Version No. 070

Adoption Act1984

No. 10150 of 1984

Version incorporating amendments as at
1 September 2016

table of provisions

Section Page

vi

Section Page

Part I—Preliminary 1

1 Short title 1

2 Commencement 1

3 Repeals, savings and transitional provisions 1

4 Definitions 3

5 Approved counsellors 10

6 The Court 10

7 Jurisdiction 11

8 Rules of private international law not to apply 12

9 Welfare and interests of child to be paramount 12

Part II—Adoptions under this Act 13

Division 1—General 13

10 Who may be adopted 13

10A Application for adoption order 13

11 Persons in whose favour adoption orders may be made 14

12 Orders in favour of relatives 17

13 Approval of persons to adopt children 18

13A Register of approved persons 19

14 Wishes of child 20

15 Court to be satisfied as to certain matters 21

16 Notice of application for adoption orders 22

17 Parties 23

18 Custody etc. after refusal of an application for an adoption order 23

19 Discharge of adoption orders 23

Division 2—Arrangement of adoptions 26

20 Adoptions may be arranged by Secretary or by approved agency 26

20A Determinations by Secretary or approved agency 26

21 Application for approval of adoption agency 27

22 Secretary may grant or refuse application 28

23 Authorized agencies—non-citizen children 28

24 Revocation or suspension of approval 29

25 Period of approval of agency 30

26 Renewal of approval 30

27 Effect of cessation or suspension of approved agency 30

28 Effect of revocation or suspension of authority under section23 31

29 Ending of suspension of approval or authority 32

30 Notice of approval to be published in Government Gazette 32

31 Acts of principal officer deemed acts of approved agency 32

32 Duties of Secretary and approved agencies 33

Division 3—Consents to adoptions 33

33 Consents required to adoptions 33

34 Manner of giving consent 35

35 Requirements to be complied with 37

36 Consent by guardian under section 33(6) 38

37 Consent subject to conditions 39

38 Revocation of consent on notice of inability to place child 40

39 Consents to be construed as general consents 40

40 Consents given under law of another State or a Territory 41

41 Revocation of consents 41

42 Defective consents 42

43 Court may dispense with consents 43

44 Person who gives consent to be given notice of certain events 46

Division 4—Care of child 47

45 Care of child awaiting adoption 47

46 Guardianship of child awaiting adoption 48

47 Guardianship of non-citizen child 52

48 Natural parent's right of access after consent 52

Division 5—Court to be satisfied as to certain additional matters 53

49 Putative father 53

50 Adoption of Aboriginal child 54

51 Order for adoption of non-citizen child 56

Part III—Adoption orders under this Act 58

Division 1—General 58

52 Certificate of adoption 58

Division 2—Effect of adoption orders 58

53 General effect of adoption orders 58

54 Effect of orders as regards dispositions of propertyetc. 59

55 Bequest by will to unascertained adopted person 61

56 Names of adopted child 64

57 Effect of order on domicile 65

58 Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given 65

Division 3—Adoption orders subject to conditions 66

59 Certain adoption orders subject to condition 66

59A Adoption order subject to certain conditions 66

60 Variation of orders and conditions 67

61 Cessation of condition 68

Division 4—Interim orders 68

62 Making of interim orders 68

63 Duration of interim orders 69

64 Discharge of interim orders 69

Part IV—Recognition of adoptions 70

65 Application of Part 70

66 Recognition of Australasian adoptions 70

67 Recognition of foreign adoptions 71

68 Supervision of certain adopted children 73

69 Declarations of validity of foreign adoptions 75

Part IVA—Adoptions under the HagueConvention 78

Division 1—Court orders and recognition of adoptions 78

69A Adoption of child in Victoria who is to live in a Convention country 78

69B Adoption in Victoria of a child from a Convention country 79

69C Issue of adoption compliance certificate 80

69D Recognition of adoption of a child from a Convention country to Australia 80

69E Recognition of adoption of a child from a Convention country to another Convention country 81

