Y inserted by No. 32/2000 s. 9. 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. No. 7147 s. 57. 70 Registration of orders S. 70(1) amended by No. 10244 s. 10. (1) The prescribed officer of the Court shall cause a memorandum, in accordance with the prescribed form, of each adoption order to be sent to the Registrar who shall register the adoption— S. 70(1)(a) amended by No. 10244 s. 10. (a) by endorsing on the memorandum, an official number and placing the memorandum in a Register of Adoptions kept by the Registrar; and S. 70(1)(b) amended by No. 10244 s. 10. (b) by making an entry in the Adopted Children Register kept by the Registrar of the prescribed particulars ascertained from the memorandum. S. 70(2) amended by No. 10244 s. 10. (2) Where an order for the adoption of a child to whom section 50 applies is made, the prescribed officer of the Court shall cause to be sent to the Registrar a memorandum giving the name of the
and principal registrar of the Magistrates' Court that all records of those Courts concerning adoptions are given to the Registrar and those persons must ensure that the following records are given to the Registrar— (a) in the case of any court file relating to any time before the date of coming into operation of section 3(1), the entire file; (b) in the case of any court file relating to any time after that date, the memorandum of the adoption order which must be sent to the Registrar in accordance with section 70. S. 79A(3) amended by No. 57/1989 s. 3(Sch. item 6.2). (3) Despite subsections (1) and (2), the Prothonotary of the Supreme Court, Registrar of the County Court and principal registrar of the Magistrates' Court may— (a) have access to or obtain possession of the records in the Registrar's custody; and (b) keep in their possession any records concerning adoptions for as long as they require them for the purposes of any matter before that Court. S. 79A(4) amended by No. 57/1989 s. 3(Sch. item 6.3). (4) If the Registrar requires any information for the purposes of section 78 or 79 and the records containing the information are not in the Registrar's possession, the Registrar may request the Prothonotary of the Supreme Court, Registrar of the County Court or principal registrar of the Magistrates' Court to conduct a reasonable search to locate any records held by that Court which may contain that information. S. 79A(5) amended by No. 57/1989 s. 3(Sch. item 6.4). (5) If the Registrar obtains under this section any records of the Supreme Court, County Court or Magistrates' Court or any other relevant information from any other source, the Registrar
exempt document for the purposes of the Freedom of Information Act 1982. 85 Records of adoptions S. 85(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Secretary shall maintain and preserve records in respect of each adoption negotiated or arranged by or on behalf of the Secretary. (2) An approved agency shall— (a) maintain records of each adoption negotiated or arranged by it; and S. 85(1)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) in respect of each adoption negotiated and arranged by it, give to the Secretary details as prescribed of the parties to the application for the adoption order after the adoption order is made. S. 85(2A) inserted by No. 67/1987 s. 9. (2A) In subsection (2)(b), the parties to the application include the adopted person, the natural parents of that person, the adoptive parent or parents and the person who made the report referred to in section 15. S. 85(3) amended by No. 46/1998 s. 7(Sch. 1). (3) An agency, being an organization approved as a private adoption agency under the Adoption of Children Act 1964 or any organization, body or person that arranged adoptions under the Adoption of Children Act 1958 or any corresponding previous enactment may give to the Secretary records held by it of any adoption negotiated or arranged by it and in respect of which an adoption order was made before the commencement of this section. S. 85(4) amended by No. 46/1998 s. 7(Sch. 1). (4) The Secretary shall preserve records given to the Secretary under subsection (2) or (3). (5) The regulations may prescribe the manner in which records shall be preserved for the purposes of this section.
