Adoption Regulation 2015

This Regulation is the Adoption Regulation 2015.

This Regulation commences on 1 September 2015 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Adoption Regulation 2003, which is repealed on 1 September 2015 by the Subordinate Legislation Act 1989.

In this Regulation—

accredited adoption service provider check means a check with an accredited adoption service provider as to a person’s suitability to adopt a child.

approved identity information means documents that can be used to establish the identity of a person or of persons of a specified class that are of a kind approved by the Children’s Guardian by an order published in the Gazette.

Community Services check means a check of such information held by the Department as is determined by the Secretary.

designated agency means a designated agency within the meaning of the Children and Young Persons (Care and Protection) Act 1998.

designated agency check means a check with a designated agency as to a person’s suitability to care for a child or to reside at a home where care is provided to a child.

prescribed selection criteria means—

in relation to the selection of prospective adoptive parents under Part 3 of Chapter 4 of the Act—the criteria set out in clause 45, or

in relation to the selection of authorised carers as adoptive parents under Part 3A of Chapter 4 of the Act—the criteria set out in clause 59.

relevant decision-maker means—

in the case of an application to adopt a child made to the Secretary—the Secretary, or

in the case of an application to adopt a child made to an accredited adoption service provider—the principal officer of the service provider.

Reunion and Information Register means the register established under Part 5 of Chapter 8 of the Act.

Secretary means the Secretary of the Department of Family and Community Services.

the Act means the Adoption Act 2000.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

This Part applies to and in respect of the selection of persons as adoptive parents under Part 3 of Chapter 4 of the Act.

An expression of interest to adopt a child is to be made in the form approved by the Secretary.

An expression of interest is effective for 12 months after it is submitted to the Secretary or the principal officer.

The Secretary or the principal officer is to supply every person who submits an expression of interest with information about the following—

if the person is interested in adopting a child from New South Wales—the estimated number of and information about children needing adoptive placement through the Department or accredited adoption service provider, respectively,

if the person is interested in adopting a child from overseas—the estimated number of and information about children needing adoptive placement from overseas,

the education, assessment, approval and selection processes,

criteria for approval and selection of applicants,

fees and the reduction or waiver of fees,

the rights and responsibilities under the law of New South Wales of applicants, adoptive parents, adopted persons and birth parents or former adoptive parents of adopted children,

applying to be an authorised carer of a child or young person in out-of-home care.

The information may be communicated to a person verbally or in writing or by such other means as the Secretary or the principal officer thinks fit.

The Secretary or principal officer of an accredited adoption service provider may, at any time following submission of an expression of interest to adopt, require the person who submitted it to attend an adoptive parent education and training course provided by the Secretary or that principal officer or the principal officer of another accredited adoption service provider.

Costs of attendance at courses are to be at the person’s expense.

An application to adopt a child is to be made in the form approved by the Secretary.

The relevant decision-maker may require a person who has submitted an application to adopt a child to provide such information as is reasonably required by the decision-maker to assess the suitability of the person to be approved or selected to adopt a child.

An application to adopt a child is to be accompanied by the following—

a statement made by each applicant as to the physical and mental health of the applicant, and a medical report in respect of the applicant, in the form approved by the Secretary,

a certified copy of every marriage registration (if any) relating to the applicant issued by the Registry of Births, Deaths and Marriages or, if the applicant was married in another jurisdiction, a certified copy of an equivalent document issued by the authority responsible for the registration or recording of marriages in that jurisdiction,

a certified copy of every decree absolute in divorce (if any) relating to the applicant,

a certified copy of the birth registration relating to the applicant and proof of any amendment to the registration of birth, if applicable,

proof that the applicant is resident or domiciled in New South Wales.

If a document referred to in subclause (1) (b) is not in English, it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the Secretary.

The relevant decision-maker must acknowledge receipt of each application to adopt a child made to the relevant decision-maker.

In addition to the medical report accompanying the application, the relevant decision-maker may obtain such other medical reports as he or she thinks fit in respect of an applicant.

Any medical report referred to in this clause is to be obtained at the applicant’s expense.