Court Procedures Rules 2006

The following documents must accompany an application for an adoption order for the adoption of a child or young person:

any instrument of consent to the adoption, together with an affidavit verifying the making of the instrument;

See the Adoption Act, s 30 and the Legislation Act, s 14 for requirements in relation to an instrument of consent to an adoption.

any dispensing order in relation to the application;

the child’s or young person’s birth certificate, together with—

any document identifying the child or young person as the person to whom the certificate relates; or

an affidavit or written statement by the CYP director‑general that the CYP director-general has made reasonable inquiries and believes that the child or young person is the person to whom the certificate relates;

if the child or young person to be adopted has been, or is to be, brought from a place outside Australia for the purpose of the adoption—any other documents necessary to support the application;

if the child or young person to be adopted is an Aboriginal or Torres Strait Islander child or young person—any other documents necessary to support the application;

if any conditions under the Adoption Act, section 40 (Adoption order subject to certain conditions) are sought by anyone in relation to the adoption—a document signed by the birth parents and adoptive parents stating their agreement that the adoption order should be subject to the conditions.

Any other document relevant to a matter stated in the affidavit supporting the application may be filed with the application.

If it is impracticable to obtain a birth certificate of the child or young person to be adopted, the applicant or applicants must state why—

in the affidavit supporting the application; or

if the applicant is the CYP director-general or the principal officer of a private adoption agency—in the report under the Adoption Act, section 39D (1) (Report on proposed adoption).

If a document filed under this rule is not in English, the applicant or applicants must file with the document a written English translation of the document certified, in writing, by a notary public or proved by affidavit.

In this rule:

the official certificate of birth of the child or young person; or

any other written record of the birth of the child or young person.

a copy of an original document verified as a true copy by a person having custody of the original; and

a copy of an entry in an official register verified as a true copy by a person having custody of the register; and

a foreign public document that has placed on it, or annexed to it, a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, a copy of the English text of which is set out in the Foreign Evidence Act 1994 (Cwlth), schedule.

The Foreign Evidence Act 1994 (Cwlth), pt 5 (Authenticating foreign public documents) sets out the formalities required for authenticating a foreign public document.