New South Wales Consolidated Acts

ADOPTION ACT 2000

- As at 30 October 2023 
- Act 75 of 2000 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY
           Note

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Meaning of "Aboriginal" and "Torres Strait Islander"
   5.      Notes

CHAPTER 2 - OBJECTS AND ADOPTION PRINCIPLES

   6.      What are the roles of the objects and adoption principles of this Act?
   7.      What are the objects of this Act?
   8.      What principles are to be applied by persons making decisions about the adoption of a child?
   9.      Participation of child in decisions

CHAPTER 3 - ADOPTION SERVICE PROVIDERS
           Note

   PART 1 - AUTHORITY TO PROVIDE ADOPTION SERVICES

   10.     Adoption services to be provided by or on behalf of Secretary
   11.     Unauthorised arrangements for adoption

   PART 2 - (Repealed)
   None

   PART 3 - PRINCIPAL OFFICER OF ACCREDITED ADOPTION SERVICE PROVIDER

           14-21. (Repealed)

CHAPTER 4 - THE ADOPTION PROCESS

   PART 1 - GENERAL

   22.     Proceedings
   23.     Jurisdiction
   24.     Who can be adopted?
   25.     Previous adoption or marital status immaterial
   26.     Who can adopt?
   27.     Adoption by one person
   28.     Adoption by couple
   29.     Adoption by relative
   30.     Adoption by step parent
   31.     Adoption of non-citizen child

   PART 2 - PLACEMENT OF CHILDREN FOR ADOPTION

           Division 1 - Children other than Aboriginal and Torres Strait Islanders

   32.     Regard to be had to cultural heritage of child

           Division 2 - Aboriginal children

   33.     Aboriginal participation in decision making
   34.     Application of Aboriginal child placement principles
   35.     Aboriginal child placement principles
   36.     Alternatives to placement for adoption to be considered

           Division 3 - Torres Strait Islanders

   37.     Torres Strait Islander participation in decision making
   38.     Application of Torres Strait Islander child placement principles
   39.     Torres Strait Islander child placement principles

           Division 4 - Placement outside Australia

   40.     Report on child for intercountry adoption

   PART 3 - SELECTION OF PROSPECTIVE ADOPTIVE PARENTS OTHER THAN AUTHORISED CARERS

   41.     Application of Part
   41A.    Definitions
   42.     Expression of interest in adopting a child
   43.     Application to adopt
   44.     Form of expression of interest or application
   45.     Assessment of suitability, and selection, of adoptive parents
   45A.    Background information about prospective adoptive parents to be made available to birth parents
   45AA.   Provision of information
   45AB.   Notification about other residents
   45B.    Consideration of wishes of parents consenting to adoption

   PART 3A - SELECTION OF AUTHORISED CARERS AS ADOPTIVE PARENTS

   45C.    Application of Part
   45CA.   Definitions
   45D.    Application to adopt
   45E.    Form of application
   45F.    Assessment of suitability, and selection, of adoptive parents
   45G.    Background information about prospective adoptive parents to be made available to birth parents
   45GA.   Provision of information
   45GB.   Notification about other residents
   45H.    Consideration of wishes of parents consenting to adoption

   PART 4 - ADOPTION PLANS

   46.     What is an adoption plan?
   47.     How is an adoption plan made?
   48.     Adoption plan to accompany application for adoption order
   49.     Notice to be given of adoption plan
   50.     Registration of adoption plans
   51.     Review of adoption plans

   PART 5 - CONSENTS TO ADOPTIONS

           Division 1 - Who must consent to an adoption?

   52.     Consent of parents and persons who have parental responsibility generally required
   53.     Ways in which parent or person who has parental responsibility can give consent
   54.     When consent of parent or person who has parental responsibility not required
   55.     Consent of child
   56.     Birth father to be given opportunity to consent

           Division 2 - When is consent effective?

