(b) any other country for which the Convention has entered into force, other than— (i) ; and (ii) a country against whose accession has raised an objection under article 44 of the Convention; S. 4(1) def. of current contact statement inserted by No. 25/2013 s. 3, repealed by No. 32/2015 s. 4(1)(b). * * * * * S. 4(1) def. of de facto relationship inserted by No. 72/1997 s. 3(1)(a). de facto relationship means the relationship of a man and a woman who are living together as husband and wife on a genuine domestic basis, although not married to each other; S. 4(1) def. of de facto spouse inserted by No. 72/1997 s. 3(1)(a). de facto spouse means— (a) in relation to a man who is living with a woman in a de facto relationship, the woman with whom he is living in that de facto relationship; (b) in relation to a woman who is living with a man in a de facto relationship, the man with whom she is living in that de facto relationship;
S. 4(5) inserted by No. 72/1997 s. 3(2). (5) If a man or woman living in a de facto relationship is also married, a reference in this Act (except section 55) to a spouse of such a man or woman (as the case requires) does not include a reference to the spouse to whom the man or woman is married. S. 4(6) inserted by No. 72/1997 s. 3(2). (6) A reference in this Act to a spouse includes a reference to a man or woman referred to in section 11(1)(a) or (b). 5 Approved counsellors S. 5(1) amended by No. 46/1998 s. 7(Sch. 1). (1) Subject to subsection (2), the Secretary may, by notice published in the Government Gazette, approve a person as a counsellor for the purposes of this Act and may by notice so published revoke any such approval. S. 5(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary shall not approve a person as a counsellor under subsection (1) unless the person is— S. 5(2)(a) amended by Nos 16/1987 s. 12(Sch. 2 item 1(b)), 46/1998 s. 7(Sch. 1), 32/2015 s. 4(2). (a) an officer or employee of the Department of Health and Human Services; (b) employed by an approved agency; or S. 5(2)(c) amended by No. 46/1998 s. 7(Sch. 1). (c) a person who is not such an officer or employee or so employed but is a person who in the opinion of the Secretary has such qualifications and experience as is appropriate for a counsellor for the purposes of this Act. No. 7147 s. 5. 6 The Court S. 6(1) amended by No. 3/1986 s. 4(a). (1) The Court having jurisdiction to make an adoption order or any other order under this Act shall be— (a) the Supreme Court; or
may make an adoption order in favour of one person. (4) The Court shall not make an adoption order in favour of one person— S. 11(4)(a) amended by No. 67/1987 s. 4(1)(a). (a) if that person is married unless that person is living separately and apart from his or her spouse; or S. 11(4)(b) amended by No. 72/1997 s. 6(3)(a). (b) if that person is married and is living with his or her spouse, except with the consent of that spouse; or S. 11(4)(c) inserted by No. 72/1997 s. 6(3)(a). (c) if that person is living in a de facto relationship and has been so living for not less than 2 years, except with the consent of that person's de facto spouse. S. 11(5) amended by No. 72/1997 s. 6(3)(b)(i)(ii). (5) The spouse or de facto spouse of a parent or of an adoptive parent of a child may make an application to the Court under this Act for an order for the adoption of the child by that spouse or de facto spouse. S. 11(6) substituted by No. 67/1987 s. 4(1)(b), amended by No. 72/1997 s. 6(3)(c)(i)(ii). (6) Where an application is made under subsection (5) by the spouse or de facto spouse of a parent or of an adoptive parent of a child, the Court must not make an order for the adoption of the child solely by that spouse or de facto spouse unless it is satisfied that— S. 11(6)(a) amended by No. 72/1997 s. 13(a). (a) the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 of the Commonwealth as amended and in force for the time being in relation to the child would not make adequate provision for the welfare and interests of the child; and
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) Subsection (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 subsection (1)(a) must provide a written report to the Court. No. 7147 s. 12. 15 Court to be satisfied as to certain matters S. 15(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Court shall not make an order for the adoption of a child unless the Court has received a report in writing on behalf of the Secretary or the principal officer of an approved agency concerning the proposed adoption and, after considering the report and any other evidence before the Court, the Court is satisfied that— S. 15(1)(a) amended by No. 32/2000 s. 13. (a) the applicants satisfy the prescribed requirements relating to approval of applicants and, except in the case of an order referred to in section 12, the applicants have been approved under section 13; S. 15(1)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) the Secretary or principal officer has given consideration to any wishes expressed by a parent of the child in relation to the religion, race or ethnic background of the proposed adoptive parent or adoptive parents of the child; S. 15(1)(c) amended by No. 46/1998 s. 7(Sch. 1). (c) the Secretary or principal officer has given consideration to any wishes expressed by a parent of the child after consent was given or
