Adoption (Amendment) Act 2000

i Adoption (Amendment) Act 2000 Act No. 32/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Principal Act 2 PART 2—HAGUE CONVENTION 3 4. New Part IVA inserted 3 PART IVA—ADOPTIONS UNDER THE HAGUE CONVENTION 3 Division 1—Court Orders and Recognition of Adoptions 3 69A. Adoption of child in Victoria who is to live in a Convention country 3 69B. Adoption in Victoria of a child from a Convention country 4 69C. Issue of adoption compliance certificate 5 69D. Recognition of adoption of a child from a Convention country to Australia 5 69E. Recognition of adoption of a child from a Convention country to another Convention country 6 69F. Effect of recognition of adoption under this Part 7 69G. Evidential value of adoption compliance certificate 7 69H. Order terminating legal relationship between child and parents 8 69I. Refusal to recognise an adoption or an article 27 decision 9 69J. Report on person who wishes to adopt a child in a Convention country 10 Division 2—State Central Authority 10 69K. State Central Authority 10 69L. Functions of State Central Authority 11 69M. Delegation 11 -- 1 of 49 -- Section Page ii Division 3—Accredited bodies 12 69N. Application for accreditation 12 69O. Accreditation 12 69P. Revocation or suspension of accreditation 13 69Q. Effect of suspension or revocation of accreditation 14 69R. Renewal of accreditation 15 69S. Gazettal and notification to Commonwealth of accreditation matters 16 5. Consequential amendments 17 6. New section 65 substituted 18 65. Application of Part 18 7. Further consequential amendments 19 8. New Schedule substituted 20 SCHEDULE 1 20 PART 3—BILATERAL ARRANGEMENTS 35 9. New Part IVB inserted 35 PART IVB—BILATERAL ARRANGEMENTS FOR INTERCOUNTRY ADOPTIONS 35 69T. Definitions 35 69U. Recognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction 36 69V. Effect of recognition of adoption under this Part 36 69W. Refusal to recognise an adoption under this Part 36 69X. Evidential value of adoption certificate 37 69Y. Report on person who wishes to adopt a child in a prescribed overseas jurisdiction 37 10. Consequential amendments 37 PART 4—MISCELLANEOUS AMENDMENTS 39 11. New sections 13 and 13A inserted 39 13. Approval of persons to adopt children 39 13A. Register of approved persons 40 12. New section 14 substituted 41 14. Wishes of child 41 13. Adoption order not to be made unless applicants are approved 41 14. Discharge of adoption orders 42 15. Period of approval of approved agency 43 16. New section 60 substituted 43 60. Variation of orders and conditions 43 17. Consequential amendment of section 107 44 18. Statute law revision 44 -- 2 of 49 -- Section Page iii 19. Repeal of unproclaimed amendment 45 ═══════════════ NOTES 46 -- 3 of 49 -- 1 Adoption (Amendment) Act 2000 † [Assented to 6 June 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to amend the Adoption Act 1984— (a) to give effect to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption; Victoria No. 32 of 2000 -- 4 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 2 (b) to give effect to certain bilateral arrangements for intercountry adoption; (c) to deal with miscellaneous matters. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 January 2002, it comes into operation on that day. 3. Principal Act In this Act, the Adoption Act 1984 is called the Principal Act. _______________ s. 2 No. 10150. Reprint No. 4 as at 7 May 1998. Further amended by Nos 59/1997, 46/1998 (as amended by No. 12/1999) and 52/1998. -- 5 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 3 PART 2—HAGUE CONVENTION 4. New Part IVA inserted After Part IV of the Principal Act insert— "PART IVA—ADOPTIONS UNDER THE HAGUE CONVENTION Division 1—Court Orders and Recognition of Adoptions 69A. Adoption of child in Victoria who is to live in a Convention country (1) A person who— (a) is habitually resident in a Convention country; and (b) wishes to adopt a child who is habitually resident in Victoria— may apply to the Court for an order for the adoption of the child. (2) The Court may make an order for the adoption of a child on an application under sub-section (1) if the requirements of section 15 are satisfied and the Court is satisfied that— (a) the child is in Victoria; and (b) the child is not prevented from leaving Australia— (i) under a law of the Commonwealth, a State or a Territory; or (ii) because of an order of a court of the Commonwealth, a State or a Territory; and s. 4 -- 6 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 4 (c) the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and (d) the Central Authority of the Convention country has agreed to the adoption of the child; and (e) the State Central Authority has agreed to the adoption of the child. (3) For the purposes of a proposed adoption order under this section, a report under section 15 may be made only on behalf of the Secretary or the principal officer of an approved agency that is an accredited body. 69B. Adoption in Victoria of a child from a Convention country (1) A person who— (a) is habitually resident in Victoria; and (b) wishes to adopt a child who is habitually resident in a Convention country— may apply to the Court for an order for the adoption of the child. (2) The Court may make an order for the adoption of a child on an application under sub-section (1) if the requirements of sections 15 and 51 are satisfied and the Court is satisfied that— (a) the child is in Victoria; and (b) the child is not prevented from residing permanently in Australia— s. 4 -- 7 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 5 (i) under a law of the Commonwealth, a State or a Territory; or (ii) because of an order of a court of the Commonwealth, a State or a Territory; and (c) the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and (d) the Central Authority of the Convention country has agreed to the adoption of the child; and (e) the State Central Authority has agreed to the adoption of the child. (3) For the purposes of a proposed adoption order under this section— (a) a report under section 15 may be made only on behalf of the Secretary or the principal officer of an approved agency that is an accredited body; (b) a reference in section 51 to an authorized agency is a reference to an accredited body. 69C. Issue of adoption compliance certificate If the Court has made an order for the adoption of a child under section 69A or 69B, the State Central Authority may issue an adoption compliance certificate. 