Adoption Act 1994 (WA)

Western Australia Adoption Act 1994 Western Australia Adoption Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Paramount considerations when administering Act etc. 1 4. Terms used 1 4A. Presumptions of parentage in Family Court Act 1997, when applicable 1 5. Crown bound 1 Part 2 — Adoption agencies Division 1 — Authority to conduct adoption services 6. Adoption services, conduct of by CEO or delegate 1 7. Adoption services, conduct of by birth parent to facilitate adoption by step-parent 1 8. Unauthorised adoption services, offences as to 1 Division 2 — Private adoption agencies 9. Private adoption agencies, licensing of 1 10. Regulations as to licensing private adoption agencies 1 11. Pretending to be etc. private adoption agency, offence 1 Division 3 — Adoption applications committee 12. Appointment of committee 1 13. Functions of committee 1 14. Membership of committee 1 15A. CEO may give committee general directions 1 15. Procedure etc. of committee 1 Part 3 — The adoption process Division 1 — Preliminary matters 16. Birth parent wanting to have child adopted, CEO's duties as to 1 16A. Aboriginal or Torres Strait Islander child, CEO's duties as to prospective adoption of 1 Division 2 — Consent to adoption 17. Persons whose effective consent is required 1 18. Effective consent, meaning of 1 20. Prospective adoptive parent, who can be specified as in consent 1 21. Man who may be prospective adoptee's father to be notified of consent etc. 1 22. Revoking consent, time limit for 1 23. Revoking consent, formalities for 1 Division 3 — Court applications as to consents to adoption and notices 24. Consent requirement (s. 17), Court may dispense with 1 25. Service of notice requirements (s. 21), Court's powers as to 1 26. Parenting order application (s. 21), Court's powers as to 1 Division 3A — Court applications for determinations of parentage 26A. Terms used 1 26B. Application of this Division 1 26C. Determination of parentage, application for 1 26D. Application under s. 26C, Court's powers as to 1 26E. Parentage testing order, ancillary orders for 1 26F. Adult contravening parentage testing order, consequences of 1 26G. Parentage testing order against child, execution and contravention of 1 26H. Person testing child under parentage testing order, liability of 1 26I. Report for this Division, receipt of by Court as evidence etc. 1 26J. Revoking consent after s. 26C application made 1 Division 4 — Parental responsibility for prospective adoptees 27. Who has parental responsibility after consent requirements met 1 28. Who has parental responsibility where consent requirements not met etc. 1 29. When parental responsibility ceases 1 30. CEO having parental responsibility, duties of if not possible or desirable to place child for adoption 1 31. CEO having parental responsibility, powers of as to care of child 1 32. Person with parental responsibility, duties of 1 33. CEO with parental responsibility, when may renounce or transfer responsibility 1 34. Corresponding officer with parental responsibility, when CEO may request transfer etc. of responsibility 1 35. Removing child from WA without consent, offence 1 Division 5 — Court applications as to parental responsibility for children awaiting adoption 36. Parental responsibility etc., Court's powers as to 1 Division 6 — Prospective adoptive parents 37. CEO to inform etc. prospective adoptive parents 1 38. Applying to be prospective adoptive parent 1 39. Who can apply under s. 38(1) 1 40. Assessment report for s. 38(1) applicant, CEO to arrange 1 41A. CEO may conduct checks of s. 38(1) applicant 1 41. Assessment report to be given to adoption applications committee etc. 1 42. Committee may review own decision 1 43. Committee's decision, CEO to advise applicant of etc. 1 44. Register of s. 38(1) applicants etc., CEO's functions as to 1 Division 7 — Placement of prospective adoptees 45. Person consenting to child's adoption, CEO to seek wishes of etc. as to prospective adoptive parents 1 46. Adoption plan, negotiation and content of etc. 1 47. Adoption plan, CEO's duties as to 1 48. After adoption plan agreed, CEO to place child 1 49. Adoption plan not agreed, CEO's powers in case of 1 50. Dispute in negotiating adoption plan, Court's powers as to 1 51. Medical report on child required before placed for adoption 1 52. Prerequisites for CEO placing child for adoption 1 