Adoption Regulations 1998

i Adoption Regulations 1998 S.R. No. 13/1998 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 1 5. Definitions 2 PART 2—ADOPTION AGENCIES AND COUNSELLORS 3 Division 1—Approved Adoption Agencies 3 6. Application for approval or renewal of approval of adoption agency 3 7. Qualifications of principal officer 3 Division 2—Approved Agencies for Overseas Adoptions 3 8. Prescribed organisations for overseas adoptions 3 9. Permitted arrangements with overseas agencies 4 10. Agencies not to be authorised by Director-General in certain circumstances 4 Division 3—Approved Counsellors 5 11. Director-General to keep list of approved counsellors 5 PART 3—REGISTERS OF PERSONS APPROVED TO ADOPT A CHILD 6 12. Register of fit and proper persons 6 13. Application for inclusion of name on register 7 14. Criteria for determining whether person is fit and proper to adopt a child 7 15. Applicants to be notified of grounds for refusal or deferment 7 -- 1 of 84 -- Regulation Page ii PART 4—CONSENTS TO ADOPTION 8 Division 1—Counselling 8 16. Approved counsellors 8 17. Information to be provided by counsellor 8 Division 2—Parental Wishes 9 18. Wishes of parent in relation to race, ethnic background, religion etc. 9 19. Wishes of parent with respect to receiving notice of certain events 10 Division 3—Procedures for Consenting to Adoption 11 20. Form of consent to adoption 11 21. Conduct of discussions 11 22. Persons who may witness consent 12 23. Matters to be complied with before statement signed 13 24. Offence to accept a fee for being present at a consent to adoption 13 25. Documents to be given to person consenting to adoption 13 26. Certificate of compliance 14 27. Consent to adoption by guardian of non-citizen child 14 28. Notification to parent of inability to place child 14 Division 4—Additional provisions applying to adoption of Aboriginal children 14 29. Expression of wishes at time of giving consent 14 30. Conditions of access to Aboriginal child 15 31. Notices to be given if condition of consent cannot be met 17 Division 6—Revocation and extension of time for revocation of consent 17 32. Extension of period for revoking consent 17 33. Notice of revocation of consent 18 PART 5—CARE OF CHILDREN AWAITING ADOPTION 19 34. Care of child before guardianship effective 19 PART 6—APPLICATIONS FOR ADOPTION 20 Division 1—Prescribed requirements for applicants 20 35. Requirements to be satisfied by applicants for adoption of a child 20 Division 2—Register of Adoptions 20 36. Registration of Adoption Orders 20 -- 2 of 84 -- Regulation Page iii 37. Details of adoptions to be provided to the Director-General by approved agencies 22 PART 7—BIRTH CERTIFICATES 24 38. Form of application for birth certificate 24 39. Fees payable 24 PART 8—GENERAL 25 40. Financial assistance 25 41. Time to comply with request for information 25 PART 9—SAVINGS AND TRANSITIONAL 26 42. Pending applications and consents 26 43. Persons deemed to be fit and proper 26 __________________ SCHEDULES 27 SCHEDULE 1—Regulations revoked 27 SCHEDULE 2—Information to be contained in an application for approval of adoption agency 28 SCHEDULE 3—Prescribed persons or organisations for intercountry adoption arrangements 30 SCHEDULE 4—Information to be provided in application for approval as fit and proper person to adopt a child 35 SCHEDULE 5—Statement of personal details required to be submitted with an application for approval as a person suitable to adopt a child 36 SCHEDULE 6—Notice to parent considering placing a child for adoption 43 SCHEDULE 7—Record of wishes of parent 46 Form 1—Wishes of natural parent with respect to religion, race or ethnic background of adoptive parents 46 Form 2—Wishes of natural parent after consent is given with respect to information about a child and access to a child 47 SCHEDULE 8—Wishes of natural parent with respect to receipt of information after consent is given 49 SCHEDULE 9—Forms of consent to the adoption of a child 50 Form 1—General consent to adoption 50 -- 3 of 84 -- Regulation Page iv Form 2—Consent by parent to child being adopted by spouse of the parent 51 Form 3—Consent by parent to child being adopted by the spouse of the other parent, or by a relative of the child or by the spouse of a relative of the child 52 Form 4—Additional statements relating to the wishes and conditions of a parent with respect to the adoption of a child within the aboriginal community 53 SCHEDULE 10—Prescribed statements of persons present when consent is given to an adoption within Australia 55 SCHEDULE 11—Prescribed statements of persons present when consent to adoption is given in a country other than Australia 58 SCHEDULE 12—Certificate of compliance 60 SCHEDULE 13—Consent of guardian of delegate to adoption of non-citizen child resident in Victoria 62 SCHEDULE 14—Notice to parent that an adoptive placement can not be found for a child 64 SCHEDULE 15—Notice to parent of an aboriginal child of inability to place a child under parent's condition 66 SCHEDULE 16—Notice varying a condition of consent to adoption of an aboriginal child 68 SCHEDULE 17—Extension of period for revoking consent to adoption 70 SCHEDULE 18—Notice revoking consent to adoption 71 SCHEDULE 19—Child care agreement—child awaiting adoption 72 SCHEDULE 20—Extension of child care agreement—child awaiting adoption 75 SCHEDULE 21—Memorandum of an adoption order 77 SCHEDULE 22—Application for copy of birth certificate 79 ═══════════════ NOTES 80 -- 4 of 84 -- 1 STATUTORY RULES 1998 S.R. No. 13/1998 Adoption Act 1984 Adoption Regulations 1998 The Governor in Council makes the following Regulations: Dated: 24 February 1998 Responsible Minister: DENIS NAPTHINE Minister for Youth and Community Services SHARNE BRYAN Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to prescribe matters authorised to be prescribed by, and to ensure the effective implementation of, the Adoption Act 1984. 2. Authorising provision These Regulations are made under section 130 of the Adoption Act 1984. 3. Commencement These Regulations come into operation on 3 March 1998. 4. Revocation The Regulations listed in Schedule 1 are revoked. -- 5 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 2 5. Definitions In these Regulations— "Aboriginal agency" has the same meaning as in section 50(3) of the Act; "principal officer" has the same meaning as in the Act; "spouse" includes de facto spouse; "the Act" means the Adoption Act 1984; "the Department" means the Department of Human Services. _______________ r. 5 -- 6 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 3 PART 2—ADOPTION AGENCIES AND COUNSELLORS Division 1—Approved Adoption Agencies 6. Application for approval or renewal of approval of adoption agency An application to the Director-General by a welfare organisation— (a) for the approval of the organisation as an approved agency under section 21 of the Act; or (b) for the renewal of approval as an approved agency under section 26 of the Act— must contain the information set out in Schedule 2. 7. Qualifications of principal officer A welfare organisation must not nominate a person as its principal officer or deputy principal officer for the purposes of section 21(2) of the Act, and an approved agency must not permit a person to act as, or to exercise the powers and functions of, a principal officer unless that person— (a) has a tertiary qualification in social work or in an appropriate social science; and (b) is experienced in the provision of child and family services. Division 2—Approved Agencies for Overseas Adoptions 8. Prescribed organisations for overseas adoptions For the purposes of sections 23 and 115(2) of the Act, the prescribed persons or organisations or classes of persons or organisations in places r. 6 -- 7 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 4 outside Australia for the adoption in Victoria of non-citizen children are those persons or organisations listed in Schedule 3. 9. Permitted arrangements with overseas agencies The Director-General must not make arrangements with any person or organisation referred to in regulation 8 unless the Director- General is satisfied— (a) after receiving written evidence, that the person or organisation is authorised in the country concerned to arrange for the overseas adoption of children in or from that country; and (b) the person or organisation is able to ensure that— (i) children and natural parents are not being exploited when arrangements are being made for the adoption of children in or from that country; and (ii) consents to adoption of such children are not obtained by fraud or under duress; and (iii) natural parents have an adequate opportunity to give informed consent to adoption of such children; and (iv) arrangements for the adoption of children from that country are subject to the requirements of natural or substantial justice. 10. Agencies not to be authorised by Director-General in certain circumstances The Director-General must not authorise an approved agency to make arrangements under section 23 of the Act with a person or organisation r. 9 -- 8 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 5 referred to in regulation 8 if the government of, or a government welfare body in, the place outside Australia has notified the Director-General that the overseas adoption of children from that country has been prohibited by that country. Division 3—Approved Counsellors 11. Director-General to keep list of approved counsellors (1) The Director-General must keep a list of persons currently approved under section 5 of the Act as approved counsellors. (2) The Director-General must ensure that the list is readily accessible to approved agencies. _______________ r. 11 -- 9 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 6 PART 3—REGISTERS OF PERSONS APPROVED TO ADOPT A CHILD 12. Register of fit and proper persons (1) The Director-General must— (a) keep a register of fit and proper persons who have been approved by the Director-General as being suitable to adopt a child; and (b) keep a record of those persons— (i) whose application for approval has been refused; or (ii) whose application for approval has been deferred; or (iii) in relation to whom an approval has been withdrawn. (2) The principal officer of an approved agency must— (a) keep a register of fit and proper persons who have been approved by the principal officer as being suitable to adopt a child; and (b) keep a record of those persons— (i) whose application for approval has been refused; or (ii) whose application for approval has been deferred; or (iii) in relation to whom an approval has been withdrawn. Penalty applying to this sub-regulation: 5 penalty units. r. 12 -- 10 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 7 13. Application for inclusion of name on register (1) A person may apply to the Director-General or the principal officer of an approved agency for approval as being a person suitable to adopt a child from— (a) within Australia; or (b) from a place outside Australia. (2) An application must contain the information set out in Schedule 4, and be accompanied by a completed statement of personal details specified in Schedule 5. 14. Criteria for determining whether person is fit and proper to adopt a child In determining whether or not a person is suitable to adopt a child, the Director-General or the principal officer must have regard to the requirements referred to in regulation 35. 15. Applicants to be notified of grounds for refusal or deferment The Director-General or principal officer must not refuse an application for approval as a person suitable to adopt a child, or defer an application for approval, or withdraw an approval unless the applicant— (a) has been notified in writing by the Director- General or principal officer of the reason or reasons for the refusal, deferment or withdrawal; and (b) has been given a reasonable opportunity to make a submission, either orally or in writing, to the Director-General or the principal officer. _______________ r. 13 -- 11 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 8 PART 4—CONSENTS TO ADOPTION Division 1—Counselling 16. Approved counsellors For the purposes of section 35(1) of the Act, a person approved by the Director-General or the principal officer must be an approved counsellor. 