   57.     Definitions
   58.     When is consent ineffective?
   59.     Mandatory written information
   60.     When is consent to be given?
   61.     Form of consent
   62.     Consent must be witnessed by person independent of counsellor
   63.     Child or other person consenting must be counselled
   64.     Consent to adoption of Aboriginal child
   65.     Consent to adoption of Torres Strait Islander child

           Division 3 - Dispensing with consent

   66.     How is need for consent dispensed with?
   67.     When can Court dispense with consent of person other than the child?
   68.     Who may apply for order dispensing with consent of person other than the child?
   69.     When can the Court dispense with the child's consent?
   70.     When can consent dispense order be made?
   71.     Revocation of consent dispense order
   72.     Notice of consent dispense order

           Division 4 - Revocation of consent

   73.     Revocation of consent
   74.     Notification of pending end of revocation period

   PART 6 - PARENTAL RESPONSIBILITY FOR CHILDREN AWAITING ADOPTION
   Note

   75.     Parental responsibility for citizen child awaiting adoption
   76.     Renunciation of parental responsibility for child present in another State
   77.     Parental responsibility for certain non-citizen children awaiting adoption
   78.     Parental responsibility reports--citizen and non-citizen children
   79.     Duration of parental responsibility
   79A.    Children under the parental responsibility of Secretary leaving or being removed from care
   79B.    Power of search for and removal of children in need of care and protection

   PART 7 - PRELIMINARY HEARINGS
   Note

   80.     Preliminary hearings
   81.     When may preliminary hearings be held?
   82.     Notice to be given
   83.     Rules of court

   PART 8 - INTERIM ORDERS

   84.     Making of interim orders
   85.     Duration of interim orders
   86.     Discharge of interim orders

   PART 9 - ADOPTION ORDERS
   Note

   87.     Application to be consented to by Secretary
   88.     Notice of application for adoption orders
   89.     When can order be made?
   90.     Court to be satisfied as to certain matters
   91.     Report required before order made for adoption of child

   PART 10 - PROCEDURES AFTER APPLICATION DEALT WITH

   92.     Care of child after refusal of an application
   93.     Discharge of adoption orders
   94.     Investigation of application for discharge

   PART 11 - EFFECT OF ADOPTION ORDERS
   Note

   95.     General effect of adoption orders
   96.     Effect of adoption order on parental responsibility and previous adoption
   97.     Effect of orders as regards property
   98.     Effect of orders as regards dispositions of property etc
   99.     Relationship of adopted child to other children of the adopter
   100.    Liability of trustees and personal representatives in relation to adopted persons
   101.    Names of adopted children

CHAPTER 5 - RECOGNITION OF ADOPTIONS
           Note

   PART 1 - AUSTRALIAN ADOPTIONS

   102.    Recognition of Australian adoptions

   PART 2 - INTERCOUNTRY AND OVERSEAS ADOPTIONS

           Division 1 - General

   103.    Object of Part
   104.    Meaning of child
   105.    Application of Act

           Division 2 - Hague Convention on Intercountry Adoption

   106.    Adoption in NSW of child from NSW by parents from Convention country
   107.    Adoption in NSW of child from Convention country by parents from NSW
   108.    Recognition of adoption of a child from a Convention country in that country
   109.    Effect of recognition
   110.    Refusal to recognise an adoption
   111.    Order terminating legal relationship between child and parents
   112.    Evidential value of adoption compliance certificate and Convention country adoption order

           Division 3 - Bilateral arrangements

   113.    Adoption by NSW parent in prescribed overseas jurisdiction of a child from that overseas jurisdiction
   114.    Effect of recognition
   115.    Evidential value of adoption compliance certificate

           Division 4 - Recognition of other overseas adoptions

   116.    Recognition of foreign adoptions in countries other than Convention countries and prescribed overseas jurisdictions
   117.    Declarations of validity of foreign adoptions

CHAPTER 6 - PROCEEDINGS
           Note

   118.    Parties
   119.    Hearings to be in camera
   120.    Secretary may appear at hearings
   121.    Court may require attendance
   122.    Legal representation
   123.    Guardian ad litem--child
   124.    Guardian ad litem and amicus curiae--birth parents of child
   124AA.  Use of Guardian Ad Litem Panel
   124A.   Guardian ad litem--exclusion of personal liability
   125.    Support persons
   126.    Matters admissible in evidence
   127.    Wishes of child
   128.    How wishes of a child are expressed
   129.    Children not to be required to express wishes

CHAPTER 7 - RECORDS OF ADOPTIONS
           Note

   130.    Functions of nominated officer in relation to orders under this Act
   130A.   Functions of Secretary in relation to overseas adoptions
   131.    Sending of records of orders to other States and countries
   132.    Particulars of orders received from other States

CHAPTER 8 - ADOPTION INFORMATION

   PART 1 - PRELIMINARY

   133.    Prescribed information
   133A.   Definition of "presumptive father"
   133AA.  Information contained in court records
   133AB.  Single application for information under this Act and Children and Young Persons (Care and Protection) Act 1998