S. 90B inserted by No. 25/2013 s. 5, repealed by No. 32/2015 s. 7. * * * * * Division 2—Persons entitled to birth certificates or information S. 91 amended by No. 69/1989 s. 4. 91 Interpretation In this Division, a reference to information about an adopted person is a reference to information about the adopted person or the natural parents or the relatives of the adopted person which the relevant authority is satisfied— (a) is reasonably likely to be true; and (b) does not unreasonably disclose information relating to the personal affairs of a natural parent, a relative or any other person. 92 Access to birth certificates of adopted persons S. 92(1) amended by Nos 10244 s. 10, 72/1997 s. 12(e), 68/2015 s. 14(1). (1) Where an order under this Act for the adoption of a child whose birth was registered in is made in favour of— S. 92(1)(a) amended by Nos 72/1997 s. 12(e), 68/2015 s. 14(1). (a) a spouse or domestic partner of a natural parent of the child; S. 92(1)(b) amended by Nos 72/1997 s. 12(e), 68/2015 s. 14(1). (b) a person who, or whose spouse or domestic partner, is a relative of the child; or
S. 92(3)(b) amended by Nos 72/1997 s. 12(f), 68/2015 s. 14(2). (b) a person who, or whose spouse or domestic partner is a relative of the child; or (c) two persons who are relatives, or one of whom is a relative, of the child— a person in whose favour such an order is made, the adopted person (whether before or after attaining the age of 18 years) or, where the order is made in favour of the spouse or domestic partner of a natural parent, the natural parent may make application in the prescribed form to the Secretary for a copy of an extract from, or certified copy of, the birth certificate relating to the adopted person contained in records relating to the adoption of the person that are in the possession or under the control of the Secretary, an agency, another body or person or of the Court. S. 92(4) amended by Nos 10244 s. 10, 46/1998 s. 7(Sch. 1). (4) Where the Secretary receives an application under paragraph (a) of subsection (2) together with the prescribed fee, the Secretary shall make application to the Registrar for the issue, whether to the Secretary or to the applicant, of an extract from, or certified copy of, the entry in the Register of Births relating to the applicant. S. 92(5) amended by Nos 10244 s. 10, 43/1996 s. 65(Sch. item 1.8). (5) Upon application under subsection (1) or (4), the Registrar shall, subject to the same terms, conditions and regulations as to payment of fees or otherwise as are applicable under the Births, Deaths and Marriages Registration Act 1996, issue, in accordance with the application, an extract from, or certified copy of, the entry in the Register of Births relating to the person named in the application.
heard in circumstances in which the identity of the person is not disclosed to the applicant. 100 Other person's right to information (1) A person who is not entitled to make application under a preceding provision of this Division may make application to the County Court for information about an adopted person. S. 100(2) amended by No. 46/1998 s. 7(Sch. 1). (2) An application under subsection (1) shall be accompanied by a report from the Secretary or from an approved counsellor. (3) Where an application is made under subsection (1) the County Court may, if it is satisfied that circumstances exist which make it desirable so to do, and after consideration of the report under subsection (2), make an order directing— S. 100(3)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) the Secretary; or (b) an agency, body or person— to give such information as is specified in the order to the applicant. Division 3—Adoption Information Service 101 Definition In this Division adopted person includes a person who has been adopted, whether before or after the commencement of this section, in a place outside Victoria. S. 102 amended by Nos 16/1987 s. 12(Sch. 2 item 1(e)), 46/1998 s. 7(Sch. 1), 32/2015 s. 4(2). 102 Adoption Information Service There shall be an Adoption Information Service established within the Department of Health and Human Services and within each approved agency which shall—
(2) Subsection (1) does not apply to or in relation to any of the following payments or rewards in connexion with an adoption or proposed adoption under this Act or under the law of another country— (a) a payment of legal expenses; (b) a payment of fees authorized under section 112 or under the regulations; S. 119(2)(c) amended by No. 46/1998 s. 7(Sch. 1). (c) a payment made by the adoptive parent or adoptive parents, with the approval in writing of the Secretary or with the approval of the Court, in respect of the hospital and medical expenses reasonably incurred in connexion with the birth of the child or the ante-natal or post-natal care and treatment of the mother of the child or of the child; S. 119(2)(d) amended by No. 46/1998 s. 7(Sch. 1). (d) a payment by the Secretary made in accordance with section 105; or S. 119(2)(e) amended by No. 46/1998 s. 7(Sch. 1). (e) any other payment or reward authorized by the Secretary or by the Court. (3) Subsection (1) does not apply to or in relation to a payment or reward in connexion with an adoption or proposed adoption under the law of another State or of a Territory if the making of the payment or the giving of the reward or any agreement so to do would have been lawful if it had taken place in that State or that Territory.
