Version No. 002
Adoption Regulations 2008
S.R. No. 10/2008
Version incorporating amendments as at
13 February 2013
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
5
1
Objective
Authorising provision
Commencement
Revocation
Definitions
1
1
1
1
1
PART 2—ADOPTION AGENCIES, ACCREDITED BODIES,
OVERSEAS JURISDICTIONS AND COUNSELLORS
2
Division 1—Approved adoption agencies
2
6
7
Application for approval or renewal of approval of adoption
agency
Qualifications of principal officer
Division 2—Approved agencies for overseas adoptions
8
9
10
Prescribed persons and organisations for overseas adoptions
Permitted arrangements with overseas agencies
Agencies not to be authorised by Secretary in certain
circumstances
Division 3—Accredited bodies for Hague Convention adoptions
11
12
13
Application for accreditation
Additional criteria for accreditation
Code of conduct for accredited bodies and staff
Division 4—Prescribed overseas jurisdictions
14
Overseas jurisdiction
2
2
3
3
4
4
4
5
5
5
Division 5—Approved counsellors
15
2
2
6
Secretary to keep list of approved counsellors
i
6
Regulation
Page
PART 3—CONSENTS TO ADOPTION
7
Division 1—Counselling
7
16
17
Approved counsellors
Information to be provided by counsellor
Division 2—Parental wishes
18
19
8
Wishes of parent in relation to race, ethnic background,
religion etc.
Wishes of parent with respect to receiving notice of certain
events
Division 3—Procedures for consenting to adoption
20
21
22
23
24
25
26
27
28
Form of consent to adoption
Conduct of discussions
Persons who may witness consent
Matters to be complied with before statement signed
Offence to accept a fee for being present at a consent to
adoption
Documents to be given to person consenting to adoption
Certificate of compliance
Consent to adoption by guardian of non-citizen child
Notification to parent of inability to place child
Division 4—Additional provisions applying to adoption of
Aboriginal children
29
30
31
Expression of wishes at time of giving consent
Conditions of access to Aboriginal child
Notices to be given if condition of consent cannot be met
Division 5—Revocation and extension of time for revocation of
consent
32
33
Extension of period for revoking consent
Notice of revocation of consent
PART 4—CARE OF CHILDREN AWAITING ADOPTION
34
7
7
8
9
10
10
10
11
12
12
12
13
13
13
13
13
14
15
16
16
16
17
Care of child before guardianship effective
17
PART 5—APPLICATIONS FOR ADOPTIONS
18
Division 1—Prescribed requirements for applicants
18
35
Requirements to be satisfied by applicants for adoption of a
child
ii
18
Regulation
Page
Division 2—Approval of persons to adopt children
36
37
Application for approval as a fit and proper person
Requirements to be satisfied by applicants for approval as fit
and proper persons to adopt a child
Division 3—Register of adoptions
38
39
Registration of adoption orders
Details of adoptions to be provided to the Secretary by
approved agencies
Form of application for birth certificate
Fees payable
PART 7—GENERAL
42
43
19
20
21
23
23
23
24
Financial assistance
Time to comply with request for information
PART 8—SAVINGS AND TRANSITIONAL
44
45
19
20
PART 6—BIRTH CERTIFICATES
40
41
19
Pending applications and consents
Persons deemed to be fit and proper
__________________
24
24
25
25
25
SCHEDULES
26
SCHEDULE 1—Regulations Revoked
26
SCHEDULE 2—Information to be Contained in an Application for
Approval of Adoption Agency
27
SCHEDULE 3—Prescribed Persons and Organisations for Intercountry
Adoption Arrangements
29
SCHEDULE 4—Information to be Provided in Application for
Approval as Fit and Proper Person to Adopt a Child
33
SCHEDULE 5—Statement of Personal Details Required to be
Submitted with an Application for Approval as a Fit
and Proper Person to Adopt a Child
35
SCHEDULE 6—Notice to Parent Considering Placing a Child for
Adoption
44
iii
Regulation
Page
SCHEDULE 7—Record of Wishes of Parent
47
Form 1—Wishes of Natural Parent with Respect to Religion, Race
or Ethnic Background of Adoptive Parents
47
Form 2—Wishes of Natural Parent after Consent is Given with
Respect to Information about a Child and Access to a
Child
48
SCHEDULE 8—Wishes of Natural Parent with Respect to Receipt of
Information after Consent is Given
50
SCHEDULE 9—Forms of Consent to the Adoption of a Child
52
Form 1—General Consent to Adoption
52
Form 2—Consent by Parent to Child being Adopted by Spouse of
the Parent
53
Form 3—Consent by Parent to Child being Adopted by the Spouse
of the Other Parent, or by a Relative of the Child or by
the Spouse of a Relative of the Child
54
Form 4—Additional Statements Relating to the Wishes and
Conditions of a Parent with Respect to the Adoption of
a Child within the Aboriginal Community
55
SCHEDULE 10—Prescribed Statements of Persons Present when
Consent is given to an Adoption within Australia
57
SCHEDULE 11—Prescribed Statements of Persons Present when
Consent to Adoption is given in a Country other
than Australia
61
SCHEDULE 12—Certificate of Compliance
64
SCHEDULE 13—Consent of Guardian or Delegate to Adoption of
Non-citizen Child Resident in Victoria
66
SCHEDULE 14—Notice to Parent that an Adoptive Placement cannot
be Found for a Child
68
SCHEDULE 15—Notice to Parent of an Aboriginal Child of Inability
to Place a Child Under Parent's Condition
70
SCHEDULE 16—Notice Varying a Condition of Consent to Adoption
of an Aboriginal Child
73
SCHEDULE 17—Extension of Period for Revoking Consent to
Adoption
75
SCHEDULE 18—Notice Revoking Consent to Adoption
76
SCHEDULE 19—Child Care Agreement—Child Awaiting Adoption
77
iv
Regulation
Page
SCHEDULE 20—Extension of Child Care Agreement—Child
Awaiting Adoption
80
SCHEDULE 21—Memorandum of an Adoption Order
82
SCHEDULE 22—Application for Copy of Birth Certificate
84
SCHEDULE 23—Code of Conduct for Accredited Bodies and their
Staff
85
═══════════════
ENDNOTES
88
1. General Information
88
2. Table of Amendments
89
3. Explanatory Details
90
v
Version No. 002
Adoption Regulations 2008
S.R. No. 10/2008
Version incorporating amendments as at
13 February 2013
PART 1—PRELIMINARY
1 Objective
The objective of these Regulations is to prescribe
matters authorised to be prescribed by, and to
ensure the effective implementation of, the
Adoption Act 1984.
2 Authorising provision
These Regulations are made under section 130 of
the Adoption Act 1984.
3 Commencement
These Regulations come into operation on
26 February 2008.
4 Revocation
The Regulations listed in Schedule 1 are revoked.
5 Definitions
In these Regulations—
Aboriginal agency has the same meaning as in
section 50(3) of the Act;
spouse includes de facto spouse;
the Act means the Adoption Act 1984;
the Department means the Department of Human
Services.
__________________
1
r. 6
Adoption Regulations 2008
S.R. No. 10/2008
Part 2—Adoption Agencies, Accredited Bodies, Overseas Jurisdictions and
Counsellors
PART 2—ADOPTION AGENCIES, ACCREDITED BODIES,
OVERSEAS JURISDICTIONS AND COUNSELLORS
Division 1—Approved adoption agencies
6 Application for approval or renewal of approval of
adoption agency
The following applications must contain the
information set out in Schedule 2—
(a) an application for the approval of the
organisation as an approved agency under
section 21 of the Act;
(b) an application for the renewal of approval as
an approved agency under section 26 of the
Act.
7 Qualifications of principal officer
A welfare organisation must not nominate a
person as its principal officer or deputy principal
officer for the purposes of section 21(2) of the
Act, and an approved agency must not permit a
person to act as, or to exercise the powers and
functions of, a principal officer, unless that
person—
(a) has a tertiary qualification in social work or
in an appropriate social science; and
(b) is experienced in the provision of child and
family services.
Division 2—Approved agencies for overseas adoptions
8 Prescribed persons and organisations for overseas
adoptions
For the purposes of sections 23 and 115(2) of the
Act, the prescribed persons and organisations are
the persons and organisations listed in Schedule 3.
2
Adoption Regulations 2008
S.R. No. 10/2008
Part 2—Adoption Agencies, Accredited Bodies, Overseas Jurisdictions and
Counsellors
9 Permitted arrangements with overseas agencies
The Secretary or an approved agency must not
make arrangements with a person or organisation
referred to in regulation 8 unless the Secretary is
satisfied—
(a) after receiving written evidence, that the
person or organisation is authorised in the
country concerned to arrange for the
overseas adoption of children in or from that
country; and
(b) that the person or organisation is able to
ensure that—
(i) children and natural parents are not
being exploited when arrangements are
being made for the adoption of children
in or from that country; and
(ii) consents to adoption of such children
are not obtained by fraud or under
duress; and
(iii) natural parents have an adequate
opportunity to give informed consent to
adoption of such children; and
(iv) arrangements for the adoption of
children from that country are subject
to the requirements of natural or
substantial justice.
10 Agencies not to be authorised by Secretary in
certain circumstances
The Secretary must not, under section 23 of the
Act, authorise an approved agency to make
arrangements with a person or organisation if the
government of, or a government welfare body in,
the place outside Australia has notified the
Secretary that the overseas adoption of children
3
r. 9
r. 11
Adoption Regulations 2008
S.R. No. 10/2008
Part 2—Adoption Agencies, Accredited Bodies, Overseas Jurisdictions and
Counsellors
from that country has been prohibited by that
country.
Division 3—Accredited bodies for Hague Convention
adoptions
11 Application for accreditation
For the purposes of section 69N(2)(a) of the Act,
the prescribed information is—
(a) the name and address of the approved agency
or, if not yet approved, the name of the
organisation and the location of the proposed
agency for which approval has been sought;
and
(b) a written statement to the effect that the
agency or organisation has accommodation
available for its use and that the
accommodation does not form part of, and is
not adjacent to, accommodation that is used
by an aid organisation or an organisation that
represents adoptive parents; and
(c) a written statement to the effect that the
agency or organisation is not associated with
the collection and disbursement of aid to an
overseas country.