17. Information to be provided by counsellor (1) The person approved to provide counselling for the purposes of section 35(1) of the Act must provide the person proposing to give consent to the adoption of his or her child written information about the following matters in a language readily understood by that person— (a) procedures and provisions applying to the giving of consent including specific consents by relatives or the spouse of a relative and conditional consents applying to Aboriginal children; (b) procedures and provisions relating to extending the period for revoking consent and the process for revoking consent within the period for revoking consent; (c) procedures and provisions applying to revoking consent within the period for revoking consent; (d) procedures and provisions applying once consent can no longer be revoked but before an adoption order is made; (e) information about support services in the community and different arrangements that may be made to care for the child; (f) the effect of an adoption order; r. 16 -- 12 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 9 (g) the person's right to obtain a copy of his or her child's original birth certificate. (2) For the purposes of section 35(1)(b) and 35(1)(c) of the Act, the information in writing to be given by a counsellor, and the notice to be given in writing to the person receiving counselling, must be in the form of Schedule 6. (3) A form is still in the form of Schedule 6 even if the words in the form are divided into sections and placed in relevant parts of a document and provided to the person considering giving consent with other information relating to adoption and other notices required to be given in writing. Division 2—Parental Wishes 18. Wishes of parent in relation to race, ethnic background, religion etc. (1) For the purposes of determining the wishes of a parent under section 15(1)(b) of the Act, the Director-General or principal officer must ensure that a parent giving consent to adoption has been given the opportunity of expressing in writing his or her wishes about the religion, race, or ethnic background of proposed adoptive parent or adoptive parents of the child. (2) A record of the wishes of the parent under section 15(1)(b) of the Act must— (a) be made by the Director-General or principal officer; and (b) contain the information set out in Form 1 of Schedule 7. (3) For the purpose of determining the wishes of a parent under section 15(1)(c) of the Act, the Director-General or principal officer must ensure that after consent is given, an opportunity is made r. 18 -- 13 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 10 available to the parent to express in writing his or her wishes about access to the child and information about the child. (4) A record of the wishes of the parent under section 15(1)(c) of the Act must— (a) be made by the Director-General or principal officer; and (b) contain the information set out in Form 2 of Schedule 7. 19. Wishes of parent with respect to receiving notice of certain events (1) To enable the Director-General or principal officer to determine whether or not a person who has given consent to adoption wishes to receive notice of any event listed in section 44(1) of the Act (other than sub-section (1)(d)), the Director- General or the principal officer must ensure that an opportunity is given to the parent at the time of giving consent to adoption to express a wish not to be given notice of any particular event. (2) A record of the wishes of the parent must— (a) be made by the Director-General or principal officer; and (b) contain the information set out in Schedule 8. (3) At the time the record is made, the Director- General or principal officer must ensure that the parent is advised that changes to his or her wishes about being notified about any particular event may be made at any time by notifying the Director-General or principal officer in writing. (4) The Director-General or principal officer must ensure that a person giving consent to an adoption r. 19 -- 14 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 11 is notified in writing of any event listed in section 44(1). Division 3—Procedures for Consenting to Adoption 20. Form of consent to adoption For the purposes of section 34(1) and 34(3) of the Act— (a) the form of consent is in the prescribed form if— (i) in the case of a general consent—it contains the information prescribed in Form 1 of Schedule 9; (ii) in the case of consent by a person to the adoption of his or her child by his or her spouse—it contains the information prescribed in Form 2 of Schedule 9; (iii) in the case of consent by a person to the adoption of his or her child by the spouse of the child's other parent or to adoption by a relative of the child (whether by blood or marriage)—it contains the information prescribed in Form 3 of Schedule 9; (b) the prescribed statements are— (i) in the case where a person gives consent in Australia—the statements set out in Schedule 10; (ii) in the case where a person gives consent to adoption in a country outside Australia—the statements set out in Schedule 11. 21. Conduct of discussions r. 20 r. 21 -- 15 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 12 When a parent gives consent to the adoption of a child, the persons in whose presence consent is given must conduct their discussions in a sensitive manner and in a setting that ensures dignity, privacy and confidentiality. 22. Persons who may witness consent (1) For the purposes of section 34(1)(a)(ii) of the Act, the person approved by the Director-General or principal officer must be— (i) the person who gave the counselling for the purposes of section 35(1)(a); or (ii) if the person who gave the counselling is unavailable, or, because of the particular circumstances, it is impracticable for that person to be present, a person who has a detailed knowledge of adoption practice especially in relation to the effects of an adoption order, the procedure for extending the period for revoking consent and the procedure for revoking consent. (2) For the purposes of section 34(2) of the Act, the prescribed officials of a court are— (a) the Prothonotary or Deputy Prothonotaries of the Supreme Court; (b) the Registrar or Deputy Registrars of the County Court approved by the Registrar for the purposes of the section; (c) the Registrar of the venues of the Magistrates' Court in the Melbourne metropolitan area authorised for the purposes of the section by the Secretary to the Department of Justice; (d) the Registrar of the venues of the Magistrates' Court outside the Melbourne metropolitan area. -- 16 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 13 23. Matters to be complied with before statement signed A person must not sign a statement referred to in regulation 20(b) unless the person believes that the person giving consent understands the effect of an adoption order, and the procedures for revoking consent, and for extending the period for revoking consent, to the adoption. 24. Offence to accept a fee for being present at a consent to adoption A person must not solicit, or accept, a fee for being present when a consent to adoption is given under section 34 of the Act. Penalty: 5 penalty units. 25. Documents to be given to person consenting to adoption At the time consent to adoption is given, the person referred to in section 34(2) of the Act must— (a) hand the following forms to the person giving consent to adoption— (i) a true and completed copy of the form of consent to adoption of the child (Schedule 9) signed by the person; and (ii) a blank copy of a form to enable the person to revoke consent (Schedule 18); and (iii) a blank copy of a form with the name and address of the adoption agency or the officer of the Department who is arranging the adoption inserted to enable the person to extend the period for revoking consent (Schedule 17); (b) immediately forward the original signed consent form or ensure that it is delivered to r. 23 -- 17 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 14 the Director-General or principal officer of the approved agency named in the consent. 26. Certificate of compliance For the purposes of section 35(3) of the Act, a certificate signed by the Director-General or a principal officer that the requirements of section 35(1) of the Act have been met must be in the form of Schedule 12. 27. Consent to adoption by guardian of non-citizen child For the purposes of section 36 of the Act, a consent by the guardian or delegate of the guardian to adoption of a non-citizen child must contain the information in Schedule 13. 28. Notification to parent of inability to place child For the purposes of section 38(1) of the Act, a notice informing a parent that the Director- General or principal officer is unable to place a child with a proposed adoptive parent or proposed adoptive parents— (a) must contain the information in Schedule 14; and (b) must be accompanied by a form to enable the parent to revoke his or her consent (Schedule 18). Division 4—Additional provisions applying to adoption of Aboriginal children 29. Expression of wishes at time of giving consent If at the time consent is given under section 37 of the Act, the parent of an Aboriginal child r. 26 r. 29 -- 18 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 15 expresses a wish under section 50 of the Act that the child be adopted within the Aboriginal community, the instrument of consent must also contain the information prescribed in Form 4 of Schedule 9. 30. Conditions of access to Aboriginal child (1) For the purposes of section 37(1) of the Act, the prescribed terms on which access may be had to an adopted child whose parent has expressed the wish that the child be adopted within the Aboriginal community and an adoption order has been made subject to a condition under section 59 of the Act that a parent or the parents, relatives of the child and members of the Aboriginal community to which the child belongs have such access to the child as is specified in the order are— (a) if access by members of the Aboriginal community is a condition of the order— (i) a person acting under the authority of an Aboriginal agency has a right to visit the child and the adoptive parents in their home twice each calendar year in order to assess the extent of contact and the opportunities for contact between the child and the Aboriginal community and assist and support the adoptive parents in arranging contact between the child and the Aboriginal community; and (ii) if an Aboriginal agency has arranged a conference under the terms outlined in this regulation, a specified member of the Aboriginal community seeking access to the child cannot have access -- 19 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 16 until that member has attended the conference arranged by the agency; (b) if access by a specified relative of the child is a condition of the order and an Aboriginal agency has arranged a conference under the terms outlined in this regulation, that relative cannot have access to the child until the relative has attended the conference arranged by the agency. (3) An Aboriginal agency may arrange a conference to meet the requirements of sub-regulation (1) in relation to a specified person. (4) The aims of any conference arranged under this regulation are to be— (a) to resolve any difficulties about access that may be occurring; and (b) to establish the basis for future access to the adopted child by the relative or member of the Aboriginal community. (5) Conferences arranged under this regulation by an Aboriginal agency are to be attended by a representative of the Aboriginal agency and the relative or member of the Aboriginal community seeking access. (6) The Aboriginal agency may invite the natural parents, the adoptive parents, the child (depending on maturity) and particular members of the Aboriginal community if participation by any of these persons is relevant. (7) A relative, or member of the Aboriginal community seeking access to an adopted child under an adoption order made under section 59 of the Act is not required to attend a conference before being given access to the child if no r. 30 -- 20 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 17 conference has been arranged by an Aboriginal agency. (8) An Aboriginal agency must not arrange a conference under this regulation if arrangements for access are satisfactory to the person seeking access, the adoptive parents and the child. 