No. 7147 s. 48. 120 Restrictions on advertising S. 120(1) amended by No. 69/1989 s. 7(6). (1) Subject to this section, any person who publishes, or causes to be published, in a newspaper or periodical, or by means of broadcasting, television or public exhibition, any advertisement, news item, or other matter indicating (whether or not in relation to a particular child, born or unborn) that— (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— shall be guilty of an offence and liable— S. 120(1)(d) inserted by No. 69/1989 s. 7(6). (d) in the case of a body corporate, to a penalty of not more than 1000 penalty units; or S. 120(1)(e) inserted by No. 69/1989 s. 7(6). (e) in any other case, to a penalty of not more than 100 penalty units or to imprisonment for not more than 2 years or both. S. 120(2) amended by Nos 69/1989 s. 9, 46/1998 s. 7(Sch. 1). (2) Subsection (1) shall not apply in relation to an advertisement or other matter that has been approved by the Secretary or by the principal officer of an approved agency, whether or not any person referred to in subsection (1) may be identified. S. 121 substituted by No. 69/1989 s. 10. 121 Restriction on publication of identity of parties (1) In this section, party to an adoption, in relation to a consent to an adoption given or dispensed with or an application made under this Act or under a law of another State or of a Territory for the adoption of a child or for an order declaring the validity of a foreign adoption or in relation to a proposed adoption of a child, includes—
until the final order of the Court on the application or, if an order is not made by the Court, guardianship ceases. (6) The Court may, in exceptional circumstances, by order permit the publication of the name of any party to the adoption. (7) This section does not apply to the publication by or on behalf of a person of information obtained by that person under Part VI. No. 7147 s. 50. 122 Penalty for making unauthorized arrangements S. 122(1) amended by Nos 69/1989 s. 7(4), 46/1998 s. 7(Sch. 1). (1) Any person who, without being authorized in writing for the purpose by the Secretary or the principal officer of an approved agency— (a) transfers or causes to be transferred the possession, custody or control of a child to some other person or persons with a view to the adoption of the child by such person or persons; or (b) receives possession, custody or control of a child with a view to adopting the child— shall be guilty of an offence and liable— S. 122(1)(c) inserted by No. 69/1989 s. 7(4). (c) in the case of a body corporate, to a penalty of not more than 500 penalty units; or S. 122(1)(d) inserted by No. 69/1989 s. 7(4). (d) in any other case, to a penalty of not more than 100 penalty units or to imprisonment for not more than 2 years or both. S. 122(2) amended by Nos 72/1997 s. 12(g), 68/2015 s. 15. (2) The provisions of subsection (1) do not apply to any arrangements made by or on behalf of a parent, guardian or relative of a child for the adoption of the child by a spouse or domestic partner of a parent of the child or by a relative, or a relative and the spouse or domestic partner of the relative, of the child.
No. 7147 s. 53. S. 126 amended by No. 69/1989 ss 7(4), 11(1)(f). 126 Presenting forged consent etc. Any person who presents, or causes to be presented, to the Court in connexion with an application for an order for the adoption of a child 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— S. 126(a) amended by No. 69/1989 s. 7(5)(a). (a) that the signature is or was obtained by fraud or duress; or S. 126(ab) inserted by No. 69/1989 s. 7(5)(b). (ab) that the document is false within the meaning of section 83A(6) of the Crimes Act 1958; or (b) that the instrument has been altered after it has been signed (otherwise than by the person signing it)— shall be guilty of an offence and liable— S. 126(c) inserted by No. 69/1989 s. 7(4). (c) in the case of a body corporate, to a penalty of not more than 500 penalty units; or S. 126(d) inserted by No. 69/1989 s. 7(4). (d) in any other case, to a penalty of not more than 100 penalty units or to imprisonment for not more than 2 years or both. No. 7147 s. 54. S. 127 amended by No. 69/1989 s. 7(2). 127 Improperly witnessing consent to adoption A person shall not subscribe a name as a witness to the signature of a person to an instrument of consent to the adoption of a child (whether under this Act or under the law of another State or of a Territory) except in accordance with Division 3 of Part II. 25 penalty units or imprisonment for 6 months.