12 Additional criteria for accreditation
For the purposes of section 69O(1)(b)(ii) of the
Act, the prescribed criteria are—
(a) the body is an incorporated non-profit body;
and
(b) the body is not a party to negotiations or an
agreement for the establishment of adoption
arrangements with overseas countries; and
4
Adoption Regulations 2008
S.R. No. 10/2008
Part 2—Adoption Agencies, Accredited Bodies, Overseas Jurisdictions and
Counsellors
(c) the body has a principal officer who has
social science qualifications and experience
in adoption, substitute care or family services
to supervise the adoption arrangements
undertaken by the body; and
(d) the body is financially viable; and
(e) the body has accommodation available for its
use that—
(i) is suitable for the conduct of
assessment, interviews, training and
support for adoption arrangements; and
(ii) does not form part of, and is not
adjacent to, accommodation that is used
by an aid organisation or an
organisation that represents adoptive
parents; and
(f) the body is not associated with the collection
and disbursement of aid to an overseas
country; and
(g) the body has suitable facilities for the
confidential storage of records.
13 Code of conduct for accredited bodies and staff
For the purposes of section 69O(2)(c) of the Act,
the prescribed code of conduct is the "Code of
conduct for accredited bodies and their staff" set
out in Schedule 23.
Division 4—Prescribed overseas jurisdictions
14 Overseas jurisdiction
The People's Republic of China is prescribed as an
overseas jurisdiction for the purposes of Part IVB
of the Act until 1 January 2009.
5
r. 13
r. 15
Adoption Regulations 2008
S.R. No. 10/2008
Part 2—Adoption Agencies, Accredited Bodies, Overseas Jurisdictions and
Counsellors
Division 5—Approved counsellors
15 Secretary to keep list of approved counsellors
(1) The Secretary must keep a list of approved
counsellors.
(2) The Secretary must ensure the list is readily
accessible to approved agencies.
__________________
6
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 16
PART 3—CONSENTS TO ADOPTION
Division 1—Counselling
16 Approved counsellors
For the purposes of section 35(1)(a) of the Act, a
person approved by the Secretary or the principal
officer must be an approved counsellor.
17 Information to be provided by counsellor
(1) A person who provides counselling under
section 35(1) of the Act to a person (a relevant
person) proposing to give consent to the adoption
of his or her child must give the relevant person
written information about the following matters in
a language readily understood by the relevant
person—
(a) the procedures, and the provisions of the Act
and these regulations, applying to the giving
of consent, including the specific procedures
and provisions applying to—
(i) the giving of consent to the adoption of
a child by a relative or a relative's
spouse; or
(ii) the adoption of an Aboriginal child;
(b) the procedures, and the provisions of the Act
and these regulations, relating to extending
the period for revoking consent and the
process for revoking consent within that
period;
(c) the procedures, and the provisions of the Act
and these regulations, applying once consent
may no longer be revoked but before an
adoption order is made; and
(d) information about different arrangements
that may be made to care for the child.
7
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 18
(2) For the purposes of sections 35(1)(b) and 35(1)(c)
of the Act, the information in writing to be given
by a counsellor, and the notice to be given in
writing to the person receiving counselling, must
be in the form of Schedule 6.
Division 2—Parental wishes
18 Wishes of parent in relation to race, ethnic
background, religion etc.
(1) For the purposes of determining the wishes of a
parent under section 15(1)(b) of the Act, the
Secretary or principal officer must ensure that a
parent giving consent to adoption is given the
opportunity of expressing in writing his or her
wishes about the religion, race, or ethnic
background of proposed adoptive parent or
adoptive parents of the child.
(2) If the parent expresses any wishes under
section 15(1)(b) of the Act, a record of the wishes
must—
(a) be made by the Secretary or principal officer;
and
(b) contain the information set out in Form 1 of
Schedule 7.
(3) For the purpose of determining the wishes of a
parent under section 15(1)(c) of the Act, the
Secretary or principal officer must ensure that,
after consent is given, the parent is given an
opportunity to express in writing his or her wishes
about access to the child and information about
the child.
(4) If the parent expresses any wishes under
section 15(1)(c) of the Act, a record of the wishes
must—
(a) be made by the Secretary or principal officer;
and
8
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 19
(b) contain the information set out in Form 2 of
Schedule 7.
19 Wishes of parent with respect to receiving notice of
certain events
(1) To enable the Secretary or principal officer to
determine whether or not a person who has given
consent for the purposes of Division 3 of Part II of
the Act wishes to receive notice of an event
referred to in sections 44(1)(a), 44(1)(b), 44(1)(c)
or 44(1)(e) of the Act, the Secretary or the
principal officer must ensure the person is given
an opportunity at the time of giving consent to
adoption to express a wish not to be given notice
of any particular event.
(2) If the person expresses a wish referred to in
subregulation (1), a record of the wishes must—
(a) be made by the Secretary or principal officer;
and
(b) contain the information set out in
Schedule 8.
(3) At the time the record is made, the Secretary or
principal officer must ensure the person is advised
that changes to his or her wishes about being
notified about any particular event may be made
at any time by notifying the Secretary or principal
officer in writing.
9
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 20
Division 3—Procedures for consenting to adoption
20 Form of consent to adoption
For the purposes of sections 34(1) and 34(3) of the
Act—
(a) the form of consent is in the prescribed form
if—
(i) in the case of a consent not referred to
in subparagraph (ii) or (iii)—it contains
the information set out in Form 1 of
Schedule 9; or
(ii) in the case of consent by a person to the
adoption of his or her child by his or
her spouse—it contains the information
set out in Form 2 of Schedule 9; or
(iii) in the case of consent by a person to the
adoption of his or her child by the
spouse of the child's other parent or to
adoption by a relative of the child—it
contains the information set out in
Form 3 of Schedule 9; and
(b) the prescribed statements are—
(i) in the case where a person gives
consent in Australia—the statements set
out in Schedule 10; or
(ii) in the case where a person gives
consent to adoption in a country outside
Australia—the statements set out in
Schedule 11.
21 Conduct of discussions
When a parent gives consent to the adoption of a
child, the persons in whose presence consent is
given must conduct their discussions in a sensitive
manner and in a setting that ensures dignity,
privacy and confidentiality.
10
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 22
22 Persons who may witness consent
(1) For the purposes of section 34(1)(a)(ii) of the Act,
the person approved by the Secretary or principal
officer must be—
(a) the person who gave the counselling for the
purposes of section 35(1)(a) of the Act; or
(b) if the person who gave the counselling is
unavailable or it is impracticable for the
person to be present because of the particular
circumstances, a person who has a detailed
knowledge of adoption practice particularly
in relation to—
(i) the effects of an adoption order; and
(ii) the procedure for extending the period
for revoking consent; and
(iii) the procedure for revoking consent.
(2) For the purposes of section 34(2)(a) of the Act,
the prescribed officials of a court are—
(a) the Prothonotary or Deputy Prothonotaries of
the Supreme Court; and
(b) the Registrar or Deputy Registrars of the
County Court approved by the Registrar for
the purposes of the section; and
(c) the Registrar at each venue of the
Magistrates' Court in the Melbourne
metropolitan area that is authorised for the
purposes of the section by the Secretary to
the Department of Justice; and
(d) the Registrar at each venue of the
Magistrates' Court outside the Melbourne
metropolitan area.
11
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 23
23 Matters to be complied with before statement signed
A person must not sign a statement referred to in
regulation 20(b) unless the person believes that
the person giving consent understands—
(a) the effect of an adoption order; and
(b) the procedures for revoking consent to the
adoption; and
(c) the procedure for extending the period for
revoking consent to the adoption.
24 Offence to accept a fee for being present at a consent
to adoption
A person must not solicit, or accept, a fee for
being present when a consent to adoption is given
under section 34 of the Act.
Penalty: 5 penalty units.
25 Documents to be given to person consenting to
adoption
At the time consent to adoption is given, the
person referred to in section 34(2) of the Act
must—
(a) hand the following forms to the person
giving consent to adoption—
(i) a true and completed copy of the form
of consent to adoption of the child set
out in Schedule 9 and signed by the
person;
(ii) a blank copy of the form set out in
Schedule 18 to enable the person to
revoke consent;
(iii) a blank copy of the form set out in
Schedule 17 containing the name and
address of the adoption agency or the
officer of the Department of Human
12
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 26
Services who is arranging the adoption
to enable the person to extend the
period for revoking consent; and
(b) immediately forward the original signed
consent form, or ensure that it is delivered, to
the Secretary or the principal officer of the
approved agency named in the form.
26 Certificate of compliance
For the purposes of section 35(3) of the Act, a
certificate referred to in that subsection must be in
the form set out in Schedule 12.
27 Consent to adoption by guardian of non-citizen
child
For the purposes of section 36 of the Act, a
consent is in the prescribed form of consent if it
contains the information set out in Schedule 13.
28 Notification to parent of inability to place child
For the purposes of section 38(1) of the Act, a
notice informing a person that the Secretary or
principal officer is unable to place a child with a
proposed adoptive parent or proposed adoptive
parents must—
(a) contain the information in Schedule 14; and
(b) be accompanied by the form set out in
Schedule 18 to enable the parent to revoke
his or her consent.
Division 4—Additional provisions applying to adoption of
Aboriginal children
29 Expression of wishes at time of giving consent
If at the time consent is given under section 37 of
the Act, the parent of an Aboriginal child
expresses a wish under section 50 of the Act that
the child be adopted within the Aboriginal
13
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 30
community, the instrument of consent must also
contain the information set out in Form 4 of
Schedule 9.
30 Conditions of access to Aboriginal child
(1) For the purposes of section 37(1) of the Act, the
prescribed terms on which access may be had to
an adopted child whose parent's consent is subject
to a condition referred to in that subsection are—
(a) if the consent is subject to a condition that
members of the Aboriginal community to
which the child belongs have a right of
access to the child—
(i) that a person acting under the authority
of an Aboriginal agency has a right to
visit the child and the adoptive parents
in their home twice each calendar year
to assess the extent of contact, and the
opportunities for contact, between the
child and the Aboriginal community
and to assist and support the adoptive
parents in arranging contact between
the child and the Aboriginal
community; and
(ii) if an Aboriginal agency has arranged a
conference under this regulation, that a
member of the Aboriginal community
seeking access to the child cannot have
access until that member has attended
the conference arranged by the agency;
or
(b) if the consent is subject to a condition that a
specified relative of the child is to have a
right of access to the child and an Aboriginal
agency has arranged a conference under this
regulation, that the relative cannot have
access to the child until the relative has
14
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 31
attended the conference arranged by the
agency.
(2) An Aboriginal agency may arrange a conference
for the purposes of subregulation (1) in relation to
a relative of an adopted child or a member of the
Aboriginal community to which the child belongs.
(3) The aims of the conference are—
(a) to resolve any difficulties about access that
may be occurring; and
(b) to establish the basis for future access to the
adopted child by the relative or member of
the Aboriginal community.
(4) The conference is to be attended by a
representative of the Aboriginal agency and the
relative or member of the Aboriginal community.