69D. Recognition of adoption of a child from a Convention country to Australia s. 4 -- 8 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 6 (1) Subject to this section, an adoption in a Convention country— (a) of a child who is habitually resident in a Convention country; and (b) by a person who is habitually resident in Australia— is recognised if an adoption compliance certificate issued in that country is in force for the adoption. (2) An adoption recognised under sub-section (1) is effective on and from the day the adoption compliance certificate becomes effective. (3) Sub-section (1) does not apply if— (a) a declaration is made under section 69I(2)(a); or (b) a declaration is made under a law of the Commonwealth or of another State or a Territory that corresponds to section 69I(2)(a). 69E. Recognition of adoption of a child from a Convention country to another Convention country Subject to section 69I, if— (a) a child, who is habitually resident in a Convention country, is adopted by a person who is habitually resident in another Convention country; and (b) an adoption compliance certificate issued in the Convention country in which the adoption is granted is in force for the adoption— s. 4 -- 9 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 7 the adoption is recognised with effect on and from the day the certificate becomes effective. 69F. Effect of recognition of adoption under this Part (1) Subject to this section, if the adoption of a child is recognised under section 69D or 69E, then, for the purposes of the laws of Victoria, the adoption has the same effect as an adoption order under this Act1 . (2) If the laws of the Convention country where the adoption was granted do not provide that the adoption of the child terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child's parents, section 53(1)(b) does not apply to the adoption unless— (a) an order is made under section 69H or under a law of the Commonwealth or of another State or a Territory that corresponds to section 69H; or (b) a decision is made in a Convention country to convert the adoption in accordance with article 27 of the Convention. (3) Sub-section (2)(b) does not apply if a declaration is made under section 69I(2)(b) or under a law of the Commonwealth or of another State or a Territory that corresponds to section 69I(2)(b). 69G. Evidential value of adoption compliance certificate s. 4 -- 10 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 8 Subject to section 69I, an adoption compliance certificate is evidence, for the laws of Victoria, that the adoption to which the certificate relates— (a) was agreed to by the Central Authorities of the countries mentioned in the certificate; and (b) was carried out in accordance with the Hague Convention and the laws of the countries mentioned in the certificate. 69H. Order terminating legal relationship between child and parents (1) If— (a) a child who was or is habitually resident in a Convention country was adopted in a Convention country; and (b) the adoption was by a person who is habitually resident in Victoria; and (c) the laws of the Convention country do not provide that the adoption of the child terminates the legal relationship between the child and the persons who were, immediately before the adoption, the child's parents— any of the parties to the adoption may apply to the Court for an order that the adoption of the child terminates the legal relationship between the child and the persons who were, immediately before the adoption, the child's parents. (2) The Court may make an order on an application under sub-section (1) if satisfied that— s. 4 -- 11 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 9 (a) an adoption compliance certificate issued in the Convention country is in force for the adoption; and (b) the laws of the Convention country do not provide that the adoption of a child terminates the legal relationship between the child and the persons who were, immediately before the adoption, the child's parents; and (c) the child is allowed— (i) to enter Australia; and (ii) to reside permanently in Australia. 69I. Refusal to recognise an adoption or an article 27 decision (1) If the State Central Authority considers that— (a) an adoption recognised under section 69D or 69E; or (b) a decision made in accordance with article 27 of the Hague Convention— is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates, the State Central Authority may apply to the Court for a declaration that the adoption or decision is not recognised. (2) The Court may make a declaration on an application under sub-section (1) if satisfied that— (a) an adoption recognised under section 69D or 69E; or (b) a decision made in accordance with article 27 of the Hague Convention— s. 4 -- 12 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 10 is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates. (3) If a court declares that an adoption or decision is not recognised, the adoption or decision has no effect in Victoria. (4) The State Central Authority must give the Commonwealth Central Authority written notice of each application under sub-section (1) and the reasons for making it as soon as practicable after it is made. (5) The State Central Authority must give the Commonwealth Central Authority written notice of the Court's determination of each application under sub-section (1). 