53. Placing child who cannot be placed under s. 52 1 54. Child's welfare etc. during placement, CEO to arrange supervision of 1 Division 8 — Adoptions by step‑parents, relatives or carers 55A. Placement of child with relative or carer, approval of by CEO 1 55B. CEO may conduct checks of s. 55A(1) applicant 1 55C. When application by relative or carer for adoption order can be made 1 55. Adoption plan required for adoption by step‑parent, relative or carer 1 Division 9 — Applications for adoption orders 56. When application for adoption order can be made 1 57. Court may override s. 56 1 58. CEO to be notified of intention to apply for adoption order etc. 1 59. Relatives etc. to be notified of intention to apply for adoption order if birth parent deceased or cannot be found 1 60. Court may vary or override s. 58(1) or 59(2) 1 61. Report for Court, CEO to arrange after receipt of s. 58(1) notice 1 62. Application for adoption order, filing formalities for 1 63. Intervention by CEO or others in adoption order proceedings 1 64. Evidence on application for adoption order 1 Division 10 — Adoption orders 65. Residential etc. prerequisites to making adoption order 1 66. Who may be adopted 1 67. Who may adopt 1 68. Adoption order for child, preconditions for making etc. 1 69. Adoption order for adult, preconditions for making etc. 1 70. Adoption plan, Court may allow added parties to 1 71. Court's other powers on adoption applications 1 72. Adoption plan, Court approval of required; enforcement of 1 73. Adoption plan, Court may dispense with requirement for 1 74. Name of adoptee, Court to declare 1 75. Effect of adoption order 1 76. Adoption plan, varying 1 77. Discharge of adoption order 1 78. Court to notify Registrar of adoption order etc. 1 Division 11 — Adoption of a child in Western Australia who is to live in a Convention country 78A. Adoption order for WA resident child by Convention country person, prerequisites for making etc. 1 78B. Adoption compliance certificate for s. 78A order, issue of for Hague Convention 1 Part 4 — Adoptions information Division 1 — Adoption information services 79. CEO's duties as to adoption information services 1 80. Death of party to adoption etc., CEO to notify certain persons 1 Division 2 — Access to adoptions information 81. Terms used and application of Division 2 1 82. Access to certain information, application for and grant by CEO of 1 83. Court may prevent CEO granting access under s. 82(2) etc. 1 84. Court records of adoption proceedings, who has right of access to 1 85. Registration of adoptee's birth, who has right of access to 1 86. Portion of registration of birth not referring to adoption, Registrar may issue copy of 1 88. Non‑identifying information held by adoption agency, who has right of access to 1 89. Death of party to adoption, who has right of access to information in case of 1 90. If adoptee cannot be found, who has right of access to information in case of 1 Division 3 — Exchange and preservation of adoptions information 91. Court to give CEO information 1 92. Registrar to give CEO information 1 93. Persons conducting etc. adoption services, CEO may direct to give CEO information 1 94. Records of adoptions etc., preservation of 1 Division 4 — Contact vetoes 99. Register of contact vetoes, CEO to maintain 1 100. Duration of contact vetoes 1 102. Confirming, cancelling and varying veto 1 103. Undertaking not to contact person who has lodged contact veto required before access to information granted 1 Division 5 — Private contact and mediation licensees 105. Contact and mediation agencies to be licensed 1 106. Licence to conduct contact and mediation services, grant of 1 107. Regulations as to contact and mediation agencies 1 108. Contact and mediation agencies bound by contact veto 1 Division 6 — Updating non‑identifying information 109. CEO, on request, to attempt to obtain current information 1 Part 5 — Review of decisions and appeals Division 1 — Review by CEO 110. Review by CEO of certain decisions, application for 1 111. Nature of review by CEO and evidence 1 112. CEO's powers on review 1 Division 2 — Review by State Administrative Tribunal 113. Review by SAT of CEO's decision under s. 112(1)(a) or (b) 1 Part 6 — Offences 120. Terms used 1 121. Territorial application of s. 122 to 125 1 122. Making or receiving payment for adoption, adoption service etc. 1 123. Advertising child for