69F Effect of recognition of adoption under this Part 81

69G Evidential value of adoption compliance certificate 82

69H Order terminating legal relationship between child and parents 82

69I Refusal to recognise an adoption or an article 27 decision 83

69J Report on person who wishes to adopt a child in a Convention country 84

Division 2—State Central Authority 85

69K State Central Authority 85

69L Functions of State Central Authority 85

69M Delegation 86

Division 3—Accredited bodies 86

69N Application for accreditation 86

69O Accreditation 86

69P Revocation or suspension of accreditation 88

69Q Effect of suspension or revocation of accreditation 88

69R Renewal of accreditation 89

69S Gazettal and notification to Commonwealth of accreditation matters 90

Part IVB—Bilateral arrangements for intercountry adoptions 92

69T Definitions 92

69U Recognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction 92

69V Effect of recognition of adoption under this Part 93

69W Refusal to recognise an adoption under this Part 93

69X Evidential value of adoption certificate 93

69Y Report on person who wishes to adopt a child in a prescribed overseas jurisdiction 94

Part V—Registration of orders 95

70 Registration of orders 95

71 Sending of memoranda of orders to other States etc. 96

72 Registration of orders received from other Statesetc. 96

73 Registration of certain foreign orders 97

73A Registration of adoption of a child from a Convention country to Australia 98

