South Australian Current Acts

ADOPTION ACT 1988 - SECT 3

3—Objects and guiding principles

        (1)         The objects of this Act are—

            (a)         to emphasise that the best interests, welfare and rights of the child concerned, both in childhood and in later life, must be the paramount consideration in adoption law and practice; and

            (b)         to promote the principle that adoption is to be regarded as a service for the child concerned; and

            (c)         to ensure that adoption law and practice assist a child to know and have access to his or her birth family and cultural heritage; and

            (d)         to recognise the adoption of children from other jurisdictions and to endeavour to ensure that equivalent safeguards and standards to those that apply to children adopted in this State apply to children adopted from overseas; and

            (e)         to endeavour to ensure that adoption law and practice complies with Australia's obligations under treaties and other international agreements; and

            (f)         to encourage openness in adoption; and

            (g)         to allow access to certain information relating to adoptions.

        (2)         The Court, the Minister, the Chief Executive and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the exercise of their powers or functions:

            (a)         the best interests, welfare and rights of the child concerned, both in childhood and in later life, must be the paramount consideration;

            (b)         adoption is to be regarded as a service for the child concerned;

            (c)         adoption practices should reflect current community attitudes, best practice and values with respect to adoption;

            (d)         no adult has a right to adopt a child;

            (e)         if a child is able to form views on a matter concerning the child's adoption, the child must be given an opportunity to express those views freely and those views are to be given due weight in accordance with the developmental capacity of the child and the circumstances;

            (f)         the child's given name or names, identity, language and cultural and religious ties should, as far as possible, be identified and preserved.

        (3)         In addition to the principles set out in subsection (2), a person or body exercising a function or power under this Act in relation to an Aboriginal or Torres Strait Islander child must observe the Aboriginal and Torres Strait Islander Child Placement Principle.