   PART 2 - ACCESS TO BIRTH CERTIFICATES AND OTHER INFORMATION

           Division 1 - Access entitlements (adoptions after 2008 changes)

   133B.   Application of Division
   133C.   Adopted person's rights
   133D.   Adoptive parent's rights
   133E.   Birth parent's rights
   133F.   Discretion to supply other information to birth parents
   133G.   Non-adopted sibling's rights

           Division 2 - Continuation of former access entitlements (adoptions before 2008 changes)

   133H.   Application of Division
   134.    Adopted person's rights
   135.    Adoptive parent's rights
   136.    Birth parent's rights
   136A.   Discretion to withhold supply or to supply subject to conditions

           Division 3 - Miscellaneous

   137.    Access to adoption information by relatives and others after death of adopted person or birth parent
   138.    Application for supply of adoption information
   139.    Persons designated to deal with applications
   140.    Discretion to supply adoption information
   141.    (Repealed)
   142.    Guidelines for release of prescribed information etc
   143.    Access to court records
   143A.   Application of State Records Act 1998

   PART 3 - ADVANCE NOTICE

   144.    Object of Part
   145.    Definitions
   146.    Who may lodge an advance notice request?
   147.    How advance notice request is lodged
   148.    Advance Notice Register
   149.    Secretary to delay issue of supply authority or prescribed information
   150.    Endorsement of details of advance notice request
   151.    Expiration of advance notice registration
   152.    Arrangements to waive advance notice period
   153.    Notification to person who lodged advance notice request

   PART 4 - CONTACT VETOES

   154.    Adopted person or birth parent may lodge contact veto
   155.    Contact veto may be lodged only for adoptions before Adoption Information Act 1990
   156.    How contact veto is lodged
   157.    Contact Veto Register
   158.    Secretary to endorse details of contact veto on authority to supply adoption information
   159.    When contact veto takes effect
   160.    Expiration of contact veto
   161.    Arrangements to confirm, cancel or vary contact veto at request of person seeking contact
   162.    Notification to person who lodged contact veto of request for information
   163.    Notification to person affected by contact veto of cancellation or variation
   164.    Undertakings not to contact person who has lodged contact veto

   PART 5 - REUNION AND INFORMATION REGISTER

   165.    Definition
   166.    Reunion and Information Register
   167.    Persons eligible to have their names entered in the register
   168.    Message may be left
   169.    Secretary may refuse to enter name or take message
   170.    Circumstances in which Secretary may open, inspect and copy message
   171.    Secretary may delay delivery of message
   172.    Regulations
   173.    Arrangements for reunion of registered persons
   174.    Location of persons not registered

   PART 6 - MISCELLANEOUS

   175.    Duties of Secretary and accredited adoption service providers
   175A.   Disclosure of information for research purposes

CHAPTER 9 - OFFENCES

   176.    Definitions
   177.    Payments for NSW adoptions or intercountry adoptions and adoption services
   178.    Unauthorised advertising
   179.    Making available or supplying prohibited adoption advertising on on-line service
   180.    Restriction on publication of material identifying persons affected by adoption application
   180A.   Court authorisation of publication of identifying material
   181.    False statements
   182.    Impersonation
   183.    Presenting forged consent or other document
   184.    Undue influence
   185.    Improper witnessing of consent
   186.    Unauthorised disclosure of information
   187.    Prohibition on contact with birth parents of child
   188.    Veto on contact--offences

CHAPTER 10 - REVIEW OF DECISIONS
           Note

   189.    Reviewable decisions
   190.    Duty of relevant decision maker to give reasons in request
   191.    Relevant decision maker may refuse reasons in certain cases
   192.    Internal review
   193.    Decisions that are administratively reviewable by Civil and Administrative Tribunal

CHAPTER 11 - MISCELLANEOUS
           Note

   194.    Restriction on inspection of records
   195.    Consultation with Aboriginal persons
   196.    Consultation with Torres Strait Islanders
   197.    Manner of giving notice
   198.    Notices and other documents to be written in other languages
   199.    Entitlements of disabled persons
   200.    Fees and charges
   201.    Provision of financial and other assistance to certain children and birth parents
   202.    Administration of certain estates
   202A.   Entry and inspection under search warrant
   203.    Authority to prosecute
   204.    Proceedings for offences
   205.    Exclusion from proceedings
   206.    Delegation
   207.    Rules of court
   208.    Regulations
   209.    Repeals
   210.    Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption
   211.    (Repealed)
   212.    Savings and transitional provisions
   213.    Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           Dictionary