(5) The Aboriginal agency may invite any of the
following persons to attend the conference if
participation by the person is relevant—
(a) the natural parents of the adopted child;
(b) the adoptive parents of the adopted child;
(c) the adopted child, if sufficiently mature;
(d) particular members of the Aboriginal
community to which the child belongs.
31 Notices to be given if condition of consent cannot be
met
For the purposes of section 37(2) of the Act—
(a) a notice given to the parent who consented to
the adoption is in the prescribed form if it
contains the information set out in
Schedule 15; and
(b) the notice to be served on the Registrar of the
County Court must contain the information
set out in Schedule 16.
15
Adoption Regulations 2008
S.R. No. 10/2008
Part 3—Consents to Adoption
r. 32
Division 5—Revocation and extension of time for revocation
of consent
32 Extension of period for revoking consent
For the purposes of section 41(1)(a) of the Act—
(a) a form declaring that the period for revoking
consent is in the prescribed form if it
contains the information set out in
Schedule 17; and
(b) the prescribed method of attestation is that
the form be witnessed by a person who is
18 years of age or older.
33 Notice of revocation of consent
For the purposes of section 41(2) of the Act, the
prescribed address is—
250 William Street
MELBOURNE 3000.
__________________
16
Adoption Regulations 2008
S.R. No. 10/2008
Part 4—Care of Children Awaiting Adoption
r. 34
PART 4—CARE OF CHILDREN AWAITING ADOPTION
34 Care of child before guardianship effective
(1) If a person described in section 45(1)(a) or
45(1)(b) of the Act wishes to authorise the
Secretary or principal officer to exercise rights of
custody over a child before guardianship is
effective under section 46 of the Act, the authority
is not effective unless the Secretary or principal
officer first agrees in writing to exercise rights of
custody over the child.
(2) An authority must be in writing and must be
entered into as an agreement between the person
and the Secretary or the principal officer of the
adoption agency.
(3) The Secretary or principal officer must ensure that
the person understands—
(a) the effect, nature and duration of the
agreement; and
(b) the provisions of sections 45(1)(c) to
45(1)(g) of the Act for ending the agreement;
and
(c) the provisions for placing the child under
section 45(3) of the Act; and
(d) any rights to access the person has while the
agreement is in force.
(4) The agreement must be in the form of
Schedule 19.
(5) If an agreement has been entered into under this
regulation, any extension of the agreement under
section 45(2) of the Act must be in the form of
Schedule 20.
__________________
17
Adoption Regulations 2008
S.R. No. 10/2008
Part 5—Applications for Adoptions
r. 35
PART 5—APPLICATIONS FOR ADOPTIONS
Division 1—Prescribed requirements for applicants
35 Requirements to be satisfied by applicants for
adoption of a child
For the purposes of section 15(1)(a) of the Act,
the prescribed requirements are—
(a) the health of the applicants, including
emotional, physical and mental health, is
suitable;
(b) the age and maturity of the applicants are
suitable;
(c) the applicants have suitable skills and life
experience;
(d) the applicants' financial circumstances are
suitable;
(e) the applicants have the capacity to provide a
stable, secure and beneficial emotional and
physical environment during a child's
upbringing until the child reaches social and
emotional independence;
(f) the applicants have the capacity to provide
appropriate support to the maintenance of a
child's cultural identity and religious faith
(if any);
(g) the applicants have a suitable appreciation of
the importance of—
(i) contact with a child's birth parent and
family; and
(ii) exchange of information about the child
with the child's birth parent and family;
18
Adoption Regulations 2008
S.R. No. 10/2008
Part 5—Applications for Adoptions
r. 36
(h) the general stability of character of the
applicants is suitable and the criminal history
(if any) of the applicants does not make the
applicants unsuitable;
(i) the stability and quality of the applicants'
relationship with each other, and between
them and the other household and family
members, is suitable;
(j) the criminal history (if any) of the household
members does not make the applicants
unsuitable;
(k) if the applicants have had the care of a child
before applying for approval as fit and
proper persons to adopt a child, the
applicants have shown an ability to provide a
stable, secure and beneficial emotional and
physical environment for the child.
Division 2—Approval of persons to adopt children
36 Application for approval as a fit and proper person
For the purposes of section 13(2) of the Act, an
application for approval as a fit and proper person
to adopt a child must—
(a) be in writing; and
(b) contain the information set out in
Schedule 4; and
(c) be accompanied by a completed statement of
personal details specified in Schedule 5.
37 Requirements to be satisfied by applicants for
approval as fit and proper persons to adopt a child
For the purposes of section 13(3) of the Act, the
prescribed requirements are the same
requirements as those prescribed by regulation 35.
19
Adoption Regulations 2008
S.R. No. 10/2008
Part 5—Applications for Adoptions
r. 38
Division 3—Register of adoptions
38 Registration of adoption orders
(1) For the purposes of sections 70(1), 70(2) and
70(3) of the Act, the prescribed officer of the
Court is—
(a) the Prothonotary or Deputy Prothonotary of
the Supreme Court; or
(b) the Registrar or Deputy Registrars of the
County Court approved by the Registrar for
the purposes of section 70.
(2) For the purposes of section 70(1) of the Act, the
memorandum is in the prescribed form if it
contains the information set out in Schedule 21.
(3) For the purposes of section 70(1)(b) of the Act,
prescribed particulars are—
(a) the sex, names under the adoption order, date
and place of birth of the adopted child and, if
the child was born outside Victoria, details
of the State or Territory in Australia, or
details relating to the country, where the
child was born; and
(b) the given names, the family name, the place
of birth, the age at the birth of the child and
usual occupation of the adoptive father or, in
the case of adoption by the spouse of a
father, of the person registered as father
before the adoption order was made; and
(c) the given names, the family name, the
maiden family name, the place of birth, the
age at the birth of the child and usual
occupation of the adoptive mother or, in the
case of adoption by the spouse of a mother,
of the person registered as mother before the
adoption order was made; and
20
Adoption Regulations 2008
S.R. No. 10/2008
Part 5—Applications for Adoptions
r. 39
(d) if married, the date and place of marriage of
the adoptive parent or parents or, in the case
of adoption by the spouse of a parent, the
date and place of marriage of that spouse and
the adoptive parent or, if not married, the
date the relationship commenced; and
(e) the given names, the family names and the
ages, at the time of birth of the adoptive
child, of all children of the adoptive parent or
parents or, in the case of adoption by the
spouse of a parent, all children of the
adoptive parent and the spouse of the
adoptive parent; and
(f) as "informant", the full name and address of
the person who made the report to the court
on behalf of the Secretary or the principal
officer of an approved agency or, 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 adoptive parents of the
adopted person.
(4) For the purposes of sections 72(a)(ii) and 73(b) of
the Act, the prescribed particulars relating to a
person whose birth is registered in Victoria and
for whom an adoption order has been made in
another State or Territory or another country are
the particulars listed in subregulation (3).
39 Details of adoptions to be provided to the Secretary
by approved agencies
For the purposes of section 85(2)(b) of the Act,
the details of the parties to an application to an
adoption to be given to the Secretary by an
approved agency are—
(a) the former registered names, date and place
of birth of the child; and
21
Adoption Regulations 2008
S.R. No. 10/2008
Part 5—Applications for Adoptions
r. 39
(b) the names of the child that are given in the
adoption order; and
(c) the names and address and date and place of
birth of the natural parents of the child; and
(d) the names and address and date and place of
birth of the adoptive parents of the child; and
(e) the name and address of the person who
submitted the report to the court referred to
in section 15(1) of the Act.
__________________
22
Adoption Regulations 2008
S.R. No. 10/2008
Part 6—Birth Certificates
r. 40
PART 6—BIRTH CERTIFICATES
40 Form of application for birth certificate
For the purposes of section 92(2) or 92(3) of the
Act the prescribed form is the form set out in
Schedule 22.
41 Fees payable
(1) For the purposes of section 92(4) of the Act, the
prescribed fee is the appropriate fee prescribed
under the Births, Deaths and Marriages
Registration Act 1996.
(2) The fee payable to the Secretary or an approved
agency for any other application under Part VI of
the Act is 73 fee units.
Note
The fees prescribed by this regulation are subject to section 113 of
the Act. This section provides that the Secretary or the principal
officer of an approved agency or accredited body may waive or
reduce, in a particular case or classes of cases, fees that would
otherwise be payable pursuant to this Act to the Secretary or the
principal officer, as the case may be.
__________________
23
Adoption Regulations 2008
S.R. No. 10/2008
Part 7—General
r. 42
PART 7—GENERAL
42 Financial assistance
For the purposes of section 105 of the Act, the
prescribed classes of children are—
(a) children with a physical, sensory, intellectual
or emotional disability;
(b) children of a family group who have been
adopted by the same adoptive parent or
parents, or placed with the same person or
persons for the purposes of adoption;
(c) children who the Secretary considers have
unusual or difficult circumstances.
43 Time to comply with request for information
For the purpose of section 123 of the Act, the
prescribed period is 28 days.
__________________
24
Adoption Regulations 2008
S.R. No. 10/2008
Part 8—Savings and Transitional
r. 44
PART 8—SAVINGS AND TRANSITIONAL
44 Pending applications and consents
Any consent to the adoption of a child, or
application to adopt a child or for approval of an
organisation as an adoption agency which had not
been finalised before the commencement of these
Regulations may be completed as if the Adoption
Regulations 1998 were still in force.
45 Persons deemed to be fit and proper
An approval of a person as a fit and proper person
to adopt a child under the Adoption Regulations
1998 and any refusal, deferment or withdrawal of
such an approval by the Secretary or by the
principal officer of an agency continues to have
effect as if the approval, refusal, deferment or
withdrawal was made under these Regulations.
__________________
25
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 1
SCHEDULES
SCHEDULE 1
Regulation 4
REGULATIONS REVOKED
S.R. No.
Title
32/1999
Adoption (Amendment) Regulations 1999
116/2001
Adoption (Amendment) Regulations 2001
77/2002
Adoption (Amendment) Regulations 2002
130/2005
Adoption (Fees) Regulations 2005
__________________
26
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 2
SCHEDULE 2
Adoption Regulations 2008
Regulation 6
INFORMATION TO BE CONTAINED IN AN APPLICATION
FOR APPROVAL OF ADOPTION AGENCY
The name and address of the organisation and location of the
proposed agency.
The membership and interests of members of any governing
body of the organisation.
A copy of the rules, constitution, memorandum or articles of
incorporation, as the case may be, of the organisation and a copy
of any instrument evidencing the trusts, if any, related to the
organisation.
The proposed method of financing the agency, including a
financial statement and budget estimate.
The reasons the organisation wishes to make arrangements for
adoption of children.
The activities the organisation proposes to undertake in relation
to arranging adoptions, and the provision of an Adoption
Information Service.