31. Notices to be given if condition of consent cannot be met For the purposes of section 37(2) of the Act— (a) the notice that the Director-General or principal officer of an approved agency is unable to find a person or persons suitable to adopt a child to whom a consent has been given subject to a condition under section 37 is in the prescribed form if it contains the information in the order set out in Schedule 15; and (b) the notice in writing to be served on the Registrar of the County Court varying the conditions to which a consent is subject must contain the information in the order set out in Schedule 16. Division 6—Revocation and extension of time for revocation of consent 32. Extension of period for revoking consent (1) For the purposes of extending the period in which a parent may revoke consent under section 41(1)(a) of the Act— (a) a form is in the prescribed form if it contains the information set out in Schedule 17; (b) the prescribed method of attestation is that the form be witnessed by a person who is 18 years of age or older. r. 31 -- 21 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 18 (2) The extension of the period for revoking consent is only effective if the signed copy of Schedule 17 is received by the Registrar of the County Court within 7 days after the form has been signed. (3) This requirement does not apply if the copy is received within the 28 day period for revoking consent. 33. Notice of revocation of consent (1) For the purposes of revoking consent to adoption under section 41(1) of the Act, the notice in writing to be served on the Registrar of the County Court must— (a) contain the information in the order set out in Schedule 18; and (b) be witnessed by a person who is 18 years of age or older. (2) For the purposes of section 41(2) of the Act, the prescribed address for serving the notice on the Registrar of the County Court is— The Registrar of the County Court 223 William Street MELBOURNE 3000. _______________ r. 33 -- 22 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 19 PART 5—CARE OF CHILDREN AWAITING ADOPTION 34. Care of child before guardianship effective (1) If a person described in section 45(1)(a) or (b) of the Act wishes to authorise the Director-General or principal officer to exercise rights of custody over a child before guardianship is effective under section 46 of the Act, the authority is not effective unless the Director-General or principal officer first agrees in writing to exercise rights of custody over the child. (2) An authority must be in writing and must be entered into as an agreement between the person and the Director-General or the principal officer of the adoption agency. (3) The Director-General or principal officer must ensure that the person understands the effect, nature and duration of the agreement, the provisions of section 45(1)(c) to (g) of the Act for ending the agreement, the provisions for placing the child under section 45(3) of the Act and any rights to access the person has while the agreement is in force. (4) The agreement must be in the form of Schedule 19. (5) If an agreement has been entered into under this regulation, any extension of the agreement under section 45(2) of the Act must be in the form of Schedule 20. _______________ r. 34 -- 23 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 20 PART 6—APPLICATIONS FOR ADOPTION Division 1—Prescribed requirements for applicants 35. Requirements to be satisfied by applicants for adoption of a child For the purpose of section 15(1)(a) of the Act, the prescribed requirements are that— (a) the personality, age, emotional, physical and mental health, maturity, financial circumstances, general stability of character and the stability and quality of the relationship between the applicants and between the applicants and other family members, are such that he or she has the capacity to provide a secure and beneficial emotional and physical environment during a child's upbringing until the child reaches social and emotional independence; (b) if an applicant has had the care of a child before applying for approval as suitable to adopt a child, he or she has shown an ability to provide such an environment for the child. Division 2—Register of Adoptions 36. Registration of Adoption Orders (1) For the purposes of sections 70(1), (2) and (3) of the Act, the prescribed officer of the Court is— (a) the Prothonotary of the Supreme Court; or (b) the Registrar of the County Court. (2) For the purposes of section 70(1) of the Act— (a) the memorandum must contain the information in Schedule 21; r. 35 -- 24 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 21 (b) the prescribed particulars to be ascertained from the memorandum to be entered in the Adopted Children Register by the Registrar of Births, Deaths and Marriages are— (i) the sex, names under the adoption order, date and place of birth of the adopted child, and if the child was born outside Victoria, details of the State or Territory in Australia, or details relating to the country, where the child was born; (ii) the given names, the family name, the place of birth, the age at the birth of the child and usual occupation of the adoptive father, or in the case of adoption by the spouse of a father, of the person registered as father before the adoption order was made; (iii) the given names, the family name, the maiden family name, the place of birth, the age at the birth of the child and usual occupation of the adoptive mother, or in the case of adoption by the spouse of a mother, of the person registered as mother before the adoption order was made; (iv) if married, the date and place of marriage of the adoptive parent or parents, or in the case of adoption by the spouse of a parent, the date and place of marriage of that spouse and the adoptive parent or, if not married, the date the relationship commenced; (v) the given names, the family names, the ages at the time of birth of the adoptive child, of all children of the adoptive r. 36 -- 25 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 22 parent or parents, or in the case of adoption by the spouse of a parent, all children of the adoptive parent and the spouse of the adoptive parent; (vi) as 'informant', the full name and address of the person who made the report to the court on behalf of the Director-General or the principal officer of an approved agency, or in the case of the adoption of a person who has attained the age of 18 years before the adoption order is made, the full name and address of the adoptive parent or adoptive parents of the adopted person. (4) For the purposes of sections 72(a)(ii) and 73(b) of the Act the prescribed particulars relating to a person whose birth is registered in Victoria and for whom an adoption order has been made in another State or Territory or another country are the particulars listed in sub-regulation (3). (5) If the memorandum or copy of an order received under section 72(a)(ii) or section 73(b) of the Act does not include all the prescribed particulars, the Registrar of Births, Deaths and Marriages must delay registration of the adoption order and seek to obtain those prescribed particulars. 37. Details of adoptions to be provided to the Director- General by approved agencies For the purposes of section 85(2)(b) of the Act, the details of the parties to an application to an adoption to be given to the Director-General by an approved agency are— (a) the former registered names, date and place of birth of the child; r. 37 -- 26 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 23 (b) the names of the child which are given in the Adoption Order; (c) the names and address and date and place of birth of the natural parents of the child; (d) the names and address and date and place of birth of the adoptive parents of the child; (e) the name and address of the person who submitted the report to the court referred to in section 15(1) of the Act. _______________ r. 37 -- 27 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 24 PART 7—BIRTH CERTIFICATES 38. Form of application for birth certificate An application by an adopted person or a natural parent for the issue of a certified copy of the entry in the Register of Births relating to the adopted person under section 92(2) or section 92(3) of the Act must be in the form of Schedule 22. 39. Fees payable 1 (1) For the purposes of section 92(4) of the Act, the prescribed fee is the appropriate fee prescribed under the Births Deaths and Marriages Registration Act 1996. (2) The fee payable to the Director-General or an approved agency for any other application under Part VI of the Act is $75. _______________ r. 38 -- 28 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 25 PART 8—GENERAL 40. Financial assistance For the purposes of section 105 of the Act, the Director-General may make grants or provide other financial assistance to the following persons— (a) adoptive parents of a child with a physical, sensory, intellectual, or emotional disability, or persons with whom such a child has been placed for the purpose of adoption; (b) adoptive parents of more than one child of a family group, or persons with whom such children have been placed for the purpose of adoption; (c) adoptive parents of a child where the Director-General considers that there are unusual or difficult circumstances, or persons with whom such child has been placed for the purpose of adoption. 41. Time to comply with request for information For the purpose of section 123 of the Act, the prescribed period for compliance with a request for information is 28 days after the request is made. _______________ r. 40 -- 29 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 26 PART 9—SAVINGS AND TRANSITIONAL 42. Pending applications and consents Consents to the adoption of a child, applications to adopt a child, or for approval of an organisation as an adoption agency, which had not been finalised on the day these Regulations come into operation, may be completed as if the Adoption Regulations 1987 were still in force. 43. Persons deemed to be fit and proper Despite the revocation of the Adoption Regulations 1987, an approval of a person as a fit and proper person to adopt a child and any refusal, deferment or withdrawal of such an approval by the Director-General or by the principal officer of an agency continues to have effect as if the approval, refusal, deferment or withdrawal was made under these Regulations. __________________ r. 42 -- 30 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 27 SCHEDULES SCHEDULE 1 Regulation 4 REGULATIONS REVOKED Title S.R. No. Adoption Regulations 1987 273/1987 Adoption (Amendment) Regulations 1987 379/1987 Adoption (Amendment) Regulations 1989 141/1989 Adoption (Fees Amendment) Regulations 1992 45/1992 Adoption (Inter-Country Adoption Arrangements) Regulations 1994 14/1994 _______________ Sch. 1 -- 31 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 28 SCHEDULE 2 Adoption Regulations 1998 Regulation 6 INFORMATION TO BE CONTAINED IN AN APPLICATION FOR APPROVAL OF ADOPTION AGENCY The name and address of the organisation and location of the proposed agency. The membership and interests of members of any governing body of the organisation. A copy of the rules, constitution, memorandum or articles of incorporation, as the case may be, of the organisation and a copy of any instrument evidencing the trusts, if any, related to the organisation. The proposed method of financing the agency, including a financial statement and budget estimate. The reasons the organisation wishes to make arrangements for adoption of children. The activities the organisation proposes to undertake in relation to arranging adoptions, and the provision of an Adoption Information Service. The experience of the organisation in adoption or related family welfare services. The organisation's links with other child and family welfare services including arrangements for the care of a child before adoptive placement and after a child is removed from an adoptive placement. The populations and geographical area of Victoria that the proposed agency would serve. If adoption of children from overseas countries is proposed, the links established or proposed with organisations or persons in such countries. Office facilities including the