69J. Report on person who wishes to adopt a child in a Convention country (1) If a person— (a) wishes to adopt a child in a Convention country; and (b) is on the register of approved persons kept under section 13A by the Secretary or the principal officer of an approved agency— the State Central Authority or an accredited body must prepare a report that complies with article 15 of the Hague Convention. (2) The State Central Authority must send each report prepared under sub-section (1) to the Central Authority of the Convention country. Division 2—State Central Authority 69K. State Central Authority s. 4 -- 13 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 11 (1) The Secretary is appointed to be the Central Authority for the State of Victoria for the purposes of article 6.2 of the Hague Convention. (2) The Secretary must advise the Commonwealth Central Authority that the Secretary is the State Central Authority and the address and functions of the State Central Authority. (3) As soon as practicable after a change to the address or functions of the State Central Authority, the Secretary must advise the Commonwealth Central Authority of the change. 69L. Functions of State Central Authority (1) Subject to sub-section (2), the State Central Authority, in Victoria— (a) has all the duties of a Central Authority under the Hague Convention; and (b) may exercise all of the powers of a Central Authority under the Hague Convention. (2) The functions of the State Central Authority do not include any functions that are functions of the Commonwealth Central Authority under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth. 69M. Delegation The State Central Authority may, by instrument, delegate any power or function of the State Central Authority, other than this power of delegation, to any employee or class of employee in the Department of which the Secretary is department head. s. 4 -- 14 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 12 Division 3—Accredited bodies 69N. Application for accreditation (1) An approved agency, or an organization that has applied for approval as an approved agency, may apply to the State Central Authority for accreditation as an accredited body for the purposes of the Hague Convention. (2) An application must— (a) contain the prescribed information; and (b) nominate a person to be the principal officer of the accredited body for the purposes of this Act. 69O. Accreditation (1) The State Central Authority may accredit a body on an application under section 69N if satisfied that— (a) the body is an approved agency or will be granted approval as an approved agency; and (b) the body complies with— (i) the criteria specified in articles 10 and 11 of the Hague Convention; and (ii) any other prescribed criteria. (2) Accreditation under this section is subject to the following conditions— (a) that the accredited body— (i) submit to the supervision of the State Central Authority; and (ii) allow the State Central Authority access, as required by the State s. 4 -- 15 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 13 Central Authority, to the records of the accredited body; and (b) that the accredited body report to the State Central Authority at six-monthly intervals, as determined by the State Central Authority, on the performance of its functions as an accredited body; and (c) that the accredited body and each of its staff members comply with the prescribed code of conduct; and (d) any other conditions imposed on the accreditation by the State Central Authority. (3) An accredited body has— (a) the duties and powers specified in the Hague Convention for an accredited body that are imposed or conferred on it from time to time by the State Central Authority; and (b) any other duties and powers imposed or conferred on it by this Act or the regulations. (4) An accreditation under this section has effect for the period, not exceeding 3 years, determined by the State Central Authority, unless sooner revoked under section 69P. 69P. Revocation or suspension of accreditation (1) The State Central Authority may suspend for a specified period or revoke the accreditation of an accredited body— (a) at the request of the accredited body; or s. 4 -- 16 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 14 (b) if the body's approval as an approved agency is suspended or revoked under section 24; or (c) if the body breaches a condition of the accreditation; or (d) if the body ceases to comply with any of the criteria referred to in section 69O(1)(b). (2) The State Central Authority suspends or revokes accreditation by giving written notice of the suspension or revocation to the principal officer of the accredited body. 69Q. Effect of suspension or revocation of accreditation (1) If the accreditation of an accredited body is suspended or revoked— (a) all records and other documents held by it or under its control relating to the arrangement or negotiation of adoptions shall become the property of the State Central Authority or, with the approval of the State Central Authority where the body has entered into an agreement with an accredited body that the accredited body be the successor of the body, of that accredited body; (b) if the principal officer of the first- mentioned body was, immediately before the suspension or revocation, the guardian of a child under this Act, the State Central Authority or principal officer of the accredited body that is the successor of the first-mentioned body, as the case may be, becomes the s. 4 -- 17 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 15 guardian of that child upon the suspension or revocation; (c) the arrangements or negotiations being undertaken by the first-mentioned body immediately before the suspension or revocation shall be continued by the State Central Authority or principal officer of the accredited body that is the successor of the first-mentioned body, as the case may be. (2) On the