New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 56.8

56.8 Evidence in support of application for adoption order

(cf SCR Part 73, rule 13)
Evidence in support of an application for an adoption order must include evidence of the following--

(a) the matters specified in section 90 of the Adoption Act 2000 ,

(b) the facts and circumstances that give the Supreme Court jurisdiction in accordance with section 23, 106 or 107 of the Adoption Act 2000 ,

(c) the date and place of the child's birth,

(d) the names of the child, including all names that the child has or has had, and the facts relating to any change of the child's name,

(e) the names that it is proposed the child should have on the making of the adoption order, showing separately--

(i) the proposed given name or names and the proposed surname, and

(ii) all facts relating to any consent required under section 101(4) of the Adoption Act 2000 , and

(iii) any relevant special reasons under section 101(5) of the Adoption Act 2000 ,

(f) the name, place of residence and occupation of each person with whom the child resides or who has the child in that person's care or custody,

(g) the name, place of residence, age and occupation of each proposed adoptive parent,

(h) if it is proposed that there be one adoptive parent, the facts and circumstances that show that an order may be made having regard to the provisions of section 27 of the Adoption Act 2000 ,

(i) if it is proposed that a couple be the adoptive parents, the facts and circumstances that show that an order may be made having regard to the provisions of section 28 of the Adoption Act 2000 ,

(j) the following matters relating to consents under the Adoption Act 2000 or the regulations under that Act--

(i) the facts and circumstances relating to which persons' consents are necessary,

(ii) the provisions of the Adoption Act 2000 or regulations that make the consents necessary,

(iii) consents that have been obtained,

(iv) notice or advice to the birth father under section 56 of the Adoption Act 2000 ,

(v) consents for which there is a consent dispense order,

(vi) consents for which it is contended that the court should make a consent dispense order,

(k) whether there is, or has been, an adoption plan, the facts and circumstances relating to the making of any adoption plan, whether the adoption plan has been registered and the terms of any adoption plan that remains in effect,

(l) the opinions, and reasons for those opinions, of persons who are not related to the proposed adoptive parent or parents relating to the adoptive parent's or parents' character and suitability to be an adoptive parent or adoptive parents,

(m) the facts and circumstances relating to the principles stated in section 8(1) of the Adoption Act 2000 and the matters to which the Court is to have regard in accordance with section 8(2) of the Adoption Act 2000 ,

(n) the facts and circumstances relied on to show that the best interests of the child will be promoted by the adoption,

(o) the facts and circumstances relied on to show that the wishes and feelings of the child have been ascertained and that due consideration has been given to those wishes and feelings,

(p) whether there have been any proceedings relating to the interests, welfare or adoption of the child under the law of New South Wales or of the Commonwealth or any other place, whether any orders relating to the interests, welfare or adoption of the child have been made in any such proceedings, the terms of those orders and whether they remain in effect,

(q) whether the child is, or has ever been, an immigrant and whether the Minister administering the Immigration (Guardianship of Children) Act 1946 of the Commonwealth has consented to the making of the application for adoption,

(r) whether the child is a non-citizen child, showing whether the child is a non-citizen child from a Convention country or from another country outside Australia,

(s) whether a proposed adoptive parent is a step-parent or relative of the child,

(t) if a proposed adoptive parent is a step-parent of the child, whether leave of the Family Court of Australia has been obtained under section 60G of the Family Law Act 1975 of the Commonwealth,

(u) whether any notice has been given to persons notice to whom is referred to in section 88 of the Adoption Act 2000 (which relates, among other persons, to persons whose consent is required and has not been given and has not been dispensed with).