The experience of the organisation in adoption or related family
welfare services.
The organisation's links with other child and family welfare
services including arrangements for the care of a child before
adoptive placement and after a child is removed from an
adoptive placement.
The populations and geographical area of Victoria that the
proposed agency would serve.
If adoption of children from overseas countries is proposed, the
links established or proposed with organisations or persons in
such countries.
27
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 2
Accommodation, including rooms suitable for the conduct of
assessment, interviews, training and support for adoption
arrangements.
The number, experience, qualifications and duties of staff.
Provisions for the training of staff.
The structure, membership and interests of members of the
committee making recommendations on applications for
approval as persons suitable to adopt a child.
The structure, membership and interests of the committee
concerned with the placement of children for adoption.
The method of keeping records of persons involved in adoption
arrangements and for the safekeeping of these records.
Procedures for the internal review and evaluation of the agency.
__________________
28
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 3
SCHEDULE 3
Adoption Regulations 2008
Regulation 8
PRESCRIBED PERSONS AND ORGANISATIONS FOR
INTERCOUNTRY ADOPTION ARRANGEMENTS
COUNTRY
PERSON OR ORGANISATION
ETHIOPIA
Secretary, Adoption Committee
Ministry of Women's Affairs
Mothers & Children's Affairs Dept
PO Box 1293
Addis Ababa
ETHIOPIA
CHILE
Director of Adoption
SENAME
Postal Box 51230, Correo 1
Santiago de Chile
Chile
SOUTH AMERICA
CHINA
The Director
Administration Department
China Centre of Adoption Affairs
(CCAA)
No. 16, Wang Jia Yuan Lane
Dong Cheng District
Beijing 100027
PEOPLES REPUBLIC OF CHINA
FIJI
Director
Department of Social Welfare
PO Box 2127
Government Buildings
Suva
FIJI
HONG KONG
Executive Director
International Social Service
Hong Kong Branch
6/F Southern Centre
130 Hennessy Road
Wanchai
HONG KONG
29
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 3
COUNTRY
PERSON OR ORGANISATION
INDIA
Principal Officer
St Michael's Home
No. 50 Feet Road (Old Madras Road)
India Nagar
Bangalore 560038
INDIA
Principal Officer
Indian Society for Sponsorship and
Adoption
1 Palace Court
1 Kyd Street
Calcutta 700016
INDIA
Principal Officer
Basundhara, AT-Abhinab Bidanasi
Cuttack 753008
Orissa
INDIA
Principal Officer
Missionaries of Charity
Nirmala Shishu Bhavan
12 Commissioner's Lane
Delhi 1110054
INDIA
Director
Holy Cross Social Service Centre
Children's Home
Dheer Par, D.D.A. Project
Near Nirankari Savovar 16i
INDIA
Secretary
Central Adoption Resources Agency
(CARA)
Ministry of Welfare
West Block 8, Wing 2
2nd Floor, R.k. Param
New Delhi 110066
INDIA
30
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 3
COUNTRY
PERSON OR ORGANISATION
Principal Officer
Bharatiya Samaj Seva Kenora (BSSK)
Plot No. 373 North Main Road
6th Lane, Near Blue Bells Society
Koregaon Park
Pune 411001
INDIA
Principal Officer
Welfare Home for Children
1-B Institutional Area
Sarita Vihar
New Delhi
INDIA
KOREA
Executive Director
Eastern Social Welfare Society
PO Box 241
Sodaemun
Seoul
KOREA
LITHUANIA
Director
State Child Rights Protection and
Adoption Service
Ministry of Social Security and Labour
Sodu Str 15
2006 Vilnius
LITHUANIA
PHILIPPINES
Officer in Charge
Intercountry Adoption Board
#2 Chicago Cnr Ermin Garcia Streets
Barangay Pinagkaisahan
Cubao, Quezon City
PHILIPPINES
POLAND
Ministerstwo Praci I Polityki Spolecznej
Ul. Nowogrodzka 1/3/5
00-513 WARSZAWA 7
POLAND
31
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 3
COUNTRY
PERSON OR ORGANISATION
TAIWAN
Executive Director
Christian Salvation Service
7F, No. 420, Sec.1
Keelung Road
Taipei
TAIWAN
REPUBLIC OF CHINA
SRI LANKA
Commissioner
Department of Probation and Child Care
150A 2nd Floor
L.H.P.B. Building Nawala Road
Nugegoda
SRI LANKA
THAILAND
Director
Child Adoption Centre
Department of Social Development and
Welfare
Rajvithi Road, Payathai
Bangkok 10400
THAILAND
__________________
32
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 4
SCHEDULE 4
Adoption Regulations 2008
Regulation 36
INFORMATION TO BE PROVIDED IN APPLICATION FOR
APPROVAL AS FIT AND PROPER PERSON TO ADOPT A
CHILD
The full name of the applicant.
The date of birth of the applicant.
The address of the applicant.
The home and business telephone number of the applicant.
A statement to the effect that, if the application is approved, the
applicant understands that his or her name will be placed on a
register of persons approved as fit and proper persons to adopt a
child.
A statement to the effect that the applicant understands that
being placed on a register does not ensure that a child will be
placed for adoption with the applicant.
A statement to the effect that the applicant understands that he
or she may also be asked to complete or provide other forms or
documents such as birth certificates, medical forms, marriage
and divorce certificates, citizenship certificates, police record
authorisation, and previous assessments for placement of
children and other personal information.
In the case of an applicant for adoption of a child from another
country—
(a) the name of the country from which it is intended to adopt
the child; and
(b) a statement to the effect that the applicant understands that
approval to adopt a child from a country named in the
register does not apply to any other country and that a
further approval may be necessary to adopt a child from
any other country.
33
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 4
The signature of the applicant and the date the application was
signed.
__________________
34
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
SCHEDULE 5
Adoption Regulations 2008
Regulation 36
STATEMENT OF PERSONAL DETAILS REQUIRED TO BE
SUBMITTED WITH AN APPLICATION FOR APPROVAL AS
A FIT AND PROPER PERSON TO ADOPT A CHILD
PURPOSE OF THIS FORM:
THE INFORMATION YOU PROVIDE IN THIS FORM IS DESIGNED
TO ASSIST THE ADOPTION AGENCY ADVISE YOU ABOUT YOUR
ELIGIBILITY TO ADOPT A CHILD. IT ALSO INCLUDES SOME OF
THE MATTERS THE COURT WILL CONSIDER IF YOU MAKE AN
APPLICATION TO THE COURT TO ADOPT A CHILD.
INFORMATION ABOUT YOUR RELIGION, RACE OR ETHNIC
BACKGROUND IS RELEVANT AS THE AGENCY MUST CONSIDER
THE WISHES OF A NATURAL PARENT BEFORE PLACING A
CHILD WITH YOU.
INFORMATION PROVIDED MUST BE CORRECT AT THE TIME
YOU SIGN THE FORM, ALTHOUGH IT IS UNDERSTOOD YOUR
CIRCUMSTANCES MAY CHANGE TO SOME EXTENT.
IF ANY QUESTION DOES NOT APPLY TO YOU, WRITE 'N.A.' IN THE
SPACE PROVIDED.
APPLICANT
No. 1
PERSONAL DETAILS
Surname
Given Names
Address
Previous surnames
Sex
Date of Birth
Place of Birth
(i.e. State or Country
of Birth)
35
APPLICANT
No. 2
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
Marital status
(i.e. Married,
Divorced, Widow/er,
De facto, Separated,
or Single)
If currently married,
date and place of
marriage (i.e. Country,
State, Town or
Suburb)
If currently in a
de facto relationship,
the date of
commencement of that
relationship
Previous marriages—
(If divorced—country
or State, Date and
Number of Divorce)
If a widow/er—date
of death of husband
or wife
Nationality
If naturalised, date
of citizenship/
naturalisation
Race or Ethnic Origin
Religion
Education Level
Achieved
Qualifications
Current Occupation
(Include household
duties or unemployed)
36
APPLICANT
No. 2
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
APPLICANT
No. 2
Current Employer
(Name and Address)
Children
(List the names and
dates of birth of all
children in your care
indicating under
"Relationship"
whether they are your
children by birth or
adoption or are
fostered etc., and
under "Court Orders"
note whether a court
order such as
guardianship, custody,
access or maintenance
applies).
Relationship
Court Orders
Child 1
(name)
(date of birth)
Child 2
(name)
(date of birth)
Child 3
(name)
(date of birth)
Child 4
(name)
(date of birth)
Child 5
(name)
(date of birth)
37
Relationship
Court Orders
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
Health—Applicants:
(Please give names
and addresses of
medical practitioners
known to you who
may be able to provide
medical reports.)
Doctor's Name:
Address:
Phone No.:
Doctor's Name:
Address:
Phone No.:
Doctor's Name:
Address:
Phone No.:
Health—Children:
(Please comment
generally on the
physical and
emotional health of
each child in your care
noting any particular
problem or concerns
occurring now or
previously including
any specialist
treatment or services
provided. For
preschool children a
paediatric report will
be required.)
Social development—
Children
(Please provide details
of one referee per
child as follows.)
Name of preschool
centre manager/
teacher or principal:
38
APPLICANT
No. 2
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
Child's name:
Centre/school:
Grade:
Address:
Telephone no.:
FINANCIAL
STATEMENT
PART A: INCOME—
EXPENDITURE
(1) ANNUAL INCOME
Salary and Wages
and/or Net Income
from business
Centrelink Payments
(and type of benefit)
Spousal Maintenance
from Previous
Marriage(s)
Child support from
previous marriage(s)
Dividends and Interest
Rents
All other sources
(please specify)
If joint income
(e.g. business) please
specify
TOTAL ANNUAL
INCOME FOR EACH
APPLICANT
39
APPLICANT
No. 2
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
(2) ANNUAL
EXPENSES
Income Tax
Insurance and
Superannuation
Health Insurance
Rent
Rates and Taxes
Mortgage Payments
Residence(s)
Investment
Property(ies)
Business Property(ies)
Food and Household
Expenditure
Electricity/Gas/Fuel
Telephone
Clothing
Child Care and
Education
Entertainment
Fares
Car Maintenance and
Registration
Hire Purchase/Credit
Payments
Maintenance from
Previous Marriage
Professional
Membership/
Education Fees
Personal Loans
40
APPLICANT
No. 2
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
Travel
Other (please specify)
If joint expenditure
(e.g. business) please
specify
TOTAL ANNUAL
EXPENSES FOR EACH
APPLICANT
TOTAL NET INCOME
PART B—ASSETS
AND LIABILITIES
(1) Assets
Family Residence(s)
Investment
property(ies) (Please
give improved capital
value)
Shares and Debentures
Credits in Bank
Savings Accounts,
Building Societies,
and Cash on Hand
Insurance Policies
(Please specify
surrender value.)