availability of confidential interviewing rooms. The number, experience, qualifications and duties of staff. Provisions for the training of staff. The structure, membership and interests of members of the committee making recommendations on applications for approval as persons suitable to adopt a child. The structure, membership and interests of the committee concerned with the placement of children for adoption. Sch. 2 -- 32 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 29 The method of keeping records of persons involved in adoption arrangements and for the safekeeping of these records. Procedures for the review and evaluation of the agency. _______________ Sch. 2 -- 33 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 30 SCHEDULE 3 Adoption Regulations 1998 Regulation 8 PRESCRIBED PERSONS OR ORGANISATIONS FOR INTERCOUNTRY ADOPTION ARRANGEMENTS COUNTRY ORGANISATION BRAZIL Director "Lar Galileia" Rua Heliotropio 145 Caicara Belo Horizonte. CEP 31230 Minas Gerais BRAZIL CHILE Director Nacional Servicio Nacional De Menores (Sename) Avenida Pedro De Valdiva No. 4070 Santiago CHILE COLOMBIA Jefe Oficina de Adopcion Ministerio de Saldo Instituto Colombiano de Bienestar Familiar Avenida 68 No. 64-01 A.A. 18116 Bogota D.E. COLOMBIA ETHIOPIA Secretary Adoption Committee Children & Youth Affairs Organisation PO Box 1133 Addis Ababa ETHIOPIA COUNTRY ORGANISATION Sch. 3 -- 34 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 31 FIJI Director Department of Social Welfare P.O. Box 2127 Government Buildings Suva FIJI GUATEMALA Director Programa de Adopciones Direccion de Bienstar Infantil y Familiar Secretaria de Bienstar Social de la Presidencia 32 Calle 9-34 Zona 11 Guatemala City GUATEMALA Director "Vida Nueva" 1a Avenida A 2-44 Zona 2 El Sauce Guatemala City GUATEMALA HONG KONG Director International Social Service 313-315 Flinders Lane MELBOURNE VIC 3000 Executive Director International Social Service Hong Kong Branch 6/F Southorn Centre 130 Hennessy Road Wanchai HONG KONG INDIA Principal Officer St Michael's Home No 80 Feet Road (Old Madras Road) India Nagar Bangalore 560 038 INDIA COUNTRY ORGANISATION Principal Officer Sch. 3 -- 35 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 32 Indian Society for Sponsorship and Adoption 1 Palace Court 1 Kyd Street Calcutta 700016 INDIA Principal Officer Basundhara Cuttack 753 008 Orissa INDIA Principal Officer Missionaries of Charity Nirmala Shishu Bhavan 12 Commissionaire Lane Delhi 1110054 INDIA Director Holy Cross Social Service Centre 34, Dr Mukherjee Nagar (West) Delhi 110009 INDIA Secretary Central Adoption Resource Agency (CARA) Ministry of Welfare West Block 8, Wing 2 2nd Floor, R.k. Puram New Delhi 110066 INDIA Principal Officer Guild of Services Adoption Centre Seva Samajam Balika Nilayam 10-3 - 561/3, Vijayanagar Colony Hyderabad 500457 INDIA COUNTRY ORGANISATION Principal Officer Institution Shri Shradhanand Anathalaya Sch. 3 -- 36 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 33 123 Shradhanand Peth Nagpur 440022 INDIA Principal Officer Bharatiya Samaj Seva Kenora (BSSK) No. 5 Koregaon Atur Park Pune 411001 INDIA KOREA Executive Director Eastern Social Welfare Society P.O. Box 241 Sodaemun Seoul KOREA PHILIPPINES Secretary Intercountry Adoption Board 6th Floor Sinagoga Building 481 Sinagoga Street (Along A. Malini) Malati Manila PHILIPPINES POLAND Director Osrodelc Adopcyjno-Opiekunczy Nowogrodzka 75 St. 02-018 Warszawa POLAND ROMANIA Chairperson Romanian Committee for Adoption Guvernul Romanice Departmental Pentru Protectia Copilului C.R.A. Piata Victorici Bucharest ROMANIA COUNTRY ORGANISATION SRI LANKA The Commissioner Department of Probation and Child Care Service P.O. Box 546 Colombo 1 Sch. 3 -- 37 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 34 SRI LANKA Sister in Charge Good Shepherd Convent Hendela, Wattala District Gampatha SRI LANKA Sister in Charge Missionaries of Charities Shanti Nivasa 188, Modera Street Colombo 15 SRI LANKA TAIWAN Executive Director Christian Salvation Service 432 Keelung Road SEC1. Suite 704 Taipei TAIWAN THAILAND Director Child Adoption Centre Rajavithi Home for Girls Rajavithi Road, Payathai Bangkok 10400 THAILAND _______________ Sch. 3 -- 38 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 35 SCHEDULE 4 Adoption Regulations 1998 Regulation 13 INFORMATION TO BE PROVIDED IN APPLICATION FOR APPROVAL AS FIT AND PROPER PERSON TO ADOPT A CHILD The full name of the applicant. The date of birth of the applicant. The address of the applicant. The home and business telephone number of the applicant. A statement to the effect that, if the application is approved, the applicant understands that his or her name will be placed on a register of persons approved as suitable to adopt a child. A statement to the effect that the applicant understands that being placed on a register does not ensure that a child will be placed for adoption with the applicant. A statement to the effect that the applicant understands that he or she may also be asked to complete or provide other forms or documents such as birth certificates, medical forms, marriage and divorce certificates, citizenship certificates, police record authorisation, and previous assessments for placement of children and other personal information. In the case of an applicant for adoption of a child from another country— (a) the name of the country from which it is intended to adopt the child; and (b) a statement to the effect that the applicant understands that approval to adopt a child from a country named in the register does not apply to any other country and that a further approval may be necessary to adopt a child from any other country. The signature of the applicant and the date the application was signed. _______________ Sch. 4 -- 39 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 36 SCHEDULE 5 Adoption Regulations 1998 Regulation 13 STATEMENT OF PERSONAL DETAILS REQUIRED TO BE SUBMITTED WITH AN APPLICATION FOR APPROVAL AS A PERSON SUITABLE TO ADOPT A CHILD PURPOSE OF THIS FORM: THE INFORMATION YOU PROVIDE IN THIS FORM IS DESIGNED TO ASSIST THE ADOPTION AGENCY ADVISE YOU ABOUT YOUR ELIGIBILITY TO ADOPT A CHILD. IT ALSO INCLUDES SOME OF THE MATTERS THE COURT WILL CONSIDER IF YOU MAKE AN APPLICATION TO THE COURT TO ADOPT A CHILD. INFORMATION ABOUT YOUR RELIGION, RACE OR ETHNIC BACKGROUND IS RELEVANT AS THE AGENCY MUST CONSIDER THE WISHES OF A NATURAL PARENT BEFORE PLACING A CHILD WITH YOU. INFORMATION PROVIDED MUST BE CORRECT AT THE TIME YOU SIGN THE FORM, ALTHOUGH IT IS UNDERSTOOD YOUR CIRCUMSTANCES MAY CHANGE TO SOME EXTENT. IF ANY QUESTION DOES NOT APPLY TO YOU, WRITE 'N.A.' IN THE SPACE PROVIDED. APPLICANT No. 1 APPLICANT No. 2 PERSONAL DETAILS Surname Given Names Address Previous surnames Sex Date of Birth Place of Birth (i.e. State or Country of Birth) Sch. 5 -- 40 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 37 APPLICANT No. 1 APPLICANT No. 2 Marital status (i.e. Married, Divorced, Widow/er, De facto, Separated, or Single) If currently married, date and place of marriage (i.e. Country, State, Town or Suburb) If currently in a de facto relationship, the date of commencement of that relationship Previous marriages— (If divorced—country or State, Date and Number of Divorce) If a widow/er—date of death of husband or wife Nationality If naturalised, date of citizenship/ naturalisation Race or Ethnic Origin Religion Education Level Achieved Qualifications Current Occupation (Include household duties or unemployed) APPLICANT APPLICANT Sch. 5 -- 41 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 38 No. 1 No. 2 Current Employer (Name and Address) Children (List the names and dates of birth of all children in your care indicating under "Relationship" whether they are your children by birth or adoption or are fostered etc., and under "Court Orders" note whether a court order such as guardianship, custody, access or maintenance applies). Child 1 (name) (date of birth) Child 2 (name) (date of birth) Child 3 (name) (date of birth) Child 4 (name) (date of birth) Child 5 (name) (date of birth) Relationship Court Orders Relationship Court Orders APPLICANT No. 1 APPLICANT No. 2 Sch. 5 -- 42 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 39 Health—Applicants: (Please give names and addresses of medical practitioners known to you who may be able to provide medical reports) Doctor's Name: Address: Phone No.: Doctor's Name: Address: Phone No.: Doctor's Name: Address: Phone No.: Health—Children: (Please comment generally on the physical and emotional health of each child in your care noting any particular problem or concerns occurring now or previously including any specialist treatment or services provided) FINANCIAL STATEMENT PART A: INCOME— EXPENDITURE (1) ANNUAL INCOME Salary and Wages and/or Net Income from business APPLICANT No. 1 APPLICANT No. 2 Social Security Payments Sch. 5 -- 43 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 40 (and type of benefit) Maintenance and support from Previous Marriage Dividends and Interest Rents All other sources (please specify) If joint income (e.g. business) please specify TOTAL ANNUAL INCOME FOR EACH APPLICANT (2) ANNUAL EXPENSES Income Tax Insurance and Superannuation Health Insurance Rent Rates and Taxes Mortgage Payments Residence(s) Investment Property(ies) Business Property(ies) Food and Household Expenditure Electricity/Gas/Fuel APPLICANT No. 1 APPLICANT No. 2 Telephone Clothing Child Care and Education Sch. 5 -- 44 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 41 Entertainment Fares Car Maintenance and Registration Hire Purchase/Credit Payments Maintenance from Previous Marriage Professional Membership/ Education Fees Personal Loans Travel Other (please specify) If joint expenditure (e.g. business) please specify TOTAL ANNUAL EXPENSES FOR EACH APPLICANT TOTAL NET INCOME PART B—ASSETS AND LIABILITIES (1) Assets Family Residence(s) APPLICANT No. 1 APPLICANT No. 2 Investment property(ies) (Please give improved capital value) Shares and Debentures Credits in Bank Sch. 5 Sch. 5 -- 45 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 42 Savings Accounts, Building Societies, and Cash on Hand Insurance Policies (please specify surrender value) Motor Vehicles (please give present value) Other Property (please give value) (2) Liabilities/Financial Obligations (Not included in Part A) Amount Owing: Residence(s) Investment Property(ies) Business Property(ies) Personal Loan(s) (including credit cards) Other Signature, Applicant No. 1 Signature, Applicant No. 2 Signature of Witness Signature of Witness Name of Witness Name of Witness Address of Witness Address of Witness Date Date _______________ Sch. 5 -- 46 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 43 SCHEDULE 6 Adoption Regulations 1998 Regulation 17 WRITTEN INFORMATION TO BE PROVIDED BY COUNSELLOR NOTICE TO PARENT CONSIDERING PLACING A CHILD FOR ADOPTION When you are thinking about adoption for your child there are a number of different arrangements you can consider for raising your child. One of these arrangements may be best suited to you and your child. These arrangements include— • raising the child yourself using the supports and financial benefits available in your community. • temporary care by another family until you have set up living arrangements, income and other supports. • permanent care of your child by other parents who may have a legal order such as a custody order, guardianship order or adoption order. When these orders exist they involve transfer of some or all of your legal rights as a parent. When an adoption is finalised the Court makes an adoption order. This causes major legal changes affecting your relationship with your child. Transfer of Rights Once an adoption order is made the child is treated in law in every way as the child of the parents who adopt the child. Your rights and responsibilities as a parent are given to the adoptive parent. An adoption order is permanent unless there are exceptional circumstances. Names of the Child After adoption the child may have new names. When an adoption order is made the Court approves the names of the child specified in the adoption application. The surname is usually the surname of the parents applying to adopt. They also select given names which may be new names or names the child is known by. Sch. 6 -- 47 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 