adoption etc. 1 124. Publishing identity of party to adoption etc. 1 125. Threat against person to induce consent etc. 1 126. Harassing etc. party to adoption etc. 1 127A. False etc. information in application etc. 1 127B. Party to proposed adoption etc. to notify CEO of certain information etc. 1 127. Disclosure etc. of information restricted 1 128. Prosecutions, who can commence and time limit for 1 129. Evidentiary matters 1 Part 7 — Miscellaneous Division 1 — Delegation and protection 130. Delegation by CEO 1 130A. Delegation by State Central Authority 1 131. Protection from personal liability 1 132. Distribution of property by trustee etc. without notice of adoption order 1 Division 2 — Proceedings 133. Court etc. proceedings to be in private 1 134. Child, representation of 1 Division 2A — State Central Authority 134A. Minister is Central Authority for WA for Hague Convention etc. 1 134B. Functions of the State Central Authority 1 Division 3 — Non‑Western Australian adoptions 135. Arrangements with other States and Territories, Minister may make 1 136. Recognition of other Australian adoptions 1 136A. Recognition in WA of adoption in Convention country of child resident in that country by Australian resident 1 136B. Court may terminate relationship of child and parent of certain adopted children 1 136C. Recognition in WA of adoption of child resident in Convention country by person resident in another such country 1 136D. Recognition under s. 136A, effect of 1 136E. Recognition in WA of decision in Convention country to convert adoption under Hague Convention Art. 27 1 136F. Court may declare recognition under s. 136A or 136C of no effect in WA 1 136G. Adoption compliance certificate, evidential value of 1 136H. Person wishing to adopt child in Convention country, State Central Authority to report on 1 137. Arrangements with other countries, Minister may make 1 138. Recognition in WA of foreign country adoptions 1 138A. Recognition in WA of adoption in overseas jurisdiction of child resident in that jurisdiction by Australian resident 1 138B. Recognition under s. 138A, effect of 1 138C. Adoption certificate, evidential value of 1 138D. Person wishing to adopt child in overseas jurisdiction, CEO may report on 1 139. Certain children in WA adopted outside Australia, CEO's powers to supervise welfare etc. of 1 Division 4 — Financial assistance and payment for services 140. Financial assistance, CEO's powers to provide 1 141. Services provided by CEO, payments for 1 Division 5 — Rules and regulations 142. Rules of Court 1 143. Regulations 1 Division 6 — Repeal, transitional and savings, consequential amendments and review 144. Adoption of Children Act 1896 repealed and transitional etc. provisions for (Sch. 3) 1 145. Adoption Amendment Act 2012, transitional provisions for 1 146. Review of Act 1 Schedule 1 — Effective consent 1. Information and counselling required before consent given 1 2. Witness to form of consent, who can be 1 3. Preconditions to witnessing form of consent 1 Schedule 2 — Rights and responsibilities to be balanced in adoption plans 1. Infancy 1 2. Childhood 1 3. Adolescence 1 4. Adulthood 1 Schedule 2A — Aboriginal and Torres Strait Islander children — placement for adoption principle Schedule 2B — The Hague Convention Schedule 3 — Transitional and savings 1. Terms used 1 2. Interpretation Act 1984 not affected 1 3. Further savings 1 8. Provisions of this Act that apply to adoptions under 1896 Act 1 9. Access to information, modified versions of s. 84, 85 and 88 apply to adoptions under 1896 Act 1 10. Access to information, effect of death of person required to consent 1 11. Access to information, effect of adoptee being mentally incapable of consenting 1 12. Access to information, effect of adoptive or birth parents being mentally incapable of consenting 1 13. Access to information, CEO may grant access to adoptee under 18 who cannot obtain required consents 1 14. Reference to record of Court proceedings includes record of proceedings under 1896 Act 1 15. Reference to registration of birth includes certain other registrations 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Adoption Act 1994 An Act to make provision for the adoption of persons and for the parties to adoptions and their relatives to have access to information about the parties, to repeal the Adoption of Children Act 1896, and for related purposes.