Motor Vehicles
(Please give present
value.)
Other Property (Please
give value)
(2) Liabilities/Financial
Obligations (Not
included in Part A)
41
APPLICANT
No. 2
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
Amount Owing:
Residence(s)
Investment
Property(ies)
Business Property(ies)
Personal Loan(s)
(including credit
cards)
Other
REFEREES
Referee 1
Name:
Address:
Contact phone
number:
Nature of relationship
to applicant:
Referee 2
Name:
Address:
Contact phone
number:
Nature of relationship
to applicant:
Referee 3
Name:
Address:
Contact phone
number:
Nature of relationship
to applicant:
42
APPLICANT
No. 2
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 5
APPLICANT
No. 1
APPLICANT
No. 2
Referee 4
Name:
Address:
Contact phone
number:
Nature of relationship
to applicant:
Signature, Applicant No. 1
Signature, Applicant No. 2
Signature of Witness
Signature of Witness
Name of Witness
Name of Witness
Address of Witness
Address of Witness
Date
Date
__________________
43
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 6
SCHEDULE 6
Adoption Regulations 2008
Regulation 17
WRITTEN INFORMATION TO BE PROVIDED BY COUNSELLOR
NOTICE TO PARENT CONSIDERING PLACING A CHILD
FOR ADOPTION
When you are thinking about adoption for your child there are a
number of different arrangements you can consider for raising
your child. One of these arrangements may be best suited to you
and your child.
These arrangements include—

 raising the child yourself using the supports and financial
benefits available in your community.

 temporary care by another family until you have set up
living arrangements, income and other supports.

 permanent care of your child by other parents who may
have a legal order such as a custody order, guardianship
order or adoption order. When these orders exist they
involve transfer of some or all of your legal rights as a
parent.
When an adoption is finalised the Court makes an adoption
order. This causes major legal changes affecting your
relationship with your child.
Transfer of rights
Once an adoption order is made the child is treated in law in
every way as the child of the parents who adopt the child.
Your rights and responsibilities as a parent are given to the
adoptive parent. An adoption order is permanent unless there
are exceptional circumstances.
Names of the child
44
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 6
After adoption the child may have new names. When an
adoption order is made the Court approves the names of the
child specified in the adoption application. The surname is
usually the surname of the parents applying to adopt.
They also select given names which may be new names or
names the child is known by.
New birth certificate
After adoption your child receives a new Birth Certificate
which includes the names of the adoptive parents.
Inheritance
After adoption your child is entitled to inherit from the
adoptive parents as if the child was born to them.
Your child may only inherit from you or your relatives if
named in your will or the will of a relative.
Rights of natural parent
The law allows natural parents to have some rights after an
adoption order is made.
It entitles you to some information about your child after an
adoption order is made.
You may be entitled to have access to your child if this has
been included in the adoption order, or if other arrangements
have been agreed to by you and the adoptive parents.
When an adoption order is granted to a step-parent who is
married to the parent still caring for the child, the law regards
both of these parents as the child's parents. The parent still
caring for the child in this case does not lose any of their rights
as a parent.
If you are the other parent of the child (that is the parent who is
no longer caring for the adopted child) you are no longer treated
in law as the child's parent. All of the usual effects of an
adoption order would apply to you once an adoption order is
made.
45
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 6
At any time before or after an adoption order is made you can
apply to the Registrar of Births, Deaths and Marriages for a
certified copy of your child's original birth certificate.
To obtain a copy of your child's original birth certificate you
should apply either in writing or in person to—
The Registrar of Births, Deaths and Marriages,
Ground Floor, 595 Collins Street
Melbourne 3000.
There are a number of organisations that provide services to
parents. These services are designed to support parents as they
raise their children.
The names and addresses of organisations identified by your
counsellor are:
If your child is not placed for adoption, your counsellor has
informed you of the following alternatives:
Your counsellor will also discuss with you some of the services
that may assist you in the event your child is not placed for
adoption. The names and addresses of organisations identified
by your counsellor are:
__________________
46
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 7
SCHEDULE 7
Adoption Regulations 2008
Regulation 18
RECORD OF WISHES OF PARENT
FORM 1
WISHES OF NATURAL PARENT WITH RESPECT TO RELIGION,
RACE OR ETHNIC BACKGROUND OF ADOPTIVE PARENTS
The full name, address and date of birth of the natural parent of the child.
The name, date of birth and place of birth of the child.
A statement by the parent as to whether or not he or she wishes to express a
preference about the religion, race or ethnic background of any adoptive
parents for the child being considered by the Secretary or the principal officer
of the adoption agency.
If the parent wishes to express a preference, a statement of his or her wishes
with respect to—
(a) religion;
(b) race; and
(c) ethnic background—
of the adoptive parents being considered for the placement of the child.
A statement that the person understands that, although his or her wishes will
be considered carefully, it may not be possible to place his or her child with
people who meet all of his or her wishes.
The signature of the parent.
The signature of an approved counsellor.
The date and place where the statement of wishes was signed.
__________________
47
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 7
FORM 2
WISHES OF NATURAL PARENT AFTER CONSENT IS GIVEN
WITH RESPECT TO INFORMATION ABOUT A CHILD AND
ACCESS TO A CHILD
The full name, address and date of birth of the natural parent of the child.
The name, date of birth and place of birth of the child.
Understandings
A statement by the natural parent that he or she understands that—
(a) the Secretary or principal officer of the adoption agency must consider
both his or her wishes and the welfare and interests of his or her child
before placing the child for adoption;
(b) it may not be possible to find a placement for his or her child that
meets all his or her wishes and that the Secretary or principal officer
may place the child in a placement that does not fit his or her wishes if
this is in the child's interests;
(c) if the adoptive parents and the natural parent agree, arrangements
about information or access to the child may be included as conditions
of an adoption order;
(d) if conditions are included in an adoption order, an adoptive parent of
the adopted child, a parent who gave consent to the adoption of the
child, the adopted child or a person on behalf of the adopted child may
later apply to the Court to vary or revoke the conditions;
(e) if conditions are not included in an adoption order, an adoptive parent
of the adopted child, a parent who gave consent to the adoption of the
child, the adopted child or a person on behalf of the adopted child may
later apply to the Court to vary the adoption order to include one or
more conditions;
(f) an order to include, vary or revoke a condition, the effect of which is
to grant a person a right of access, or greater rights of access, to the
adopted child, cannot be made unless the adoptive parents agree and
the Court is satisfied that, as far as practicable, the wishes of the
adopted child have been ascertained and due consideration has been
given to those wishes, having regard to the age and understanding of
the child.
48
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 7
Wishes of natural parent with respect to information about his or her child
A statement by the natural parent whether or not he or she wishes to be
contacted and advised if no placement is available to meet his or her wishes.
A statement by the natural parent whether or not he or she wishes to have his
or her child placed with persons who agree to give information about the
child to the Secretary or to the principal officer and, if so, the frequency with
which the parent wishes such information to be given.
Wishes of natural parent with respect to information about conditions on
adoption order
A statement by the natural parent whether or not he or she wishes his or her
child to be placed with persons who agree to have his or her wishes for
information about the child to be included in an adoption order.
Wishes of natural parent with respect to access to his or her child
A statement by the natural parent whether or not he or she wishes his or her
child to be placed with persons who agree—
(a) to allow him or her access to the child and, if so, the frequency access
is required;
(b) to allow relatives to have access to the child and, if so, the name and
address of the relative or relatives to have access, relationship to the
child, and the frequency access is required.
Wishes of natural parent with respect to access conditions on access order
A statement by the natural parent whether or not he or she wishes his or her
child to be placed with persons who agree to have his or her wishes for access
to the child to be included in an adoption order.
The signature of the parent.
The signature of an approved counsellor.
The date and place where the statement of wishes was signed.
__________________
49
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 8
SCHEDULE 8
Adoption Regulations 2008
Regulation 19
WISHES OF NATURAL PARENT WITH RESPECT TO
RECEIPT OF INFORMATION AFTER CONSENT IS GIVEN
The full name and date of birth of the natural parent of the child.
The address of the natural parent for the delivery of notices.
The name and date of birth of the child.
A statement by the natural parent that he or she understands that
the Secretary or the principal officer must inform him or her of
certain things that occur between the time the parent gave
consent to the adoption of his or her child and when the
adoption order is made.
A statement by the natural parent that he or she understands that
he or she must be told if the Secretary or principal officer
decides not to continue as guardian of his or her child.
A statement by the natural parent whether or not he or she
wishes to be told—
(a) about the end of the time during which he or she can
revoke his or her consent to adoption;
(b) about the placement of his or her child with persons who
expect to adopt the child;
(c) if the child is taken away from the persons who expected
to adopt the child because staying with them was not in
the child's best interests;
(d) if the child dies before an adoption order is made;
(e) when an order for the adoption of the child is finally made
by the Court.
50
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 8
A statement by the natural parent that he or she understands that
he or she may change his or her wishes at any time about being
told of any of the matters listed in the previous paragraph and
that if he or she does change his or her mind, he or she must
advise the Secretary or principal officer in writing.
The signature of the parent.
The signature of an approved counsellor.
The date and place where the statement of wishes was signed.
__________________
51
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 9
SCHEDULE 9
Adoption Regulations 2008
Regulations 20 and 25
FORMS OF CONSENT TO THE ADOPTION OF A CHILD
FORM 1—GENERAL CONSENT TO ADOPTION
The full name of the person giving consent.
The address of the person giving consent.
The date and place of birth of the person giving consent.
The full name of the child.
The date of birth of the child.
The place of birth of the child.
The relationship of the child to the person giving consent.
A statement that the person consents to the adoption of the child.
A statement that, in giving his or her consent, the person understands that
when the Court makes an adoption order—
•
he or she will lose his or her rights as a parent of the child.
•
those rights will be transferred to the person or persons who adopt the
child.
•
the child will be treated in law as the child of the person or persons
who adopt the child.
A statement that the person understands that an adoption agency will make
any arrangements needed before an adoption order is made.
An authority for the Secretary or the principal officer of the adoption agency
(as the case may be) to make these arrangements.
A statement by the person that he or she understands that, when all consents
that are needed have been given, the Secretary or the principal officer of the
adoption agency (as the case may be) will become the guardian of the child.
The signature of the person giving consent.
The date and place the consent is signed.
__________________
52
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 9
FORM 2—CONSENT BY PARENT TO CHILD BEING ADOPTED BY
SPOUSE OF THE PARENT
The full name of person giving consent.
The address of the person giving consent.
The date and place of birth of the person giving consent.
The full name of the child.
The date of birth of the child.
The place of birth of the child.