44 New Birth Certificate After adoption your child receives a new Birth Certificate which includes the names of the adoptive parents. Inheritance After adoption your child is entitled to inherit from the adoptive parents as if the child was born to them. Your child may only inherit from you or your relatives if named in your will or the will of a relative. Rights of Natural Parent The law allows natural parents to have some rights after an adoption order is made. It entitles you to some information about your child after an adoption order is made. You may be entitled to have access to your child if this has been included in the adoption order, or if other arrangements have been agreed to by you and the adoptive parents. When an adoption order is granted to a step-parent who is married to the parent still caring for the child, the law regards both of these parents as the child's parents. The parent still caring for the child in this case does not lose any of their rights as a parent. If you are the other parent of the child (that is the parent who is no longer caring for the adopted child) you are no longer treated in law as the child's parent. All of the usual effects of an adoption order would apply to you once an adoption order is made. At any time before or after an adoption order is made you can apply to the Registrar of Births, Deaths and Marriages for a certified copy of your child's original birth certificate. To obtain a copy of your child's original birth certificate you should apply either in writing or in person to— The Registrar of Births, Deaths and Marriages, 295 Queen Street, Melbourne 3000. There are a number of organisations that provide services to parents. These services are designed to support parents as they raise their children. Your counsellor will discuss with you some of the services that could assist you if your child is not placed for adoption. The names and addresses of organisations identified by your counsellor are: Sch. 6 -- 48 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 45 _______________ Sch. 6 -- 49 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 46 SCHEDULE 7 Adoption Regulations 1998 Regulation 18 RECORD OF WISHES OF PARENT Form 1 WISHES OF NATURAL PARENT WITH RESPECT TO RELIGION, RACE OR ETHNIC BACKGROUND OF ADOPTIVE PARENTS The full name, address and date of birth of the natural parent of the child. The name, date of birth and place of birth of the child. A statement by the parent as to whether or not he or she wishes to express a preference about the religion, race or ethnic background of any adoptive parents for the child being considered by the Director-General or the principal officer of the adoption agency. If the parent wishes to express a preference, a statement of his or her wishes with respect to— (a) religion; (b) race; and (c) ethnic background— of the adoptive parents being considered for the placement of the child. A statement that the person understands that, although his or her wishes will be considered carefully, it may not be possible to place his or her child with people who meet all of his or her wishes. The signature of the parent. The signature of an approved counsellor. The date and place where the statement of wishes was signed. _______________ Sch. 7 -- 50 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 47 Form 2 WISHES OF NATURAL PARENT AFTER CONSENT IS GIVEN WITH RESPECT TO INFORMATION ABOUT A CHILD AND ACCESS TO A CHILD The full name, address and date of birth of the natural parent of the child. The name, date of birth and place of birth of the child. Understandings A statement by the natural parent that he or she understands that— (a) the Director-General or principal officer of the adoption agency must consider both his or her wishes and the welfare and interests of his or her child before placing the child for adoption; (b) it may not be possible to find a placement for his or her child that meets all his or her wishes and that the Director-General or principal officer may place the child in a placement that does not fit his or her wishes if this is in the child's interests; (c) where the adoptive parents and the natural parent agree, arrangements about information or access to the child may be included as conditions of an adoption order; (d) if conditions are included in an adoption order, the adoptive parents and the natural parent may later apply to the Court to vary or withdraw the conditions; (e) the adoptive parents and the natural parent can decide not to include arrangements that all have agreed to in an adoption order and that, in this case, neither the adoptive parents nor the natural parent may apply to the Court after the adoption order has been made to vary conditions or to resolve difficulties or to have conditions included in the adoption order. Wishes of natural parent with respect to information about his or her child A statement by the natural parent whether or not he or she wishes to be contacted and advised if no placement is available to meet his or her wishes. A statement by the natural parent whether or not he or she wishes to have his or her child placed with persons who agree to give information about the child to the Director-General or to the principal officer and, if so, the frequency with which the parent wishes such information to be given. Wishes of natural parent with respect to information about conditions on adoption order Sch. 7 -- 51 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 48 A statement by the natural parent whether or not he or she wishes his or her child to be placed with persons who agree to have his or her wishes for information about the child to be included in an adoption order. Wishes of natural parent with respect to access to his or her child A statement by the natural parent whether or not he or she wishes his or her child to be placed with persons who agree— (a) to allow him or her access to the child and, if so, the frequency access is required; (b) to allow relatives to have access to the child and, if so, the name and address of the relative or relatives to have access, relationship to the child, and the frequency access is required. Wishes of natural parent with respect to access conditions on access order A statement by the natural parent whether or not he or she wishes his or her child to be placed with persons who agree to have his or her wishes for access to the child to be included in an adoption order. The signature of the parent. The signature of an approved counsellor. The date and place where the statement of wishes was signed. _______________ Sch. 7 -- 52 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 49 SCHEDULE 8 Adoption Regulations 1998 Regulation 19 WISHES OF NATURAL PARENT WITH RESPECT TO RECEIPT OF INFORMATION AFTER CONSENT IS GIVEN The full name and date of birth of the natural parent of the child. The address of the natural parent for the delivery of notices. The name and date of birth of the child. A statement by the natural parent that he or she understands that the Director- General or the principal officer must inform him or her of certain things that occur between the time the parent gave consent to the adoption of his or her child and when the adoption order is made. A statement by the natural parent that he or she understands that he or she must be told if the Director-General or principal officer decides not to continue as guardian of his or her child. A statement by the natural parent whether or not he or she wishes to be told— (a) about the end of the time during which he or she can revoke his or her consent to adoption; (b) about the placement of his or her or child with persons who expect to adopt the child; (c) if the child is taken away from the persons who expected to adopt the child because staying with them was not in the child's best interests; (d) if the child dies before an adoption order is made; (e) when an order for the adoption of the child is finally made by the Court. A statement by the natural parent that he or she understands that he or she may change his or her wishes at any time about being told of any of the matters listed in the previous paragraph and that if he or she does change his or her mind, he or she must advise the Director-General or principal officer in writing. The signature of the parent. The signature of an approved counsellor. The date and place where the statement of wishes was signed. _______________ Sch. 8 -- 53 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 50 SCHEDULE 9 Adoption Regulations 1998 Regulations 20 and 29 FORMS OF CONSENT TO THE ADOPTION OF A CHILD FORM 1—GENERAL CONSENT TO ADOPTION The full name of the person giving consent. The address of the person giving consent. The date and place of birth of the person giving consent. The full name of the child. The date of birth of the child. The place of birth of the child. The relationship of the child to the person giving consent. A statement that the person consents to the adoption of the child. A statement that, in giving his or her consent, the person understands that when the Court makes an adoption order— • he or she will lose his or her rights as a parent of the child. • those rights will be transferred to the person or persons who adopt the child. • the child will be treated in law as the child of the person or persons who adopt the child. A statement that the person understands that an adoption agency will make any arrangements needed before an adoption order is made. An authority for the Director-General or the principal officer of the adoption agency (as the case may be) to make these arrangements. A statement by the person that he or she understands that, when all consents that are needed have been given, the Director-General or the principal officer of the adoption agency (as the case may be) will become the guardian of the child. The signature of the person giving consent. The date the consent is signed. _______________ Sch. 9 -- 54 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 51 FORM 2—CONSENT BY PARENT TO CHILD BEING ADOPTED BY SPOUSE OF THE PARENT The full name of person giving consent. The address of the person giving consent. The date and place of birth of the person giving consent. The full name of the child. The date of birth of the child. The place of birth of the child. The relationship of the child to the person giving consent. The full name of the spouse of the person and a statement whether the person is the husband or wife or de facto husband or wife of the spouse. A statement that the person consents to the Court making an adoption order for the child in favour of the person's spouse. A statement that the person consents on the understanding that his or her rights as a parent will not be altered in any way by an adoption order in favour of his or her spouse. A statement that the person understands that an adoption order gives the person and his or her spouse the same rights as parents of the child that both would have if they were married when the child was born. A statement that the person understands that the Court may consider that a guardianship order or custody order or both a guardianship and custody order is more appropriate than an adoption order and that, in these circumstances, the court will not make an adoption order. An authority for the Director-General or the principal officer of the adoption agency (as the case may be) to conduct negotiations, or make arrangements or prepare any reports needed before an adoption order is made. The signature of the person giving consent. _______________ Sch. 9 -- 55 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 52 FORM 3—CONSENT BY PARENT TO CHILD BEING ADOPTED BY THE SPOUSE OF THE OTHER PARENT, OR BY A RELATIVE OF THE CHILD OR BY THE SPOUSE OF A RELATIVE OF THE CHILD The full name of person giving consent. The address of the person giving consent. The date and place of birth of the person giving consent. The full name of the child. The date of birth of the child. The place of birth of the child. The relationship of the child to the person giving consent. A statement that the person consents to the adoption of the child and the full name and the address of the person or persons proposing to adopt the child. A statement identifying the relationship to the child of the person or persons proposing to adopt