74 Certain entries to be marked "adopted" 99

75 Index to be kept by Registrar 99

76 Register of Adoptions not open for search 100

77 Index of births 100

78 Application for information about birth of adopted person 101

79 Place of birth 103

79A Adoption records 104

79B Secretary may obtain information from Registrar 106

80 Discharge of order 106

81 Correction of errors 107

Part VI—Access to information 108

Division 1—General 108

82 Definitions 108

83 Restriction on access to reports and records 110

84 Access to certain documents under the Freedom of Information Act1982 111

85 Records of adoptions 112

86 Secretary may obtain information from a Court 113

87 Counselling services 113

88 Protection of privacy 114

89 Disclosure of medical information 114

90 Secretary to provide information 115

Division 2—Persons entitled to birth certificates orinformation 117

91 Interpretation 117

92 Access to birth certificates of adopted persons 117

93 Adopted person's right to information at age eighteen 120

94 Adopted person's right to information under age eighteen 121

95 Natural parent's right to information about adopted person under age eighteen 122

96 Natural parent's right to information about adult adopted person 123

96A Person's right to information about parent's adoption 124

97 Natural relative's right to information 126

98 Adoptive parent's right to information 127

99 Application to Court 128

100 Other person's right to information 130

Division 3—Adoption Information Service 130

101 Definition 130

102 Adoption Information Service 131

103 Adoption Information Register 131

104 Secretary to give assistance 133

Part VII—Miscellaneous 134

Division 1—General 134

105 Financial assistance 134

106 Separate representation of child 134

107 Hearings to be in camera 135

108 Secretary may appear at hearings 135

109 Costs 135

110 Judicial notice of signatures 136

111 Certified copies etc. of adoption orders to be evidence 136

112 Fees for assessment of applicants for adoption of child outside Australia 136

113 Waiver of fees 137

114 Registrar to give notices concerning Aboriginal children 137

115 Arrangements for adoption of children outside Australia 138

Division 2—Offences 139

116 Territorial application of Part 139

117 Taking away etc. adopted child by natural parent 139

118 Harbouring child taken from adoptive parents 140

119 Payments in consideration of adoptions etc. 140

120 Restrictions on advertising 142

121 Restriction on publication of identity of parties 142

122 Penalty for making unauthorized arrangements 145

123 Agency etc. to comply with request for information 146

124 False statements 146

125 Personation 146

126 Presenting forged consent etc. 147

127 Improperly witnessing consent to adoption 147

128 Penalty 148

129 Authority to prosecute 148

Division 2A—Application for review 148

129A Review by Victorian Civil and Administrative Tribunal 148

Division 3—Regulations 150

130 Regulations 150

Division 4—Transitional provisions 152

131 Transitional for applications 152

132 Transitionals—Adoption Amendment Act 2015 152

133 Transitional—Adoption Amendment (Adoption by SameSex Couples) Act 2015 153

Schedule 1—Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 154

═══════════════

Endnotes 168

1 General information 168

2 Table of Amendments 170

3 Amendments Not in Operation 174

4 Explanatory details 175

vi

Version No. 070

Adoption Act1984

No. 10150 of 1984

Version incorporating amendments as at
1 September 2016

An Act to amend and re-enact the Law relating to Adoption, to repeal the Adoption of Children Act 1964, to make consequential amendments to certain Acts and for other purposes.

1

Part I—Preliminary

Adoption Act1984
No. 10150 of 1984

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part I—Preliminary

1 Short title

This Act may be cited as the Adoption Act 1984.

2 Commencement

The several provisions of this Act shall come into operation on a day or days to be proclaimed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3 Repeals, savings and transitional provisions

S. 3(1)(2) repealed by No. 32/2000 s.18.

* * * * *

(3) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the Adoption of Children Act 1964 or existing or continuing under that Act immediately before the commencement of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and

(b) in particular and without affecting the generality of paragraph (a), such repeal shall not disturb the continuity of status, operation or effect of any rule, order, authority, application, decision, consent, bond, register, direction, liability or right made, affected, issued, granted, given, passed, accrued, incurred or acquired or existing or continuing by or under the Adoption of Children Act 1964 before the commencement of this section.

(4) Subject to this Act, sections 53 and 54 (other than subsection (4)) apply in relation to an adoption order made under, or continued in force by, any corresponding previous enactment as if this Act had been in force when the order was made and the order had been made under this Act.

(5) In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this section, an adoption order referred to in subsection (4) shall have the same effect as if this Act had not been passed.

S. 3(6) repealed by No. 32/2000 s.18.

* * * * *

(7) Notwithstanding the repeal of the Adoption of Children Act 1964, that Act shall continue to apply to and in relation to arrangements and negotiations for the adoption of a child in respect of whom all consents necessary under that Act for the adoption have been obtained or have been dispensed with before the commencement of this section and to the making of orders for the adoption of any such child.

No. 7147 s.4.

4 Definitions

(1) In this Act, unless inconsistent with the context or subject-matter—

Aborigine means a person who—

(a) is descended from an Aborigine or Torres Strait Islander;

(b) identifies as an Aborigine or Torres Strait Islander; and

(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

S. 4(1) def. of accredited body insertedby No. 32/2000 s.5(1).

accredited body means a body accredited under section 69O as an accredited body for the purposes of the Hague Convention;

S. 4(1) def. of adoption compliance certificate inserted by No. 32/2000 s.5(1).

adoption compliance certificate means a certificate issued in accordance with article23 of the Hague Convention;

adoption order means an order for the adoption of a child under this Act;

S. 4(1) def. of approved agency amended by No. 46/1998
s. 7(Sch. 1).

approved agency means a welfare organization approved by the Secretary under Division 2 of Part II;

approved counsellor means a person who is for the time being approved as a counsellor under section 5;

S. 4(1) def. of Central Authority inserted by No. 32/2000 s.5(1).

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

child means a person who has not attained the age of 18 years or a person who has attained that age in respect of whom an adoption order is sought or has been made;

S. 4(1) def. of Common-wealth Central Authority inserted by No. 32/2000 s.5(1).

Commonwealth Central Authority has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[1];

S. 4(1) def. of contact statement inserted by No. 25/2013 s.3, repealedby No.32/2015 s.4(1)(a).

* * * * *

S. 4(1) def. of Convention country inserted by No. 32/2000 s.5(1), amendedby No.29/2011 s.3(Sch.1 item3).

Convention country means, subject to article45 of the Hague Convention—

(a) a country specified in Schedule 2 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[2]; and

(b) any other country for which the Convention has entered into force[3], other than—

(i) Australia; and