The relationship of the child to the person giving consent.
The full name of the spouse of the person and a statement whether the person
is the husband or wife or de facto husband or wife of the spouse.
A statement that the person consents to the Court making an adoption order
for the child in favour of the person's spouse.
A statement that the person consents on the understanding that his or her
rights as a parent will not be altered in any way by an adoption order in
favour of his or her spouse.
A statement that the person understands that an adoption order gives the
person and his or her spouse the same rights as parents of the child that both
would have if they were married when the child was born.
A statement that the person understands that the Court may consider that a
guardianship order or custody order or both a guardianship and custody order
is more appropriate than an adoption order and that, in these circumstances,
the Court will not make an adoption order.
An authority for the Secretary or the principal officer of the adoption agency
(as the case may be) to conduct negotiations, or make arrangements or
prepare any reports needed before an adoption order is made.
The signature of the person giving consent.
The date and place the consent is signed.
__________________
53
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 9
FORM 3—CONSENT BY PARENT TO CHILD BEING ADOPTED BY
THE SPOUSE OF THE OTHER PARENT, OR BY A RELATIVE OF
THE CHILD OR BY THE SPOUSE OF A RELATIVE OF THE CHILD
The full name of person giving consent.
The address of the person giving consent.
The date and place of birth of the person giving consent.
The full name of the child.
The date of birth of the child.
The place of birth of the child.
The relationship of the child to the person giving consent.
A statement that the person consents to the adoption of the child and the full
name and the address of the person or persons proposing to adopt the child.
A statement identifying the relationship to the child of the person or persons
proposing to adopt the child.
A statement that, in giving his or her consent, the person understands that
when the Court makes an adoption order—
•
he or she will lose his or her rights as a parent of the child.
•
those rights will be transferred to the person or persons who adopt the
child.
•
the child will be treated in law as the child of the person or persons
who adopt the child.
A statement that the person understands that the Court may consider that a
guardianship order or custody order or both a guardianship and custody order
is more appropriate to the child than an adoption order and that, in these
circumstances, the Court will not make an adoption order.
An authority for the Secretary or the principal officer of the adoption agency
(as the case may be) to conduct negotiations, or make arrangements or
prepare any reports needed before an adoption order is made.
The signature of the person giving consent.
The date and place the consent is signed.
__________________
54
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 9
FORM 4—ADDITIONAL STATEMENTS RELATING TO THE
WISHES AND CONDITIONS OF A PARENT WITH RESPECT TO
THE ADOPTION OF A CHILD WITHIN THE ABORIGINAL
COMMUNITY
A statement by the person giving consent that he or she—
(a) is of Aboriginal descent and that the person regards himself or herself
as Aboriginal and is accepted as Aboriginal by the Aboriginal
community; or
(b) is not Aboriginal but believes that the other parent of the child is of
Aboriginal descent, regards himself or herself as a Aboriginal and is
accepted as a Aboriginal by the Aboriginal community.
A statement that the person wishes to have his or her child placed for
adoption within the Aboriginal community.
A statement that the person understands that the Secretary or principal officer
of the adoption agency will place his or her child in a placement where—
(a) both adoptive parents are of Aboriginal descent; or
(b) one adoptive parent is of Aboriginal descent; or
(c) adoptive parents are not of Aboriginal descent but are approved by an
Aboriginal agency.
A statement by the person that he or she understands that the Secretary or
principal officer is required to contact him or her if—
(a) his or her conditions for access cannot be met; or
(b) no suitable adoptive parent or parents are available within the
Aboriginal community—
and that if the Secretary or principal officer does so contact the person, the
date until which he or she will then have to revoke his or her consent to
adoption or to change his or her conditions for access.
A statement by the person that he or she understands that the Secretary or
principal officer is not required to contact him or her if the only suitable
adoptive parents are not Aboriginal but are approved as suitable by an
Aboriginal agency.
A statement by the person that he or she understands that any conditions
relating to access by the person, relatives of the child or members of the
Aboriginal community will be included as conditions of any adoption order
as long as suitable adoptive parents can be found who accept those
conditions.
55
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 9
A statement of the conditions relating to access to which the consent is
subject and in particular—
(a) whether it is a condition of consent that the person giving consent has
access to the child and, if so, the periods within which he or she
wishes access to occur;
(b) whether it is a condition of consent that relatives of the child have
access to the child and, if so, the full name, address and relationship of
each relative to the child;
(c) whether it is a condition of consent that members of the Aboriginal
community have access to the child from time to time.
The signature of the person giving consent.
The date and place the consent is signed.
_______________
56
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 10
SCHEDULE 10
Adoption Regulations 2008
Regulation 20
PRESCRIBED STATEMENTS OF PERSONS PRESENT WHEN
CONSENT IS GIVEN TO AN ADOPTION WITHIN
AUSTRALIA
PERSON A
(These statements are to be signed by a person who is present at
the giving of the consent to the adoption and who is one of the
following—
(a) a "prescribed official of a court", that is—
(i) the Prothonotary or Deputy Prothonotaries of the
Supreme Court; or
(ii) the Registrar or Deputy Registrar of the County
Court or Assistant Registrars of the Court
approved by the Registrar for the purposes of
section 34(2) of the Adoption Act 1984; or
(iii) the Registrar at a venue of the Magistrates' Court
in the Melbourne metropolitan area that is
authorised for the purposes of the section by the
Secretary to the Department of Justice; or
(iv) the Registrar at a venue of the Magistrates' Court
outside the Melbourne metropolitan area;
(b) a person declared by Order of the Governor in Council
published in the Government Gazette to be an authorised
person for the purposes of section 34(2); or
(c) in relation to a consent signed in another State or
Territory, a person who is the principal administrative
officer of a court in that State or Territory or the deputy
of such an officer).
1 The full name, address, official position and qualification of the
person signing the statements (if different to official position).
57
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 10
2 A statement that, in connection with the consent to adoption of
the child to which these statements relate—
(a) he or she was present when the person giving consent to
the adoption of the child gave consent to the adoption
and that he or she observed the consent being given;
(b) he or she approved, or did not approve consent being
given in a period less than 7 days but greater than
24 hours after counselling and information were given
to the person as required by section 35(1)(b) of the Act;
(c) he or she has seen and read the CERTIFICATE OF
COMPLIANCE (Schedule 12) signed by—
(i) the Secretary; or
(ii) the principal officer or the deputy principal officer
of the adoption agency—
certifying that the requirements of the Act and
regulations regarding counselling and provision of
notices to persons intending to consent to adoption have
been complied with;
(d) before the person gave consent, he or she discussed with
that person the effect of an adoption order and that he or
she believed that the person understood the effect of an
order;
(e) that he or she has given the person giving consent the
following documents—
(i) a true and completed copy of the person's form of
consent to the adoption of his or her child;
(ii) a blank copy of a form to enable the consent to the
adoption to be revoked (Schedule 18);
(iii) a blank copy of a form to enable the period for
revoking consent to adoption to be extended
(Schedule 17) containing the name and address of
the adoption agency or the officer of the
Department arranging the adoption.
58
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 10
3 A statement that he or she had explained to the person giving
consent the provisions of the Act and regulations and the
procedures for extending the period for revoking consent and
for revocation of consent and that he or she believes that the
person understood those procedures.
4 A statement that he or she is signing these statements in the
presence of the person giving consent to adoption and the
person approved for the purpose under section 34(1)(a)(ii) of
the Act.
The signature of the person signing the statements and the date
they were signed.
PERSON B
(These statements are to be signed by a person who is present at
the giving of the consent to the adoption and who is one of the
following—
(a) the counsellor who provided counselling under
section 35(1)(a) of the Adoption Act 1984; or
(b) a person other than that counsellor who has been
approved for the purpose by or on behalf of the Secretary
or by the principal officer of the adoption agency.)
1 The full name, address, and official position of the person
signing the statements and the qualification for signing the
statements.
2 A statement that he or she is a person who has, under
section 34(1)(a)(ii) of the Act, been approved to be present by
the Secretary or the principal officer of an approved adoption
agency.
3 A statement that, in connection with the consent to adoption of
the child to which these statements relate, he or she was present
when the person giving consent to the adoption of the child
gave consent to the adoption and that he or she observed the
consent being given.
59
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 10
4 A statement that—
(a) not less than 7 days; or
(b) if, because of special circumstances, approval had been
given to a period of less than 7 days but more than
24 hours—
before the consent was given, the person giving consent to the
adoption was given information about the effect of an adoption
order and about the alternatives to adoption available in
Victoria.
5 A statement that he or she believes that the person giving
consent to adoption understands the effect of adoption and the
procedures necessary for him or her to extend the period in
which he or she can revoke consent to adoption of the child.
6 A statement that no wishes expressed by the person giving
consent about access to or information about the child were
recorded at the time before consent was given nor was a
schedule of these wishes completed at the time consent was
given.
7 A statement that he or she is signing these statements in the
presence of the person giving consent to adoption and the
person approved under section 34(1)(a)(i) of the Act.
The signature of the person signing the statements and the date
they were signed.
__________________
60
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 11
SCHEDULE 11
Adoption Regulations 2008
Regulation 20
PRESCRIBED STATEMENTS OF PERSONS PRESENT WHEN
CONSENT TO ADOPTION IS GIVEN IN A COUNTRY
OTHER THAN AUSTRALIA
PERSON A
(These statements are to be signed by the official giving
information about adoption to the person consenting to adoption.)
1 The full name, address, official position and qualification of the
person for signing the statements (if different to official
position).
2 A statement that, in connection with the consent to adoption of
the child to which these statements relate—
(a) he or she was present when the person giving consent to
the adoption of the child gave consent to the adoption
and that he or she observed the consent being given;
(b) at the time consent was given, the effects of adoption in
Victoria were discussed with the person giving consent;
(c) he or she believes that the person understood the effect
of an adoption order in Victoria and had given
reasonable consideration to alternatives to adoption in
Victoria;
(d) that the person giving consent was given the following
documents—
(i) a true and completed copy of the person's form of
consent to the adoption of his or her child;
(ii) a blank copy of a form to enable the consent to the
adoption to be revoked (Schedule 18);
(iii) a blank copy of a form to enable the period for
revoking consent to adoption to be extended
(Schedule 17).
61
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 11
3 A statement that the procedures for revoking consent, and for
extending the period for revoking consent had been discussed
with the person giving consent and that he or she believes that
the person understood those procedures and was aware of the
time limits involved.
4 A statement that he or she was signing these statements in the
presence of the person giving consent to adoption and another
person qualified to be present when a person gives consent to
adoption.
The signature of the person signing the statements and the date
they were signed.
PERSON B
(These statements are to be signed by the second official present
when consent is given to adoption.)