the child. A statement that, in giving his or her consent, the person understands that when the Court makes an adoption order— • he or she will lose his or her rights as a parent of the child. • those rights will be transferred to the person or persons who adopt the child. • the child will be treated in law as the child of the person or persons who adopt the child. A statement that the person understands that the Court may consider that a guardianship order or custody order or both a guardianship and custody order is more appropriate to the child than an adoption order and that, in these circumstances, the court will not make an adoption order. An authority for the Director-General or the principal officer of the adoption agency (as the case may be) to conduct negotiations, or make arrangements or prepare any reports needed before an adoption order is made. The signature of the person giving consent. _______________ Sch. 9 -- 56 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 53 FORM 4—ADDITIONAL STATEMENTS RELATING TO THE WISHES AND CONDITIONS OF A PARENT WITH RESPECT TO THE ADOPTION OF A CHILD WITHIN THE ABORIGINAL COMMUNITY A statement by the person giving consent that he or she— (a) is of Koorie descent and that the person regards himself or herself as Koorie and is accepted as Koorie by the Koorie community; or (b) is not Koorie but believes that the other parent of the child is of Koorie descent, regards himself or herself as a Koorie and is accepted as a Koorie by the Koorie community. A statement that the person wishes to have his or her child placed for adoption within the Aboriginal community. A statement that the person understands that the Director-General or principal officer of the adoption agency will place his or her child in a placement where— (a) both adoptive parents are of Koorie descent; or (b) one adoptive parent is of Koorie descent; or (c) adoptive parents are not of Koorie descent but are approved by an Aboriginal agency. A statement by the person that he or she understands that the Director-General or principal officer is required to contact him or her if— (a) his or her conditions for access cannot be met; or (b) no suitable adoptive parent or parents are available within the Aboriginal community— and that if the Director-General or principal officer does so contact the person, the date until which he or she will then have to revoke his or her consent to adoption or to change his or her conditions for access. A statement by the person that he or she understands that the Director-General or principal officer is not required to contact him or her if the only suitable adoptive parents are not Aboriginal but are approved as suitable by an Aboriginal agency. A statement by the person that he or she understands that any conditions relating to access by the person, relatives of the child or members of the Aboriginal community will be included as conditions of any adoption order as long as suitable adoptive parents can be found who accept those conditions. A statement of the conditions relating to access to which the consent is subject and in particular— Sch. 9 -- 57 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 54 (a) whether it is a condition of consent that the person giving consent has access to the child and, if so, the periods within which he or she wishes access to occur; (b) whether it is a condition of consent that relatives of the child have access to the child and, if so, the full name, address and relationship of each relative to the child; (c) whether it is a condition of consent that members of the Aboriginal community have access to the child from time to time. The signature of the person giving consent. _______________ Sch. 9 -- 58 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 55 SCHEDULE 10 Adoption Regulations 1998 Regulation 20 PRESCRIBED STATEMENTS OF PERSONS PRESENT WHEN CONSENT IS GIVEN TO AN ADOPTION WITHIN AUSTRALIA PERSON A (These statements are to be signed by a person who is present at the giving of the consent to the adoption and who is one of the following— (a) a "prescribed official of a court" (that is, the Prothonotary or Deputy Prothonotaries of the Supreme Court; the Registrar or Deputy Registrar of the County Court or Assistant Registrars of the Court approved by the Registrar for the purposes of section 34(2) of the Adoption Act 1984; the Registrar of the venues of the Magistrates' Court in the Melbourne metropolitan area authorised for the purposes of the section by the Secretary to the Department of Justice; or the Registrar of the venues of the Magistrates' Court outside the Melbourne metropolitan area); (b) a person declared by Order of the Governor in Council published in the Government Gazette to be an authorised person for the purposes of section 34(2); or (c) in relation to a consent signed in another State or Territory, a person who is the principal administrative officer in that State or Territory or the deputy of such an officer). 1. The full name, address, official position and qualification of the person for signing statement (if different to official position). 2. A statement that, in connection with the consent to adoption of the child to which these statements relate— (a) he or she was present when the person giving consent to the adoption of the child gave consent to the adoption and that he or she observed the consent being given; (b) he or she approved, or did not approve consent being given in a period less than 7 days but greater than 24 hours after counselling and information were given to the person as required by section 35(1)(b) of the Act; Sch. 10 -- 59 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 56 (c) he or she had seen and read the CERTIFICATE OF COMPLIANCE (Schedule 12) signed by— (i) the Director-General or a person assigned the powers of the Director-General under section 35(3) of the Adoption Act 1984; or (ii) the Principal Officer or the Deputy Principal Officer of the adoption agency— certifying that the requirements of the Act and regulations regarding counselling and provision of notices to persons intending to consent to adoption have been complied with; (d) before the person gave consent, he or she discussed with that person the effect of an adoption order and that he or she believed that the person understood the effect of an order; (e) that he or she has given the person giving consent the following documents— (i) a true and completed copy of the person's form of consent to the adoption of his or her child; (ii) a blank copy of a form to enable the consent to the adoption to be revoked (Schedule 18); (iii) a blank copy of a form to enable the period for revoking consent to adoption to be extended (Schedule 17) with the name and address of the adoption agency or the officer of the Department arranging the adoption written on the form. 3. A statement that he or she had explained to the person giving consent the provisions of the Act and regulations and the procedures for extending the period for revoking consent and for revocation of consent and that he or she believes that the person understood those procedures. 4. A statement that he or she is signing these statements in the presence of the person giving consent to adoption and the person approved for the purpose under section 34(1)(a)(ii) of the Act. The signature of the person signing the statements and the date they were signed. PERSON B (These statements are to be signed by a person who is present at the giving of the consent to the adoption and who is one of the following— (a) the counsellor who provided counselling under section 35(1)(a) of the Adoption Act 1984; or Sch. 10 -- 60 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 57 (b) a person other than that counsellor who has been approved for the purpose by or on behalf of the Director-General or by the principal officer of the adoption agency). 1. The full name, address, and official position of the person signing the statements and the qualification for signing statement. 2. A statement that he or she is a person who has, under section 34(1)(a)(ii) of the Act, been approved to be present by the Director-General or the principal officer of an approved adoption agency. 3. A statement that, in connection with the consent to adoption of the child to which these statements relate, he or she was present when the person giving consent to the adoption of the child gave consent to the adoption and that he or she observed the consent being given. 4. A statement that— (i) not less than 7 days; or (ii) where because of the special circumstances approval had been given to a period of less than 7 days but more than 24 hours— before the consent was given, the person giving consent to the adoption was given information about the effect of an adoption order and about the alternatives to adoption available in Victoria. 5. A statement that he or she believes that the person giving consent to adoption understands the effect of adoption and the procedures necessary for him or her to extend the period in which he or she can revoke consent to adoption of the child. 6. A statement that no wishes expressed by the person giving consent about access to or information about the child were recorded at the time before consent was given nor was a schedule of these wishes completed at the time consent was given. 7. A statement that he or she is signing these statements in the presence of the person giving consent to adoption and the person approved under section 34(1)(a)(i) of the Act. The signature of the person signing the statements and the date they were signed. _______________ Sch. 10 -- 61 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 58 SCHEDULE 11 Adoption Regulations 1998 Regulation 20 PRESCRIBED STATEMENTS OF PERSONS PRESENT WHEN CONSENT TO ADOPTION IS GIVEN IN A COUNTRY OTHER THAN AUSTRALIA PERSON A (These statements are to be signed by the Official giving the person consenting to adoption information about adoption) 1. The full name, address, official position and qualification of the person for signing the statements (if different to official position). 2. A statement that, in connection with the consent to adoption of the child to which these statements relate— (a) he or she was present when the person giving consent to the adoption of the child gave consent to the adoption and that he or she observed the consent being given; (b) at the time consent was given, the effects of adoption in Victoria were discussed with the person giving consent; (c) he or she believes that the person understood the effect of an adoption order in Victoria and had given reasonable consideration to alternatives to adoption in Victoria; (d) that the person giving consent was given the following documents— (i) a true and completed copy of the person's form of consent to the adoption of his or her child; (ii) a blank copy of a form to enable the consent to the adoption to be revoked (Schedule 18); (iii) a blank copy of a form to enable the period for revoking consent to adoption to be extended (Schedule 17). 3. A statement that the procedures for revoking consent, and for extending the period for revoking consent had been discussed with the person giving consent and that he or she believes that the person understood those procedures and was aware of the time limits involved. Sch. 11 -- 62 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 59 4. A statement that he or she was signing these statements in the presence of the person giving consent to adoption and another person qualified to be present when a person gives consent to adoption. The signature of the person signing the statements and the date they were signed. PERSON B (These statements are to be signed by the second official present when consent is given to adoption) 1. The full name, address, and official position of the person signing the statements and the qualification for signing the statements. 2. A statement that, in connection with the consent to adoption of the child to which these statements relate, he or she was present when the person giving consent to the adoption of the child gave consent to the adoption and that he or she observed the consent being given. 3. A statement that he or she believed that the person understood the effect of an adoption order in Victoria and had given reasonable consideration to alternatives to adoption in Victoria. 