S. 51(2) amended by No. 46/1998 s. 7(Sch. 1). (2) Where under this section the Secretary supervises the welfare and interests of a child in the care of a person or persons, the Secretary may require payment by that person or those persons of a fee not exceeding the amount prescribed for the purposes of this section. S. 51(3) amended by No. 46/1998 s. 7(Sch. 1). (3) In this section, authorized agency means an approved agency that is authorized by the Secretary under section 23 to make arrangements with prescribed persons or prescribed organizations in places outside for the adoption in of non-citizen children. Division 1—General 52 Certificate of adoption Where the Court makes an order for the adoption of a child, the Court shall issue to the person or persons in whose favour the order is made a certificate stating the date on which the order was made, the name of the adoptive parent or adoptive parents, the name that, under the order, is the name of the child, the place of birth of the child and such other matters as the Court determines. Division 2—Effect of adoption orders No. 7147 s. 32. 53 General effect of adoption orders (1) Subject to this Act and to the provisions of any other Act that expressly distinguishes in any way between adopted children and children other than adopted children, upon the making of an adoption order—
(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 habitually resident in that jurisdiction by a person who is habitually resident in 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 subsection (1) is effective on and from the date that the adoption takes effect in the prescribed overseas jurisdiction. S. 69V inserted by No. 32/2000 s. 9. 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 , the adoption has the same effect as an adoption order under this Act. S. 69W inserted by No. 32/2000 s. 9. 69W Refusal to recognise an adoption under this Part (1) If the Secretary considers that an adoption recognised under section 69U is manifestly
unless the applicant has attended an interview with an approved counsellor. (2) Where a relevant authority receives an application under this Part, the relevant authority shall inform the applicant in writing of the place or places at which counselling services are available and that information cannot be supplied under this Part unless the applicant has attended an interview with an approved counsellor. S. 87(3) inserted by No. 67/1987 s. 10. (3) This section does not apply if the relevant authority is satisfied that the adopted person and another person referred to in the original birth certificate relating to the adopted person have already exchanged information which may identify that natural parent or a relative of the adopted person. 88 Protection of privacy A person shall not, under this Part, give to an applicant under this Part, and an applicant under this Part is not entitled to obtain, information relating to the personal affairs of a person (whether living or dead) other than the applicant or from which another person may be identified, whether directly or indirectly, except subject to and in accordance with this Part. S. 89 amended by Nos 23/1994 s. 118(Sch. 1 item 2.2), 97/2005 s. 182(Sch. 4 item 2.2), 13/2010 s. 51(Sch. item 3.2). 89 Disclosure of medical information Where, under this Part, information of a medical or psychiatric nature concerning an applicant under this Part or a natural parent or a relative or child of an applicant may be disclosed, a relevant authority may, if the relevant authority considers that the disclosure of the information to the applicant might be prejudicial to the physical or mental health or well-being of the applicant, determine not to disclose the information to the applicant personally but may disclose the
(B) where the applicant agrees and the request so states, give the information to the applicant, so far as, under this Part, the information may be given to the applicant— and, where the information is given to the Secretary, give the information to the applicant so far as, under this Part, the information may be given to the applicant; and (b) insofar as the information to which the application relates is not contained in any such records, the relevant authority shall— (i) make such reasonable enquiries as in all the circumstances of the case ought reasonably to be made for the purposes of obtaining the information; and (ii) upon obtaining the information, give it to the applicant so far as, under this Part, the information may be given to the applicant. S. 90(2) inserted by No. 67/1987 s. 11(c), amended by Nos 43/1996 s. 65(Sch. item 1.7), 46/1998 s. 7(Sch. 1). (2) For the purposes of subsection (1)(a)(ii), if an application for information referred to in that provision is an application for information about an adopted person, a relevant authority other than the Secretary may make a request under that provision to the Registrar for any information which is contained in entries in the Register of Births, Register of Deaths or Register of Marriages in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996 about the natural parents or natural relatives (within the meaning of section 97) of the adopted person.