1 The full name, address, and official position of the person
signing the statements and the qualification for signing the
statements.
2 A statement that, in connection with the consent to adoption of
the child to which these statements relate, he or she was present
when the person giving consent to the adoption of the child
gave consent to the adoption and that he or she observed the
consent being given.
3 A statement that he or she believed that the person understood
the effect of an adoption order in Victoria and had given
reasonable consideration to alternatives to adoption in Victoria.
4 A statement that the person giving consent was given the
following documents—
(a) a true and completed copy of the person's form of
consent to the adoption of his or her child;
(b) a blank copy of a form to enable the consent to the
adoption to be revoked (Schedule 18);
(c) a blank copy of a form to enable the period for revoking
consent to adoption to be extended (Schedule 17).
62
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 11
5 A statement that the procedures for revoking consent, and for
extending the period for revoking consent, had been discussed
with the person giving consent and that he or she believed that
the person understood those procedures and was aware of the
time limits involved.
6 A statement that he or she was signing these statements in the
presence of the person giving consent to adoption and another
person qualified to be present when a person gives consent to
adoption.
The signature of the person signing the statements and the date
they were signed.
__________________
63
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 12
SCHEDULE 12
Adoption Regulations 2008
Regulation 26
Adoption Act 1984
CERTIFICATE OF COMPLIANCE
Name of person proposing to consent to adoption:
The date of birth of the person giving consent:
Address of person giving consent:
Name of child:
Date of birth of child:
Place of birth of child:
I, (full name of person signing certificate)
of (work address of person signing certificate)
being—
*(a) the Secretary; or
*(b) the principal officer of the (insert name of adoption agency) Adoption Agency being
an approved agency under the Adoption Act 1984—
certify that the following requirements have been complied with before the
person named in this certificate consented to the adoption of the child named in
the certificate.
1
COUNSELLING
On (insert date or dates of counselling) the person received counselling from (insert name of
counsellor) of (insert address of counsellor) being an approved counsellor under section 5 of
the Adoption Act 1984. I approved this counsellor for the purpose of
counselling the person under section 35 of that Act.
2
INFORMATION ABOUT EFFECTS OF ADOPTION
The counsellor also gave the person information in writing in the prescribed
form about the effect of adoption, the alternatives to adoption, and the names
and addresses of organisations that provide family support services.
64
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 12
The information was given to the person on (insert date) and was discussed with the
person on (insert date) and on other occasions.
Approval was*/was not* given by (insert name of person giving approval) for consent to be
given by the person during a period less than 7 days but more than 24 hours after
the notice was given to the person.
3
RIGHT TO APPLY FOR BIRTH CERTIFICATE
The person was given notice in writing that, he or she 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 the entry in the
Register of Births relating to the child.
Signed:
Date:
Title:
(*strike out whichever is inapplicable)
__________________
65
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 13
SCHEDULE 13
Adoption Regulations 2008
Regulation 27
CONSENT OF GUARDIAN OR DELEGATE TO ADOPTION
OF NON-CITIZEN CHILD RESIDENT IN VICTORIA
The full name and address of the person giving consent.
The full name of the child in respect of whom consent is being
given.
The date and place of birth of the child.
The address of the child before travelling to Australia.
A statement that the person is either the guardian, or that the
person is the delegate of the guardian, of the child under the
Immigration (Guardianship of Children) Act 1946 of the
Commonwealth.
A statement that the person consents to the adoption of the child.
A statement that the person has reasonable grounds for believing
that the mother of the child, and the father of the child—
(a) has, in accordance with the law of the place of residence of
the mother or the father of the child, consented to the
adoption of the child and that the consent has not been
revoked; or
(b) has, in accordance with the law of the country where the
child resided immediately before travelling to Australia,
given consent to the adoption of the child and that consent
has not been revoked; or
(c) is dead; or
(d) after reasonable enquiries have been made, cannot be
found; or
66
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 13
(e) is the subject of circumstances which would allow for the
consent of the mother or father to be dispensed with if that
consent was required under the Adoption Act 1984.
A statement of the circumstances upon which the person formed
his or her belief (including sources of information and
documentation and by whom they were verified).
The signature of the guardian or delegate of the guardian.
The date and place the consent was signed.
The official status of the guardian or delegate.
__________________
67
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 14
SCHEDULE 14
Adoption Regulations 2008
Regulation 28
NOTICE TO PARENT THAT AN ADOPTIVE PLACEMENT
CANNOT BE FOUND FOR A CHILD
The name and address of the person to whom the notice is being
given.
The name of the child in respect of whom consent has been given
to adoption and the date of the consent.
The name and title of the person giving the notice and the name,
address and telephone number of the agency (if relevant).
A statement that the person giving the notice has not been able to
find a suitable adoptive placement for the child.
The issues which need to be considered by the person giving
consent including—
(a) arrangements for the long-term care of the child;
(b) legal guardianship of the child;
(c) whether the person should revoke his or her consent to
adoption.
An invitation to contact the person giving the notice or an
approved counsellor to discuss these questions.
A statement setting out what happens to the person's consent to
adoption as a result of the inability to place the child including a
statement that—
(a) the person may revoke his or her consent to adoption, the
date until which the person may revoke consent and the
procedures for revoking consent;
(b) the person may do nothing and in that case the date the
person's consent to adoption would be automatically
cancelled after 140 days;
68
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 14
(c) the person or the other parent of the child (or both) may
arrange with the person giving notice for the return of the
child to his, her or their care and that if the child is returned
to the care of one or both parents, the person giving notice
will inform the person in writing of the discharge of
guardianship under the Act.
A statement that—
(a) when a consent to adoption is revoked or cancelled,
guardianship of the child usually returns to the parents of
the child and that this means that although the parents may
not be caring for the child they again have responsibility for
making important decisions affecting the welfare of the
child; and
(b) guardianship of the child would not return to the parents
after an adoption consent is revoked or cancelled if there is
a court order giving guardianship to another person, such as
the Secretary.
A statement setting out the way in which the person may revoke
consent and the times within which a revocation of consent must
be lodged with the Registrar of the County Court and the address
of the Registrar.
The signature and title of the person giving the notice and the date
of the notice.
__________________
69
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 15
SCHEDULE 15
Adoption Regulations 2008
Regulation 31
NOTICE TO PARENT OF AN ABORIGINAL CHILD OF
INABILITY TO PLACE A CHILD UNDER PARENT'S
CONDITION
The name and address of the person to whom the notice is being
given.
The name of the child in respect of whom consent has been given
to adoption and the date of the consent.
The name and title of the person giving the notice and the name,
address and telephone number of the agency (if relevant).
A statement of the conditions to which the consent to adoption
was subject.
A statement that the person giving the notice has been unable to
find suitable adoptive parents who accept these conditions.
An invitation to the person to discuss the matter with the person
giving the notice or the person's adoption counsellor or an
Aboriginal agency.
A statement that, whether or not the person to whom the notice is
addressed does make contact, he or she may do one of the
following things—
(a) change the conditions; or
(b) revoke his or her consent; or
(c) take no action at all.
Changing conditions of access
A statement that the person may complete the NOTICE
VARYING CONDITION OF CONSENT FOR ADOPTION OF
AN ABORIGINAL CHILD (Schedule 16) (which should be
attached to the form).
A statement that if the form is completed, it must be posted by
registered mail or delivered to the Registrar of the County Court.
70
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 15
A statement setting out the date by which the form should be
posted or delivered to the Registrar and that it cannot be accepted
after that date.
Revocation of consent
A statement that the person may revoke consent either by using
the form NOTICE REVOKING CONSENT TO ADOPTION
(Schedule 18) or by writing to the Registrar of the County Court
giving the person's name and address and the name and date of
birth of the child and saying that the person is the parent of an
Aboriginal child, that he or she has consented to the adoption of
that child and that he or she is revoking his or her consent to the
adoption.
A statement that if the form is completed, it must be posted by
registered mail or delivered to the Registrar of the County Court,
250 William Street, MELBOURNE, 3000.
A statement setting out the date by which the form should be
posted or delivered to the Registrar and that it cannot be accepted
after that date.
Taking no action at all
A statement that if the person to whom the notice is addressed
does not change conditions for access by (insert date) or revoke
consent to adoption by that date, the person giving the notice can
apply to the Court to ask the Court to change the conditions of
access to the child or to cancel the conditions for access so that the
child may be placed with suitable adoptive parents.
A statement that the Court will only change or cancel the
conditions of access if it receives a report from an Aboriginal
agency, and that the Court must be satisfied that the person giving
notice has attempted to find suitable adoptive parents willing to
comply with the conditions.
71
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 15
A statement that whatever action the person to whom the notice is
being given proposes to do, he or she is invited to discuss his or
her intentions with an adoption counsellor at the adoption agency.
The name, address, and signature of the person giving the notice
and the date of the notice.
__________________
72
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 16
SCHEDULE 16
Adoption Regulations 2008
Regulation 31
NOTICE VARYING A CONDITION OF CONSENT TO
ADOPTION OF AN ABORIGINAL CHILD
The name and address of the person varying the condition of
consent to adoption.
The date of birth of the person.
The name of the child in respect of whom consent was given and
the date of the consent.
A statement that the person has been advised by the adoption
agency arranging for the adoption that it was unable to find
prospective adoptive parents who accepted the person's conditions
for access to the child.
A statement that the person is now changing the conditions for
access which the person sought when he or she gave consent to
adoption.
A statement that he or she understands that the varied conditions
will be included in the adoption order when an adoption is
finalised by the Court.
Access by parent
One of the following statements—
(a) that he or she still wants the access to his or her child that
he or she required when he or she gave consent to adoption;
(b) that he or she still wants no access to his or her child; or
(c) that he or she now requires no access at all;
(d) that he or she now requires access every 3 months;
(e) that he or she now requires access every 6 months;
(f) that he or she now requires access at times the adoptive
parents and the person agree to by private arrangement;
73
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 16
(g) that he or she now requires access (as specified in the
statement).
Access by relatives
One of the following statements—
(a) that he or she still wants the access by relatives of his or her
child that he or she required when he or she gave consent to
adoption;
(b) that he or she still requires no access by relatives of his or
her child;
(c) that the person now wants access under the rules for access
by relatives under the Adoption Regulations 2008 to the
relatives (whose names, address and relationship to the
child are appended to the notice).
Access by members of the Aboriginal community
One of the following statements—
(a) that he or she wants access to his or her child by members
of the Aboriginal community;
(b) that he or she still does not require access to his or her child
by members of the Aboriginal community;
(c) that he or she now requires access to his or her child by
members of the Aboriginal community under the rules for
access in the Adoption Regulations.
The signature of the person and the date the notice was signed and
the signature of an approved adoption counsellor and a witness.