4. A statement that the person giving consent was given the following documents— (i) a true and completed copy of the person's form of consent to the adoption of his or her child; (ii) a blank copy of a form to enable the consent to the adoption to be revoked (Schedule 18); (iii) a blank copy of a form to enable the period for revoking consent to adoption to be extended (Schedule 17). 5. A statement that the procedures for revoking consent, and for extending the period for revoking consent, had been discussed with the person giving consent and that he or she believed that the person understood those procedures and was aware of the time limits involved. 6. A statement that he or she was signing these statements in the presence of the person giving consent to adoption and another person qualified to be present when a person gives consent to adoption. The signature of the person signing the statements and the date they were signed. _______________ Sch. 11 -- 63 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 60 SCHEDULE 12 Adoption Regulations 1998 Regulation 26 Adoption Act 1984 CERTIFICATE OF COMPLIANCE Name of person proposing to consent to adoption: The date of birth of the person giving consent: Address of person giving consent: Name of child: Date of birth of child: Place of birth of child: I, (full name of person signing certificate) of (work address of person signing certificate) being the— *(a) Director-General; *(b) a person assigned the powers and functions of the Director-General for the purpose of section 35 of the Adoption Act 1984 under section 10(2) of the Community Services Act 1970; or *(c) principal officer of the (insert name of adoption agency) Adoption Agency being an approved agency under the Adoption Act 1984— certify that the following requirements have been complied with before the person named in this certificate consented to the adoption of the child named in the certificate. 1. COUNSELLING On (insert date or dates of counselling) the person received counselling from (insert name of counsellor) of (insert address of counsellor) being an approved counsellor under section 5 of the Adoption Act 1984. I approved this counsellor for the purpose of counselling the person under section 35 of that Act. Sch. 12 -- 64 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 61 2. INFORMATION ABOUT EFFECTS OF ADOPTION The counsellor also gave the person information in writing in the prescribed form about the effect of adoption, the alternatives to adoption, and the names and addresses of organisations that provide family support services. The information was given to the person on (insert date) and was discussed with the person on (insert date) and on other occasions. Approval was/was not given by (insert name of person giving approval) for consent to be given by the person during a period less than 7 days but more than 24 hours after the notice was given to the person. 3. RIGHT TO APPLY FOR BIRTH CERTIFICATE The person was given notice in writing that, he or she may, at any time make application subject to and in accordance with the Births Deaths and Marriages Registration Act 1966 for a certified copy of the entry in the Register of Births relating to the child. Signed: Date: Title: (*strike out whichever is inapplicable) _______________ Sch. 12 -- 65 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 62 SCHEDULE 13 Adoption Regulations 1998 Regulation 27 CONSENT OF GUARDIAN OR DELEGATE TO ADOPTION OF NON-CITIZEN CHILD RESIDENT IN VICTORIA The full name and address of the person giving consent. The full name of the child in respect of whom consent is being given. The date and place of birth of the child. The address of the child before travelling to Australia. A statement that the person is either the guardian, or that the person is the delegate of the guardian, of the child under the Immigration (Guardianship of Children) Act 1946 of the Commonwealth. A statement that the person consents to the adoption of the child. A statement that the person has reasonable grounds for believing that the mother of the child, and the father of the child— (a) has, in accordance with the law of the place of residence of the mother or the father of the child, consented to the adoption of the child and that the consent has not been revoked; or (b) has, in accordance with the law of the country where the child resided immediately before travelling to Australia, given consent to the adoption of the child and that consent has not been revoked; or (c) is dead; or (d) after reasonable enquiries have been made, cannot be found; or (e) is the subject of circumstances which would allow for the consent of the mother or father to be dispensed with if that consent was required under the Adoption Act 1984. A statement of the circumstances upon which the person formed his or her belief (including sources of information and documentation and by whom they were verified). The signature of the guardian or delegate of the guardian. The date and place the consent was signed. Sch. 13 -- 66 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 63 The official status of the guardian or delegate. _______________ Sch. 13 -- 67 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 64 SCHEDULE 14 Adoption Regulations 1998 Regulation 28 NOTICE TO PARENT THAT AN ADOPTIVE PLACEMENT CAN NOT BE FOUND FOR A CHILD The name and address of the person to whom the notice is being given. The name of the child in respect of whom consent has been given to adoption and the date of the consent. The name and title of the person giving the notice and the name, address and telephone number of the agency (if relevant). A statement that the person giving the notice has not been able to find a suitable adoptive placement for the child. The issues which need to be considered by the person giving consent including— (a) arrangements for the long-term care of the child; (b) legal guardianship of the child; (c) whether the person should revoke his or her consent to adoption. An invitation to contact the person giving the notice or an approved counsellor to discuss these questions. A statement setting out what happens to the person's consent to adoption as a result of the inability to place the child including a statement that— (a) the person may revoke his or her consent to adoption, the date until which the person may revoke consent and the procedures for revoking consent; (b) the person may do nothing and in that case the date the person's consent to adoption would be automatically cancelled after 140 days; (c) the person or the other parent of the child (or both) may arrange with the person giving notice for the return of the child to his, her or their care and that if the child is returned to the care of one or both parents, the person giving notice will inform the person in writing of the discharge of guardianship under the Act. A statement that— (a) when a consent to adoption is revoked or cancelled, guardianship of the child usually returns to the parents of the child and that this means that Sch. 14 -- 68 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 65 although the parents may not be caring for the child they again have responsibility for making important decisions affecting the welfare of the child; and (b) guardianship of the child would not return to the parents after an adoption consent is revoked or cancelled if there is a court order giving guardianship to another person, such as the Director-General of the Department of Community Services (if the child is a State Ward). A statement setting out the way in which the person may revoke consent and the times within which a revocation of consent must be lodged with the Registrar of the County Court and the address of the Registrar. The signature and title of the person giving the notice and the date of the notice. _______________ Sch. 14 -- 69 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 66 SCHEDULE 15 Adoption Regulations 1998 Regulation 31 NOTICE TO PARENT OF AN ABORIGINAL CHILD OF INABILITY TO PLACE A CHILD UNDER PARENT'S CONDITION The name and address of the person to whom the notice is being given. The name of the child in respect of whom consent has been given to adoption and the date of the consent. The name and title of the person giving the notice and the name, address and telephone number of the agency (if relevant). A statement of the conditions to which the consent to adoption was subject. A statement that the person giving the notice has been unable to find suitable adoptive parents who accept these conditions. An invitation to the person to discuss the matter with the person giving the notice or the person's adoption counsellor or an Aboriginal agency. A statement that, whether or not the person to whom the notice is addressed does make contact, he or she may do one of the following things— (a) change the conditions; or (b) revoke his or her consent; or (c) take no action at all. Changing conditions of access A statement that the person may complete the NOTICE VARYING CONDITION OF CONSENT FOR ADOPTION OF AN ABORIGINAL CHILD (Schedule 16) (which should be attached to the form). A statement that if the form is completed, it must be posted by certified mail or delivered to the Registrar of the County Court. A statement setting out the date by which the form should be posted or delivered to the Registrar and that it cannot be accepted after that date. Revocation of consent A statement that the person may revoke consent either by using the form NOTICE REVOKING CONSENT TO ADOPTION (Schedule 18) or by writing to the Registrar of the County Court giving the person's name and Sch. 15 -- 70 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 67 address and the name and date of birth of the child and saying that the person is the parent of an Aboriginal child, that he or she has consented to the adoption of that child and that he or she is revoking his or her consent to the adoption. A statement that if the form is completed, it must be posted by certified mail or delivered to the Registrar of the County Court, 223 William Street, MELBOURNE, 3000. A statement setting out the date by which the form should be posted or delivered to the Registrar and that it cannot be accepted after that date. Taking no action at all A statement that if the person to, whom the notice is addressed does not change conditions for access by (insert date) or revoke consent to adoption by that date, the person giving the notice can apply to the Court to ask the Court to change the conditions of access to the child or to cancel the conditions for access so that the child may be placed with suitable adoptive parents. A statement that the Court will only change or cancel the conditions of access if it receives a report from an Aboriginal agency, and that the Court must be satisfied that the person giving notice has attempted to find suitable adoptive parents willing to comply with the conditions. A statement that whatever action the person to whom the notice is being given proposes to do, he or she is invited to discuss his or her intentions with an adoption counsellor at the adoption agency. The name, address, and signature of the person giving the notice and the date of the notice. _______________ Sch. 15 -- 71 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 68 SCHEDULE 16 Adoption Regulations 1998 Regulation 31 NOTICE VARYING A CONDITION OF CONSENT TO ADOPTION OF AN ABORIGINAL CHILD The name and address of the person varying the condition of consent to adoption. The date of birth of the person. The name of the child in respect of whom consent was given and the date of the consent. A statement that the person has been advised by the adoption agency arranging for the adoption that it was unable to find prospective adoptive parents who accepted the person's conditions for access to the child. A statement that the person is now changing the conditions for access which the person sought when he or she gave consent to adoption. A statement that he or she understands that the varied conditions will be included in the adoption order when an adoption is finalised by the Court. Access by parent One of the following statements— (a) that he or she still wants the access to his or her child that he or she required when he or she gave consent to adoption; or (b) that he or she still wants