ay0_x
Member
- Joined
- May 11, 2009
- Messages
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- HSC
- 2009
Do you think adoption in Australia is too difficult? Or do you think the measures in place are to ensure people are serious about it and aren't looking for an "accessory child"?
edit:
eek sorry.
information:
The Adoption Act- http://www.legislation.nsw.gov.au/fullhtml/inforce/act+75+2000+FIRST+0+N?
Basically, for intercountry adoption:
(1) A child who is resident or domiciled in the State is not to be adopted in a place outside Australia unless the Director-General has:
(a) determined that the consent necessary for the adoption has been given in accordance with this Act (or dispensed with), and
(b) determined that a suitable family to adopt or otherwise care for the child cannot be found in Australia, and
(c) if satisfied that the child should be adopted outside Australia, prepared a report to that effect.
(2) The report is to include information about the child’s identity, adaptability, background, social environment, family history, medical history of the child and the child’s family and any special needs of the child and is to indicate that the consents required under this Act have been obtained.
Consent:
he Court must not make an adoption order in relation to a child who is less than 18 years of age unless consent has been given:
(a) in the case of a child who has not been previously adopted by:
(i) each parent of the child, and
(ii) any person who has parental responsibility for the child, or
(b) in the case of a child who has previously been adopted—by each adoptive parent of, or person who has parental responsibility for, the child.
53 Ways in which parent or person who has parental responsibility can give consent
(cf AC Act s 27)
(1) For the purposes of this Act, a parent of, or person who has parental responsibility for, a child may consent to the adoption of the child only by:
(a) giving general consent to the adoption of the child by an adoptive parent or parents selected by the Director-General or principal officer of an accredited adoption service provider, or
(b) giving specific consent to the adoption of the child by:
(i) a specified adoptive parent who is a relative of the child, or
(ii) 2 specified adoptive persons, one of whom is a parent or relative of the child, or
(iii) a specified adoptive parent who is step parent of the child, or
(iv) a specified adoptive parent who is an authorised carer who has had care responsibility for the child for 2 years or more.
(2) Nothing in this section prevents the Director-General or principal officer from selecting an adoptive parent or parents for the purposes of subsection (1) (a) from one or more of the classes of persons referred to in subsection (1) (b).
54 When consent of parent or person who has parental responsibility not required
(cf AC Act s 26 (4A))
(1) Consent is not required under section 52 if:
(a) the requirement for the consent has been dispensed with by the Court, or
Note. See Division 3 of Part 5.
(b) the parent whose consent would otherwise be required by section 52 is a proposed adoptive parent, or
(c) the child gives sole consent to his or her adoption in accordance with subsection (2), or
(d) the child is 18 or more years of age.
(2) A child who is 12 or more years of age and of sufficient maturity to understand the effect of giving consent may give sole consent to his or her adoption by a proposed adoptive parent or parents if the child has been cared for by the proposed adoptive parent or parents for at least 2 years.
(3) However, the Court must not make an adoption order in relation to a child who is less than 18 years of age who gives sole consent to his or her adoption, unless:
(a) the Court is satisfied that at least 14 days’ notice of the application for the adoption order has been given by the Director-General or appropriate principal officer to the parent or person who has parental responsibility whose consent would otherwise be required, or
(b) the Court dispenses with the giving of notice.
(4) The regulations may prescribe the particulars to be contained in a notice under this section.
edit:
eek sorry.
information:
The Adoption Act- http://www.legislation.nsw.gov.au/fullhtml/inforce/act+75+2000+FIRST+0+N?
Basically, for intercountry adoption:
(1) A child who is resident or domiciled in the State is not to be adopted in a place outside Australia unless the Director-General has:
(a) determined that the consent necessary for the adoption has been given in accordance with this Act (or dispensed with), and
(b) determined that a suitable family to adopt or otherwise care for the child cannot be found in Australia, and
(c) if satisfied that the child should be adopted outside Australia, prepared a report to that effect.
(2) The report is to include information about the child’s identity, adaptability, background, social environment, family history, medical history of the child and the child’s family and any special needs of the child and is to indicate that the consents required under this Act have been obtained.
Consent:
he Court must not make an adoption order in relation to a child who is less than 18 years of age unless consent has been given:
(a) in the case of a child who has not been previously adopted by:
(i) each parent of the child, and
(ii) any person who has parental responsibility for the child, or
(b) in the case of a child who has previously been adopted—by each adoptive parent of, or person who has parental responsibility for, the child.
53 Ways in which parent or person who has parental responsibility can give consent
(cf AC Act s 27)
(1) For the purposes of this Act, a parent of, or person who has parental responsibility for, a child may consent to the adoption of the child only by:
(a) giving general consent to the adoption of the child by an adoptive parent or parents selected by the Director-General or principal officer of an accredited adoption service provider, or
(b) giving specific consent to the adoption of the child by:
(i) a specified adoptive parent who is a relative of the child, or
(ii) 2 specified adoptive persons, one of whom is a parent or relative of the child, or
(iii) a specified adoptive parent who is step parent of the child, or
(iv) a specified adoptive parent who is an authorised carer who has had care responsibility for the child for 2 years or more.
(2) Nothing in this section prevents the Director-General or principal officer from selecting an adoptive parent or parents for the purposes of subsection (1) (a) from one or more of the classes of persons referred to in subsection (1) (b).
54 When consent of parent or person who has parental responsibility not required
(cf AC Act s 26 (4A))
(1) Consent is not required under section 52 if:
(a) the requirement for the consent has been dispensed with by the Court, or
Note. See Division 3 of Part 5.
(b) the parent whose consent would otherwise be required by section 52 is a proposed adoptive parent, or
(c) the child gives sole consent to his or her adoption in accordance with subsection (2), or
(d) the child is 18 or more years of age.
(2) A child who is 12 or more years of age and of sufficient maturity to understand the effect of giving consent may give sole consent to his or her adoption by a proposed adoptive parent or parents if the child has been cared for by the proposed adoptive parent or parents for at least 2 years.
(3) However, the Court must not make an adoption order in relation to a child who is less than 18 years of age who gives sole consent to his or her adoption, unless:
(a) the Court is satisfied that at least 14 days’ notice of the application for the adoption order has been given by the Director-General or appropriate principal officer to the parent or person who has parental responsibility whose consent would otherwise be required, or
(b) the Court dispenses with the giving of notice.
(4) The regulations may prescribe the particulars to be contained in a notice under this section.
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