__________________
74
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 17
SCHEDULE 17
Adoption Regulations 2008
Regulations 25 and 28
EXTENSION OF PERIOD FOR REVOKING CONSENT TO
ADOPTION
The name and address of the adoption agency or the officer of the
Department arranging the adoption.
The name and address of the person extending the period for
revoking consent to adoption.
The date of birth of the person.
The name of the child in respect of whom consent was given.
The date that the person consented to the adoption of his or her
child.
A statement that he or she now extends the period of 28 days in
which he or she can revoke consent by another (up to 14) days.
The signature of the person and the date the notice was signed.
The signature of a witness.
__________________
75
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 18
SCHEDULE 18
Adoption Regulations 2008
Regulations 25 and 33
NOTICE REVOKING CONSENT TO ADOPTION
The name and address of the person revoking consent to adoption.
The date of birth of the person.
The name of the child in respect of whom consent was given.
The date that the person consented to the adoption of his or her
child.
A statement that he or she revokes his or her consent to the
adoption of his or her child.
The signature of the person and the date the notice was signed.
The signature of a witness.
__________________
76
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 19
SCHEDULE 19
Adoption Regulations 2008
Regulation 34
CHILD CARE AGREEMENT—CHILD AWAITING
ADOPTION
Name of parent or person having custody or guardianship of child:
Address:
The date of birth of the person:
Full name of child:
Place of birth of child:
1
STATEMENT OF PARENT, CUSTODIAN OR GUARDIAN OF
CHILD
In entering this agreement, I understand that, while the agreement
continues, the Secretary or the principal officer of the adoption agency
named on this form—
* is authorised to place the child with suitable persons or in a
suitable place; and
* will be responsible for ensuring that the child receives proper care;
and
* will make arrangements for financial support for the child; and
* will make arrangements for access to the child while I continue to
have a right of access to the child; and
* is authorised to sign consents to anaesthetics or surgical operations
where there is a serious threat to the health of the child and I
cannot be contacted within a reasonable time; and
* is authorised to consent to the vaccination of the child and to
decide such course of vaccination; and
* will provide me with information about the child from time to time
while the agreement continues.
I understand that the person or persons caring for the child will have the
right to make day-to-day decisions about the care of the child.
77
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 19
2
LENGTH OF THIS AGREEMENT
I understand that this agreement will no longer apply—
* if I revoke my consent to the adoption of my child; or
* if I withdraw from the agreement at any time; or
* if a specified date has passed not exceeding 6 months from the day
on which this agreement was signed; or
* if all consents needed for the adoption have been given or the
Court has decided that any consent is not needed; or
* if the Secretary or the principal officer of the adoption agency
becomes guardian of the child or if for some other reason I no
longer have a right to custody or guardianship of the child.
3
EXTENSION OF THIS AGREEMENT
I also understand that the agreement cannot be extended unless I agree.
4
AGREEMENT TO SECRETARY OR PRINCIPAL OFFICER CARING
FOR CHILD
I consented to the adoption of my child on
day of
.
OR
I am considering giving consent to the adoption of my child.
I agree to the Secretary.
OR
I agree to the principal officer of (insert name of adoption agency)
adoption agency.
exercising my rights and carrying out my responsibilities for the child in
the ways described in this agreement for a period of not more than 6
months.
Signature of parent, custodian or guardian of child:
Date:
STATEMENT OF SECRETARY OR PRINCIPAL OFFICER OF
ADOPTION AGENCY
Full name of official signing this agreement:
Address:
I am the Secretary.
OR
78
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 19
I am the principal officer/deputy principal officer of (insert name of
adoption agency) adoption agency.
I am satisfied that the effect, nature and length of this agreement has been
explained by an adoption counsellor, namely (insert full name of counsellor) , to the
person entering into this agreement.
I agree to exercise the rights and carry out the responsibilities that are
described in this agreement.
The last day on which the agreement will apply will be the
day
of
, unless it stops applying earlier for any reason set out earlier in
this agreement under the heading "LENGTH OF AGREEMENT".
Signature:
Designation:
Date signed:
Place where signed:
(Suburb/Town)
__________________
79
(State)
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 20
SCHEDULE 20
Adoption Regulations 2008
Regulation 34
EXTENSION OF CHILD CARE AGREEMENT—CHILD
AWAITING ADOPTION
Name of parent or person having custody or guardianship of child:
The date of birth of the person:
Address:
Full name of child:
Date of birth of child:
Place of birth of child:
STATEMENT OF PARENT, CUSTODIAN OR GUARDIAN OF CHILD
I entered an agreement with—
the Secretary
OR
the principal officer of the (insert name of adoption agency) adoption
agency
on the
(insert date agreement signed by parent, custodian or guardian)
.
The agreement authorised the Secretary or principal officer to take
responsibility for the day-to-day care of my child by arranging a suitable
placement and making other necessary arrangements.
I agree to extend the agreement for another (maximum 6 months) months/weeks.
Signature of parent, custodian or guardian of child:
Date:
STATEMENT OF SECRETARY OR PRINCIPAL OFFICER OF
ADOPTION AGENCY
Full name of official signing this agreement:
Address:
I am the Secretary.
OR
I am the principal officer/deputy principal officer of (insert name of
adoption agency) adoption agency.
80
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 20
I am satisfied that the effect of the extension of this agreement has been
explained by an adoption counsellor, namely (insert full name of counsellor) to the
person entering into this agreement.
I agree to continue exercising the rights and carrying out the
responsibilities accepted in the child care agreement signed by the parent,
custodian or guardian of the child on (insert date original agreement was signed by parent,
custodian or guardian).
The agreement is extended for a period of
months/weeks
commencing on (insert date being the day after the end of the previous period) .
The last day in which the extended agreement will apply will be (insert date)
unless the agreement stops applying earlier for any reason given under the
heading "LENGTH OF AGREEMENT" in the original agreement.
Signature:
Designation:
Date:
Where signed:
(Suburb/Town)
__________________
81
(State)
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 21
SCHEDULE 21
Adoption Regulations 2008
Regulation 38
MEMORANDUM OF AN ADOPTION ORDER
DETAILS OF THE CHILD
The former registered name or names and family name of the child.
The given name or names and the family name of the child.
The date and place of birth of the child.
The sex of the child.
The 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 father's or adoptive father's place of birth and age at the date of birth of
the child.
The father's or adoptive father's usual occupation.
The father's or adoptive 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 PARENT OR
PARENTS (AND MOTHER OR FATHER IN THE CASE OF ADOPTION
BY SPOUSE OF A PARENT)
If married—
The date of the marriage of the parent or parents.
The place of marriage of the parent or parents.
82
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 21
If not married—
The date of commencement of the relationship of the parent or parents.
DETAILS OF OTHER CHILDREN OF THE PARENTS (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 (that is, the person signing the report to
the Court under section 15 of the Act)
The full name of the informant.
The address 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.
_______
*Note: Not required where the adoption order is in respect of an adult.
__________________
83
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 22
SCHEDULE 22
Adoption Regulations 2008
Regulation 40
APPLICATION FOR COPY OF BIRTH CERTIFICATE
To: The Secretary
Surname:
Given Names:
Date of Birth:
Address:
Phone Number:
Home
Business
I apply for a certified copy of the original entry in the Register of Births made
before I/my child was adopted, or a certified copy of my/my adopted child's
original birth certificate.
Signature:
Date:
__________________
84
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 23
SCHEDULE 23
Regulation 13
CODE OF CONDUCT FOR ACCREDITED BODIES AND
THEIR STAFF
Conflict of interest
1 A member of staff of an accredited body must not hold
any financial or other interest, and must not give an
undertaking, that could directly or indirectly compromise
the performance of his or her functions. Conflict of
interest must be assessed by taking into account, amongst
other things, the likelihood that a member of staff
possessing a particular interest could be influenced, or
might appear to be influenced, in the performance of his or
her responsibilities on a particular matter. A member of
staff must notify the State Central Authority if a potential
or actual conflict of interest arises.
Acceptance of gifts or benefits
2 An accredited body or member of staff must not accept a
gift, donation or benefit if it could be seen by a client as
intended or likely to cause the member to undertake his or
her responsibilities in a particular way, or deviate from the
proper course of action.
Personal and professional behaviour
3 A member of staff of an accredited body must perform any
duties associated with his or her position diligently,
impartially and conscientiously, to the best of his or her
ability.
4 In the performance of duties, a member of staff of an
accredited body must—
(a) keep up to date with any changes in practice or
procedure relating to intercountry adoption; and
(b) maintain and preserve record information systems in
accordance with the requirements of the State
Central Authority; and
85
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 23
(c) treat all clients with courtesy, sensitivity and in
confidence; and
(d) not take any improper advantage of any information
gained in the carrying out of his or her duties; and
(e) report to the State Central Authority any unethical
behaviour or wrongdoing by other members of staff
or which he or she is aware.
Fairness and equity
5 The manner in which an accredited body deals with
issues or clients must be consistent, prompt and fair.
This includes—
(a) dealing with matters in accordance with procedures
adopted by the agency for dealing with matters of
that kind; and
(b) dealing with matters without discrimination on any
grounds; and
(c) providing appropriate review and appeal
mechanisms.
6 If an accredited body proposes to exercise a discretionary
power in relation to a particular case, the body must
ensure that all relevant considerations are taken into
account in regard to the particular merits of the case.
Public comment and the use of information
7 While staff members of an accredited body have the right
to make public comment and to enter into public debate on
political and social issues, they must refrain from public
comment where that comment is sufficiently strong to
undermine the accredited body, the State Central
Authority or the Commonwealth Central Authority.
86
Adoption Regulations 2008
S.R. No. 10/2008
Sch. 23
8 An accredited body or a staff member of an accredited
body must not disclose official information or documents
acquired in the course of carrying out its, or his or her,
functions as an accredited body or staff member unless
approved by the State Central Authority.
═══════════════
87
Adoption Regulations 2008
S.R. No. 10/2008
Endnotes
ENDNOTES
1. General Information
The Adoption Regulations 2008, S.R. No. 10/2008 were made on
26 February 2008 by the Governor in Council under section 130 of the
Adoption Act 1984, No. 10150/1984 and came into operation on
26 February 2008: regulation 3.
The Adoption Regulations 2008 will sunset 10 years after the day of making
on 26 February 2018 (see section 5 of the Subordinate Legislation Act
1994).
88
Adoption Regulations 2008
S.R. No. 10/2008
Endnotes
2. Table of Amendments
There are no amendments made to the Adoption Regulations 2008 by
statutory rules, subordinate instruments and Acts.
89
Adoption Regulations 2008
S.R. No. 10/2008
Endnotes
3. Explanatory Details
There are no entries at date of publication.
90