no access to his or her child; or (c) that he or she now requires no access at all; or (d) that he or she now requires access every 3 months; or (e) that he or she now requires access every 6 months; or (f) that he or she now requires access at times the adoptive parents and the person agree to by private arrangement; or (g) that he or she now requires access (as specified in the statement). Access by Relatives One of the following statements— (a) that he or she still wants the access by relatives of his or her child that he or she required when he or she gave consent to adoption; or Sch. 16 -- 72 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 69 (b) that he or she still requires no access by relatives of his or her child; or (c) that the person now wants access under the rules for access by relatives under the Adoption Regulations to the relatives (whose names, address and relationship to the child are appended to the notice). Access by Members of the Aboriginal Community One of the following statements— (a) that he or she wants access to his or her child by members of the Aboriginal community; or (b) that he or she still does not require access to his or her child by members of the Aboriginal community; or (c) that he or she now requires access to his or her child by members of the Aboriginal community under the rules for access in the Adoption Regulations. The signature of the person and the date the notice was signed and the signature of an approved adoption counsellor and a witness. _______________ Sch. 16 -- 73 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 70 SCHEDULE 17 Adoption Regulations 1998 Regulation 32 EXTENSION OF PERIOD FOR REVOKING CONSENT TO ADOPTION The name and address of the adoption agency or the officer of the Department arranging the adoption. The name and address of the person extending the period for revoking consent to adoption. The date of birth of the person. The name of the child in respect of whom consent was given. The date that the person consented to the adoption of his or her child. A statement that he or she now extends the period of 28 days in which he or she can revoke consent by another (up to 14) days. The signature of the person and the date the notice was signed. The signature of a witness. _______________ Sch. 17 -- 74 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 71 SCHEDULE 18 Adoption Regulations 1998 Regulation 28 and 33 NOTICE REVOKING CONSENT TO ADOPTION The name and address of the person revoking consent to adoption. The date of birth of the person. The name of the child in respect of whom consent was given. The date that the person consented to the adoption of his or her child. A statement that he or she revokes his or her consent to the adoption of his or her child. The signature of the person and the date the notice was signed. The signature of a witness. _______________ Sch. 18 -- 75 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 72 SCHEDULE 19 Adoption Regulations 1998 Regulation 34 CHILD CARE AGREEMENT—CHILD AWAITING ADOPTION Name of parent or person having custody or guardianship of child: Address: The date of birth of the person: Full name of child: Place of Birth of child: 1. STATEMENT OF PARENT, CUSTODIAN OR GUARDIAN OF CHILD In entering this agreement, I understand that, while the agreement continues, the Director-General or the principal officer of the adoption agency named on this form— * is authorised to place the child with suitable persons or in a suitable place; * will be responsible for ensuring that the child receives proper care; * will make arrangements for financial support for the child; * will make arrangements for access to the child while I continue to have a right of access to the child; * is authorised to sign consents to anaesthetics or surgical operations where there is a serious threat to the health of the child and I cannot be contacted within a reasonable time; * is authorised to consent to the vaccination of the child and to decide such course of vaccination; * will provide me with information about the child from time to time while the agreement continues. I understand that the person or persons caring for the child will have the right to make day to day decisions about the care of the child. 2. LENGTH OF THIS AGREEMENT I understand that this agreement will no longer apply— * if I revoke my consent to the adoption of my child; Sch. 19 -- 76 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 73 * if I withdraw from the agreement at any time; * if a specified date has passed not exceeding 6 months from the day on which this agreement was signed; * if all consents needed for the adoption have been given or the court has decided that any consent is not needed; * if the Director-General or the principal officer of the adoption agency becomes guardian of the child or if for some other reason I no longer have a right to custody or guardianship of the child. 3. EXTENSION OF THIS AGREEMENT I also understand that the agreement cannot be extended unless I agree. 4. AGREEMENT TO DIRECTOR-GENERAL OR PRINCIPAL OFFICER CARING FOR CHILD I consented to the adoption of my child on day of 19 . OR I am considering giving consent to the adoption of my child. I agree to the Director-General of Community Services. OR I agree to the principal officer of adoption agency. exercising my rights and carrying out my responsibilities for the child in the ways described in this agreement for a period of not more than 6 months. Signature of Parent, Custodian or Guardian of Child: Date: STATEMENT OF DIRECTOR-GENERAL OR PRINCIPAL OFFICER OF ADOPTION AGENCY Full name of Official Signing this Agreement: Address: I am the Director-General of Community Services. OR I am a person assigned the functions or powers given to the Director- General under section 45 of the Adoption Act 1984. The Director-General has assigned these functions or powers to me under section 10(2) of the Community Services Act 1970. OR Sch. 19 -- 77 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 74 I am the principal officer/deputy principal officer of adoption agency. I am satisfied that the effect/nature and length of this agreement has been explained by an adoption counsellor, namely (insert full name of counsellor) , to the person entering into this agreement. I agree to exercise the rights and carry out the responsibilities that are described in this agreement. The last day on which the agreement will apply will be the day of , unless it stops applying earlier for any reason set out earlier in this agreement under the heading 'LENGTH OF AGREEMENT'. Signature: Designation: Date signed: Where Signed: (Suburb/Town) (State) _______________ Sch. 19 -- 78 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 75 SCHEDULE 20 Adoption Regulations 1998 Regulation 34 EXTENSION OF CHILD CARE AGREEMENT—CHILD AWAITING ADOPTION Name of parent or person having custody or guardianship of child: The date of birth of the person: Address: Full name of child: Date of birth of child: Place of Birth of child: STATEMENT OF PARENT, CUSTODIAN OR GUARDIAN OF CHILD I entered an agreement with— the Director-General of Community Services OR the principal officer of the adoption agency on the (insert date agreement signed by parent, custodian or guardian) . The agreement authorised the Director-General or principal officer to take responsibility for the day to day care of my child by arranging a suitable placement and making other necessary arrangements. I agree to extend the agreement for another (maximum 6 months) months/weeks. Signature of Parent, Custodian or Guardian of Child: Date: STATEMENT OF DIRECTOR-GENERAL OR PRINCIPAL OFFICER OF ADOPTION AGENCY Full name of Official Signing this Agreement: Address: I am the Director-General of Community Services. OR Sch. 20 -- 79 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 76 I am a person assigned the functions or powers given to the Director- General under section 45 of the Adoption Act 1984. The Director-General has assigned these functions or powers to me under section 10(2) of the Community Services Act 1970. OR I am the principal officer/deputy principal officer of adoption agency. I am satisfied that the effect of the extension of this agreement has been explained by an adoption counsellor, namely (insert full name of counsellor) to the person entering into this agreement. I agree to continue exercising the rights and carrying out the responsibilities accepted in the child care agreement signed by the parent, custodian or guardian of the child on (insert date original agreement was signed by parent, custodian or guardian). The agreement is extended for a period of months/weeks commencing on (insert date being the day after the end of the previous period) . The last day in which the extended agreement will apply will be (insert date) unless the agreement stops applying earlier for any reason given under the heading 'LENGTH OF AGREEMENT' in the original agreement. Signature: Designation: Date: Where Signed: (Suburb/Town) (State) _______________ Sch. 20 -- 80 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 77 SCHEDULE 21 Adoption Regulations 1998 Regulation 36 MEMORANDUM OF AN ADOPTION ORDER DETAILS OF THE CHILD The former registered name or names and family name of the child. The given name or names and the family name of the child. The date and place of birth of the child. The sex of the child. The name of the child under the Adoption Order. DETAILS OF THE ADOPTIVE FATHER (OR FATHER WHERE ADOPTION BY SPOUSE OF THE FATHER) The given name or names and family name of the adoptive father or father. The father's or adoptive father's place of birth and age at the date of birth of the child. The father's or adoptive father's usual occupation. DETAILS OF ADOPTIVE MOTHER (OR MOTHER WHERE ADOPTION BY SPOUSE OF THE MOTHER) The given name or names and family name of the adoptive mother or mother. The adoptive mother's or mother's maiden family name. The adoptive mother's or mother's place of birth and age at the date of birth of the child. The adoptive mother's or mother's usual occupation. DETAILS OF THE RELATIONSHIP OF THE ADOPTIVE PARENT OR PARENTS (AND MOTHER OR FATHER IN THE CASE OF ADOPTION BY SPOUSE OF A PARENT) If married— The date of the marriage of the parent or parents. The place of marriage of the parent or parents. If not married— Sch. 21 -- 81 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 78 The date of commencement of the relationship of the parent or parents. DETAILS OF OTHER CHILDREN OF THE PARENTS (including deceased children and legitimated or legally adopted children and stillborn children if the information is available) The name or names of each child in order of birth. The age (in years) of each child at the time of birth of the child now being registered. DETAILS OF THE INFORMANT (that is, the person signing the report to the Court under section 15 of the Act) The full name of the informant. The address of the informant. DETAILS OF THE ADOPTION ORDER The date of the Adoption Order. The Court and the place where the Order was made. OTHER DETAILS Whether the adoptive parents are related to the child and, if so, the relationship in each case. Whether the Adoption Order is in respect of an Aboriginal Child (Order under section 50 and 59 of the Act) and, if so a statement that the child is a child to whom section 114 of the Act applies and the name of any Aboriginal Agency involved. _______________ Sch. 21 -- 82 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 79 SCHEDULE 22 Adoption Regulations 1998 Regulation 38 APPLICATION FOR COPY OF BIRTH CERTIFICATE To: The Director-General Surname: Given Names: Date of Birth: Address: Phone Number: Home Business I apply for a certified copy of the original entry in the Register of Births made before I was adopted, or a certified copy of my original birth certificate. Signature: Date: ═══════════════ Sch. 22 -- 83 of 84 -- S.R. No. 13/1998 Adoption Regulations 1998 80 NOTES 1 The fees prescribed by this regulation are subject to section 113 of the Act. This section provides that the Director-General or the principal officer of an approved agency may waive or reduce, in a particular case or classes of cases, fees that would otherwise be payable pursuant to this Act to the Director-General or the principal officer, as the case may be. Notes -- 84 of 84 --