Adoption Act 1993

This Act is the Adoption Act 1993.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘adoptive relative, for part 5 (Access to information)—see section 58.’ means that the term ‘adoptive relative’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 1A Objects and principles

The main objects of this Act include—

ensuring that the best interests of the child or young person are the paramount consideration in the adoption of a child or young person; and

providing an adoption process that promotes the wellbeing and care of children and young people in a way that recognises the child’s or young person’s right—

to grow in a safe and stable environment; and

to be cared for by a suitable family and to establish enduring relationships; and

to know about family background and culture and have the opportunity to maintain or develop cultural identity; and

ensuring that the Aboriginal and Torres Strait Islander people are included and participate in any adoption of an Aboriginal or Torres Strait Islander child or young person; and

ensuring that adoption is centred on the needs of the child or young person rather than an adult wanting to care for a child or young person; and

consulting with the child or young person throughout the adoption process and, wherever possible, taking the child’s or young person’s views into account; and

recognising a birth parent’s involvement in making decisions about their child’s future; and

providing for adoption plans to recognise the intentions of parties in an adoption; and

ensuring that equivalent standards apply for a child or young person adopted from the ACT and a child or young person adopted from overseas; and

ensuring that the adoption process in the ACT complies with Australia’s international obligations, in particular the obligations arising under the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

Note The text of the Convention is set out in sch 1.

A person making a decision under this Act in relation to a child or young person must regard the best interests of the child or young person as the paramount consideration.

In forming a view about the best interests of a child or young person, a person making a decision under this Act must take into account the following:

the likely effect of the decision on the life course of the child or young person taking into account the need to preserve their cultural inheritance, personal identity and sense of belonging;

the child’s or young person’s age, level of understanding, level of maturity, gender, personal characteristics and individual circumstances;

the child’s or young person’s cultural, physical, emotional, intellectual, and educational needs;

the views expressed by the child or young person in relation to the decision (including views expressed with adequate and appropriate support to actively participate, to the best of their ability, in consultation related to the decision);

taking into account the benefit of maintaining meaningful relationships, the likely effect of the decision on the child’s or young person’s relationship with the following people:

the child’s or young person’s birth parents;

the child’s or young person’s siblings (if any);

the child’s or young person’s other relatives;

carers or other significant people in the child’s or young person’s life;

the relationship the child or young person has with the adoptive parents;

the suitability and capacity of the adoptive parents to meet the child’s or young person’s needs;

the alternatives to adoption for the child or young person to secure permanent family arrangements;

the continuity and sense of belonging that comes from a child or young person having stable emotional and physical living conditions;

the need to protect the child or young person from physical or psychological harm associated with exposure to abuse, neglect or family violence.

In addition to section 5, a person making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person must—

take into account the need for the child or young person to maintain a connection with the lifestyle, culture and traditions of the child’s or young person’s Aboriginal or Torres Strait Islander community; and

seek and consider submissions about the child or young person made by or on behalf of any Aboriginal or Torres Strait Islander people or organisations identified by the director‑general as providing ongoing support services to the child or young person or the child’s or young person’s family; and

take into account Aboriginal and Torres Strait Islander traditions and cultural values (including kinship rules) as identified by reference to the child’s or young person’s family and kinship relationships and the community with which the child or young person has the strongest affiliation.

Part 2 Jurisdiction

Jurisdiction is conferred on the court to hear and determine proceedings on applications for the making of adoption orders and other orders under this Act.

The jurisdiction of the Supreme Court under this Act is not dependent on any fact or circumstance not stated in this Act.

Without limiting subsection (1), the common law rules of private international law do not apply in relation to matters arising under this Act.

Part 3 Adoptions under this Act

Division 3.1 Who can be adopted?

An adoption order may be made for a person who—

was under 18 years old on the day the application was filed in the court; and

is present in the ACT.

An adoption order may be made for a person who was 18 years old or older on the day the application was filed in the court if—

the applicant or applicants have been in a care-giving relationship with the person; and

the person has received physical, emotional, intellectual and educational support from the applicant or applicants; and

the person, or at least 1 applicant, is ordinarily resident in the ACT.

The following provisions of this Act do not apply to the adoption of a person who was 18 years old or older on the day the application was filed in the court:

division 3.2 (Who can adopt?);

division 3.3 (Consents to adoptions) other than the following:

section 28 (Consent of applicant not required);

section 30 (Instrument of consent);

section 34 (1);

division 3.4 (Placement of child or young person before adoption);

division 3.5 (Guardianship before adoption);

division 3.6 (Proceedings for an adoption order) other than the following:

section 39A (2);

section 39B (1) (a), (2) and (3);

section 39C (Parties to proceeding);

section 39I (Deciding application for adoption order for person 18 years old or older);

section 39L (Discharge of adoption order);

division 3.7 (Conditional orders);

section 45 (Names of adopted child or young person);

section 46 (Effect of order on domicile);

division 3.9 (Interim orders).

An adoption order may be made even if the person has previously been adopted, before or after the commencement of this Act, in the ACT or elsewhere.

An adoption order must not be made if the court considers that it is being sought primarily as a means of evading the operation of a law of the Commonwealth relating to immigration.

Division 3.2 Who can adopt?