Adoption Regulations 2019

the Adoption Regulations 2008^[1];

the Adoption Amendment Regulations 2013^[2];

the Adoption Amendment Regulations 2014^[3];

the Adoption Amendment (Adoption by Same-Sex Couples) Regulations 2016^[4].

arrangements for access to the child by the child's natural parents, grandparents, siblings and other persons of significance to the child, including the purpose, frequency and location of the access; and

the ways in which the child is to be helped to develop a healthy and positive cultural identity; and

the type of information about the child that is to be exchanged and the frequency of that exchange; and

any financial or other assistance for the child approved by the Secretary under section 105 of the Act; and

the period of the adoption plan;

keep a list of approved counsellors; and

ensure that the list is readily accessible to approved agencies.

For the purposes of section 13(2) of the Act, an application for approval as a fit and proper person to adopt a child must be in Form 1 of Schedule 1.

For the purposes of section 13(3) of the Act, the prescribed requirements are the following—

the health of the applicant or applicants, including emotional, physical and mental health, is suitable;

the age and maturity of the applicant or applicants are suitable;

the applicant or applicants have suitable skills and life experience;

the applicant or applicants' financial circumstances are suitable;

the applicant or applicants have the capacity to provide a stable, secure and beneficial emotional and physical environment during a child's upbringing until the child reaches social and emotional independence;

the applicant or applicants have the capacity to provide appropriate support to the maintenance of a child's cultural identity and religious faith (if any);

the applicant or applicants have a suitable appreciation of the importance of—

access to a child's natural parent or parents and family; and

exchange of information about the child with the child's natural parent or parents and family; and

participating in the formation of an adoption plan for the child;

in the case of an applicant or applicants who may be considered for the adoption of an Aboriginal child, the applicant or applicants have a suitable appreciation of the importance of and a commitment to—

maintaining and developing the child's Aboriginal identity; and

maintaining a connection between the child and members of the Aboriginal community to which the child belongs;

the general stability of character of the applicant or applicants is suitable;

except in the case of a sole applicant, the stability and quality of the applicants' relationship with each other is suitable;

the stability and quality of the applicant or applicants' relationship with the other household and family members is suitable;

the criminal history (if any) of the applicant or applicants does not make the applicant or applicants unsuitable;

the criminal history (if any) of the household members does not make the applicant or applicants unsuitable;

if the applicant or applicants have or have had the care of a child before applying for approval as fit and proper persons to adopt a child, the applicant or applicants have shown an ability to provide a stable, secure and beneficial emotional and physical environment for the child.

For the purposes of section 15(1)(b) of the Act, the Secretary or the principal officer of an approved agency must—

ensure that the parent is given an opportunity to express in writing the parent's wishes in relation to the religion, race or ethnic background of the proposed adoptive parent or adoptive parents of the child; and

make a record of those wishes in Form 2 of Schedule 1.

For the purposes of section 15(1)(c) of the Act, the Secretary or the principal officer of an approved agency must—

ensure that, after consent is given or dispensed with, the parent is given an opportunity to express in writing the parent's wishes in relation to access to the child and information about the child; and

make a record of those wishes in Form 3 of Schedule 1.

A principal officer and a deputy principal officer of an approved agency must—

hold a tertiary qualification in social work or an appropriate social science; and

have experience in the provision of child and family services.

A person who, under section 4(4) of the Act, is authorised in writing by the principal officer of an approved agency to exercise or perform the powers and functions of the principal officer under the Act must—

hold a tertiary qualification in social work or an appropriate social science; and

have experience in the provision of child and family services.

For the purposes of section 23 of the Act, the persons and organisations referred to in Schedule 2 are prescribed.

Before the Secretary authorises an approved agency to make arrangements with a person or organisation referred to in Schedule 2 with a view to the adoption of children, the Secretary must be satisfied, by written evidence, that—

the person or organisation is authorised in the country concerned to arrange for the adoption of children in or from that country; and

the government of the country concerned, or a government welfare body in that country, has not notified the Secretary that the adoption in another country of children from that country has been prohibited; and

the person or organisation does not exploit children and natural parents when making arrangements for the adoption of children in or from that country; and

the person or organisation does not obtain consents to the adoption of children in or from that country by fraud or duress; and

the person or organisation gives natural parents an adequate opportunity to give informed consent to the adoption of children in or from that country; and

arrangements for the adoption of children in or from that country are subject to the requirements of natural justice.