S. 90(3) inserted by No. 67/1987 s. 11(c), amended by No. 46/1998 s. 7(Sch. 1). (3) The power of a relevant authority to make a request under subsection (2) does not limit the power of the Secretary to make that same type of request under subsection (1)(a)(ii). Pt 6 Div. 1A (Heading and ss 90A, 90B) inserted by No. 25/2013 s. 5, repealed by No. 32/2015 s. 7. * * * * * S. 90A inserted by No. 25/2013 s. 5, repealed by No. 32/2015 s. 7. * * * * * 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
ought reasonably to be made for the purpose of assisting a person who seeks the assistance of the Adoption Information Service under section 102(e). Division 1—General S. 105 amended by Nos 31/1994 s. 3(Sch. 1 item 1), 46/1998 s. 7(Sch. 1). 105 Financial assistance The Secretary may, out of moneys available for that purpose, make grants or provide other financial or other assistance on such terms and conditions as the Secretary determines to a person or persons with whom a child of a prescribed class has been placed for the purposes of adoption or to an adoptive parent, or adoptive parents, of a child of a prescribed class. 106 Separate representation of child (1) Proceedings under this Act relating to an application for an order— (a) for adoption of a child where that application is contested; (b) dispensing with the consent of a person to the making of an order for adoption of a child; or (c) discharging an order for adoption— shall not be instituted or continued unless the child is separately represented in the proceedings. S. 106(2) amended by No. 46/1998 s. 7(Sch. 1). (2) Where, in any other proceedings under this Act affecting a child, it appears to the Court that the child ought to be separately represented, the Court may, of its own motion or on the application of
organization or a person or organization included in a prescribed class of persons or organizations, being a person or organization resident in a country outside that makes arrangements for the adoption of children. S. 115(3) amended by No. 46/1998 s. 7(Sch. 1). (3) Where— S. 115(3)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) the Secretary or the principal officer of an approved agency is the guardian of a child in respect of whom arrangements are being made under this section; and S. 115(3)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) under those arrangements, another person will become the guardian of the child upon renunciation of guardianship by the Secretary or principal officer— the Secretary or principal officer may renounce guardianship of the child. S. 115(4) inserted by No. 32/2000 s. 7(5). (4) Nothing in this section prevents the doing of anything required or authorised to be done by or under the Hague Convention. Division 2—Offences No. 7147 s. 44. 116 Territorial application of Part This Part does not apply in respect of acts occurring outside Victoria, but, unless otherwise expressly provided, does apply in respect of acts done in Victoria in relation to adoption of children in, or children adopted in, any other State or a Territory or a country outside the Commonwealth and the Territories. No. 7147 s. 45. S. 117 amended by No. 69/1989 s. 7(1). 117 Taking away etc. adopted child by natural parent Any person who was the father or mother or a guardian of a child but is not, by reason of an
(c) in the case of a child who is a non-citizen child, the time when the person who, under the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being becomes the guardian of the child— 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.
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 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 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 where the adoption is recognized, 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 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
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 4) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Adoption Act 1984 Births, Deaths and Marriages Registration Act 1996, No. 43/1996 Assent Date: 26.11.96 Commencement Date: S. 65(Sch. item 1) on 2.10.97: Government Gazette 2.10.97 p. 2731 : This information relates only to the provision/s amending the Adoption Act 1984 Commonwealth Powers (Family Law-Children) (Amendment) Act 1997, No. 59/1997 Assent Date: 5.11.97 Commencement Date: S. 6 on 1.11.98: s. 2(3) : This information relates only to the provision/s amending the Adoption Act 1984 Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997 Assent Date: 25.11.97 Commencement Date: Pt 2 (ss 3–13) on 3.3.98: Government Gazette 26.2.98 p. 418 : This information relates only to the provision/s amending the Adoption Act 1984 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999) Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Adoption Act 1984 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 3) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Adoption Act 1984 Adoption (Amendment) Act 2000, No. 32/2000 Assent Date: 6.6.00 Commencement Date: Ss 4–18 on 1.1.02: s. 2(2) : This information relates only to the provision/s amending the Adoption Act 1984 Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 3) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Adoption Act 1984 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 3) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Adoption Act 1984 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 2) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Adoption Act 1984 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 1) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Adoption Act 1984 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 3) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Adoption Act 1984 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 3) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Adoption Act 1984 Adoption Amendment Act 2013, No. 25/2013 Assent Date: 15.5.13 Commencement Date: 1.7.13: s. 2(2) : All of Act in operation Legal Profession Uniform Law Application Act 2014, No. 17/2014