Adoption Amendment Regulations 2013
S.R. No. 76/2013
table of provisions
RegulationPage
RegulationPage
1Objective
2Authorising provision
3Commencement
4Registration of adoption orders
5Schedule 21 substituted
SCHEDULE 21—Memorandum of an Adoption Order
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S.R. No. 76/2013
Adoption Amendment Regulations 2013
The Governor in Council makes the following Regulations:
Dated: 25 June 2013
Responsible Minister:
MARY WOOLDRIDGE
Minister for Community Services
Matthew mcbeath
Acting Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Adoption Regulations 2008 as a consequence of the commencement of the Adoption Amendment Act 2013.
2Authorising provision
These Regulations are made under section 130 of the Adoption Act 1984.
3Commencement
These Regulations come into operation on 1July 2013.
4Registration of adoption orders
(1)In regulation 38(2) of the Adoption Regulations 2008[1], for "section 70(1)" substitute
"sections 70(1) and 73A(1)".
(2)For regulation 38(3)(d) of the Adoption Regulations 2008, substitute—
"(d)if the adoption is by 2 adoptive parents or the spouse of a parent, the date and place of the marriage of the adoptive parents or the spouse and parent or, if the adoptive parents or spouse and parent are not married, the date their relationship commenced; and".
(3)For regulation 38(3)(f) of the Adoption Regulations 2008, substitute—
"(f)the full name and address of the informant.".
(4)In regulation 38(4) of the Adoption Regulations 2008, for "sections 72(a)(ii) and 73(b)" substitute "sections 72(a)(ii), 73(b) and 73A(3)(b)".
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(5)After regulation 38(4) of the Adoption Regulations 2008, insert—
"(5)In this regulation, informant means—
(a)in the case of the adoption of a person who has attained the age of 18 years before the adoption order is made—the full name and address of the adoptive parent or parents of the adopted person; or
(b)in the case of an adoption recognised under section 69D of the Act—the person named as the informant in the memorandum sent to the Registrar under section 73A of the Act; or
(c)in any other case—the person who made the report to the court on behalf of the Secretary or the principal officer of an approved agency.".
5Schedule 21 substituted
r. 5
For Schedule 21 to the Adoption Regulations 2008 substitute—
"SCHEDULE 21
Regulation 38
Memorandum of an Adoption Order
DETAILS OF THE CHILD
The registered birth given name or names and family name of the child.
The date and place of birth of the child.
The sex of the child.
The given name or names and family name of the child under the adoption order.
DETAILS OF THE ADOPTIVE FATHER (OR FATHER WHERE ADOPTION BY SPOUSE OF THE FATHER)
The given name or names and family name of the adoptive father or father.
The adoptive father's or father's place of birth and age at the date of birth of the child.
The adoptive father's or father's usual occupation.
The adoptive father's or father's place of residence.
DETAILS OF ADOPTIVE MOTHER (OR MOTHER WHERE ADOPTION BY SPOUSE OF THE MOTHER)
The given name or names and family name of the adoptive mother or mother.
The adoptive mother's or mother's maiden family name.
The adoptive mother's or mother's place of birth and age at the date of birth of the child.
The adoptive mother's or mother's usual occupation.
The adoptive mother's or mother's place of residence.
*DETAILS OF THE RELATIONSHIP OF THE ADOPTIVE PARENTS (OR ADOPTIVE PARENT AND MOTHER OR FATHER IN THE CASE OF ADOPTION BY SPOUSE OF A PARENT)
If married—
The date of the marriage of the adoptive parents or spouse and parent.
The place of marriage of the adoptive parents or spouse and parent.
If not married—
The date of commencement of the relationship of the adoptive parents or spouse and parent.
DETAILS OF OTHER CHILDREN OF THE ADOPTIVE PARENTS OR PARENT (including deceased children and legitimated or legally adopted children and stillborn children if the information is available)
The name or names of each child in order of birth.
The age (in years) of each child at the time of birth of the child now being registered.
**DETAILS OF THE INFORMANT (as defined in regulation 38(5))
The full name of the informant.
The address of the informant.
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The signature of the informant.
DETAILS OF THE ADOPTION ORDER
The date of the adoption order.
The Court and the place where the order was made.
***OTHER DETAILS
Whether the adoptive parents are related to the child and, if so, the relationship in each case.
Whether the adoption order is in respect of an Aboriginal child (order under section 50 of the Act) and, if so a statement that the child is a child to whom section 114 of the Act applies and the name of any Aboriginal agency involved.
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*Note: Not required where the adoption order is made in respect of 1adoptive parent who is not the spouse of a parent.
**Note: Not required where the adoption order is in respect of an adult.
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***Note: Not required where the adoption is finalised in a Convention country.
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ENDNOTES
Endnotes
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[1] Reg. 4(1): S.R. No. 10/2008.