expiration of a period of suspension of the accreditation of an accredited body— (a) the State Central Authority may return to the accredited body any documents and records that, under sub- section (1)(a), became the property of the State Central Authority upon the suspension; and (b) the State Central Authority may authorize the accredited body to continue such arrangements and negotiations being undertaken by the State Central Authority as the State Central Authority thinks fit, being arrangements or negotiations that, but for the suspension, would have been carried on by the accredited body. 69R. Renewal of accreditation (1) An accredited body may apply for renewal of its accreditation. (2) The State Central Authority may renew the accreditation of a body on an application under sub-section (1) as if it were an application under section 69N. s. 4 -- 18 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 16 69S. Gazettal and notification to Commonwealth of accreditation matters (1) The State Central Authority must publish notice in the Government Gazette of each of the following— (a) an application under section 69N for accreditation; (b) an accreditation under section 69O; (c) an application under section 69R(1) for renewal of accreditation; (d) a renewal of accreditation under section 69R(2); (e) a suspension or revocation of accreditation under section 69P. (2) As soon as practicable after accrediting a body under section 69O or renewing the accreditation of a body under section 69R, the State Central Authority must give the Commonwealth Central Authority written notice of— (a) the name, address, duties and powers of the accredited body; and (b) the conditions of the accreditation or renewal. (3) As soon as practicable after a change to the name, address, duties or powers of an accredited body, the State Central Authority must give the Commonwealth Central Authority written notice of the change. (4) As soon as practicable after a change to the conditions of an accreditation, the State Central Authority must give the Commonwealth Central Authority written notice of the change. s. 4 -- 19 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 17 (5) As soon as practicable after the State Central Authority suspends or revokes the accreditation of a body under section 69P, the State Central Authority must give the Commonwealth Central Authority written notice of the suspension or revocation.". 5. Consequential amendments (1) In section 4(1) of the Principal Act, insert the following definitions— ' "accredited body" means a body accredited under section 69O as an accredited body for the purposes of the Hague Convention; "adoption compliance certificate" means a certificate issued in accordance with article 23 of the Hague Convention; "Central Authority" means a person or office designated for a Convention country under article 6 of the Hague Convention; "Commonwealth Central Authority" has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth2 ; "Convention country" means, subject to article 45 of the Hague Convention— (a) a country specified in column 2 in Schedule 2 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth3 ; and (b) any other country for which the Convention has entered into force4 , other than— (i) Australia; and s. 5 -- 20 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 18 (ii) a country against whose accession Australia has raised an objection under article 44 of the Convention; "Hague Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993, a copy of the English text of which is set out in Schedule 1; "State Central Authority" has the meaning given in section 69K;'. (2) In section 7 of the Principal Act, after sub-section (2) insert— "(3) This section does not apply in respect of an order for the adoption of a child under Division 1 of Part IVA.". (3) In section 20 of the Principal Act, after sub-section (3) insert— "(4) Nothing in sub-section (3) prevents the doing of anything required or authorised to be done by the Hague Convention.". 6. New section 65 substituted For section 65 of the Principal Act substitute— "65. Application of Part (1) In this Part, a reference to a country includes a reference to a part of a country but does not include a reference to a Convention country. (2) Despite sub-section (1), sections 67, 68 and 69 continue to apply, in relation to a country that is a Convention country, in respect of adoptions in that country that took place before the commencement of section 6 of the Adoption (Amendment) Act 2000.". s. 6 -- 21 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 19 7. Further consequential amendments (1) In section 66 of the Principal Act— (a) omit "or in New Zealand"; (b) for ", Territory or country" (where twice occurring) substitute "or Territory". (2) At the end of section 66 of the Principal Act insert— "(2) This section, as in force immediately before the commencement of section 7 of the Adoption (Amendment) Act 2000, continues to apply in respect of the adoption of a person in New Zealand before that commencement.". (3) In section 72 of the Principal Act, after "Part IV" insert "or Part IVA". (4) In section 112(1) and 113 of the Principal Act, after "approved agency" insert "or accredited body". (5) In section 115 of the Principal Act, after sub-section (3) insert— "(4) Nothing in this section prevents the doing of anything required or authorised to be done by or under the Hague Convention.". (6) In section 129A(1) of the Principal Act, after paragraph (b) insert— "; or (c) the State Central Authority— (i) refusing to accredit a body as an accredited body; or (ii) suspending or revoking the accreditation of an accredited body; or s. 7 -- 22 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 20 (iii) refusing to renew the accreditation of an accredited body.". (7) After section 130(k) of the Principal Act insert— "(l) all matters that are necessary or convenient for giving effect to the Hague Convention, including— (i) criteria for the accreditation of accredited bodies; (ii) a code of conduct for an accredited body and its staff members;". 