Adoption Regulation 2020

This regulation may be cited as the Adoption Regulation 2020.

For section 18(2)(c) of the Act, the documents prescribed are the relevant identity documents under section 9 for the parent.

For section 71(1) of the Act, this part states the requirements with which a person must comply when expressing an interest under part 4, division 2 of the Act.

The person must demonstrate the person is aware it is ordinarily in a child’s best interests to receive full-time care—

provided personally by—

the person with whom the child is placed; or

if the child is placed with a person and the person’s spouse—the person or spouse; and

for at least 1 year after the child is placed in the care of a person mentioned in paragraph (a).

The person must give the chief executive details of the person’s proposed, or expected, arrangements for the care of a child for at least the first year of the child’s placement with the person.

This section applies if the person expresses an interest relating to an intercountry adoption.

The person must demonstrate the person has the financial capacity to meet the full cost of completing the adoption process within 3 years after the day the expression of interest is made.

For subsection (2), the full cost of completing the adoption process may include the following—

fees as prescribed in schedule 2;

fees payable in another country to an entity associated with the adoption;

fees payable in relation to a child’s migration to Australia;

costs related to the translation of documents;

costs of having documents notarised and couriered between countries;

costs of travel to, and accommodation in, another country to take custody of a child.

If the person makes the expression of interest jointly with the person’s spouse, the person and the spouse may demonstrate joint financial capacity for subsection (2).

This section applies in relation to an assessment, under part 6 of the Act, of a person (a step-parent) who applies to arrange an adoption of a child of the person’s spouse after a parent of the child dies.

For section 133 of the Act, the other matters prescribed are—

if the family of the deceased parent can be located at the time of the proposed adoption—the family’s views about the adoption; and

the step-parent’s attitudes to, and understanding of, the significance to the child of—

the deceased parent; and

the deceased parent’s family; and

maintaining a relationship with the deceased parent’s family.

For section 254(1)(b) of the Act, the documents prescribed are the relevant identity documents under section 10 for the person.

For section 283(1)(b) of the Act, the documents prescribed are the relevant identity documents under section 10 for the person.

The relevant identity documents, for the witnessing of a parent’s consent under section 18 of the Act, are—

2 documents that are either—

a document mentioned in schedule 1; or

another document the witness considers provides sufficient evidence of the parent’s proof of identity; and

if the parent’s full name appearing on either of the 2 documents is different from the parent’s current name—a document the witness considers provides sufficient evidence of the parent’s change of name.Examples of a document for paragraph (b)—

a marriage certificate, deed poll or change of name certificate

However, the documents are relevant identity documents only if they comply with the requirements under section 11.

The relevant identity documents, for a person making a request under section 254 of the Act or giving a notice under section 283 of the Act, are—

2 documents that are either—

a document mentioned in schedule 1; or

another document the chief executive considers provides sufficient evidence of the person’s identity; and

if the person’s full name appearing on either of the 2 documents is different from the person’s current name—a document the chief executive considers provides sufficient evidence of the person’s change of name.Examples of a document for paragraph (b)—

a marriage certificate, deed poll or change of name certificate

However, the documents are relevant identity documents only if they comply with the requirements under section 11.

For sections 9(2) and 10(2), the requirements are as follows—

each document must be an original document or a certified copy of an original document;

each document must be—

written in English; or

accompanied by a certified translation of the original document;

the documents must, between them, contain information sufficient to determine the person’s current full name, date of birth and signature.

In this section—

certified copy, of an original document, means a copy of the document certified by a qualified witness as being a true copy of the original document.

certified translation, of a document written in a language other than English, means a translation of the document into English by a translator whose certification states—

that the translation is correct; and

the following details for the translator—

the translator’s full name and address;

the translator’s accreditation or qualifications for making the translation.

qualified witness means any of the following persons—

an authorised person within the meaning of section 18 of the Act;

a commissioner for declarations;

a justice of the peace;

a lawyer or notary public;

a medical practitioner;

a police officer;

a public service employee employed in the department.

The fees payable under the Act are stated in schedule 2.