8. New Schedule substituted For the Schedule to the Principal Act substitute— 'SCHEDULE 1 Section 4(1) CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION THE STATES SIGNATORY TO THE PRESENT CONVENTION, RECOGNIZING that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, RECALLING that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin, RECOGNIZING that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin, CONVINCED of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children, DESIRING to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the s. 8 -- 23 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 21 United Nations Convention on the Rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85, of 3 December 1986), HAVE AGREED upon the following provisions— CHAPTER 1—SCOPE OF THE CONVENTION Article 1 The objects of the present Convention are— a to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law; b to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children; c to secure the recognition in Contracting States of adoptions made in accordance with the Convention. Article 2 1. The Convention shall apply where a child habitually resident in one Contracting State ("the State of origin") has been, is being, or is to be moved to another Contracting State ("the receiving State") either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin. 2. The Convention covers only adoptions which create a permanent parent- child relationship. Article 3 The Convention ceases to apply if the agreements mentioned in Article 17, sub-paragraph c have not been given before the child attains the age of eighteen years. CHAPTER II—REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS Article 4 s. 8 s. 8 -- 24 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 22 An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin— a have established that the child is adoptable; b have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child's best interests; c have ensured that (1) the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin, (2) such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing, (3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and (4) the consent of the mother, where required, has been given only after the birth of the child; and d have ensured, having regard to the age and degree of maturity of the child, that (1) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required, (2) consideration has been given to the child's wishes and opinions, (3) the child's consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and (4) such consent has not been induced by payment or compensation of any kind. Article 5 An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State— a have determined that the prospective adoptive parents are eligible and suited to adopt; b have ensured that the prospective adoptive parents have been counselled as may be necessary; and -- 25 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 23 c have determined that the child is or will be authorized to enter and reside permanently in that State. CHAPTER III—CENTRAL AUTHORITIES AND ACCREDITED BODIES Article 6 1. A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. 2. Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State. Article 7 1. Central Authorities shall co-operate with each other and promote co- operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention. 2. They shall take directly all appropriate measures to— a provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms; b keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application. Article 8 Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention. Article 9 Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to— s. 8 -- 26 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 24 a collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption; b facilitate, follow and expedite proceedings with a view to obtaining the adoption; c promote the development of adoption counselling and post-adoption services in their States; d provide each other with general evaluation reports about experience with intercountry adoption; e reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation. Article 10 Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted. Article 11 An accredited body shall— a pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation; b be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and c be subject to supervision by competent authorities of that State as to its composition, operation and financial situation. Article 12 A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so. Article 13 The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. s. 8 -- 27 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 25 CHAPTER IV—PROCEDURAL REQUIREMENTS IN INTERCOUNTRY ADOPTION Article 14 Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence. Article 15 1. If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care. 2. It shall transmit the report to the Central Authority of the State of origin. Article 16 1. If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall— a prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child's family, and any special needs of the child; b give due consideration to the child's upbringing and to his or her ethnic, religious and cultural background; c ensure that consents have been obtained in accordance with Article 4; and d determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child. 2. It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed. Article 17 Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if— s. 8 -- 28 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 26 a the Central Authority of that State has ensured that the prospective adoptive parents agree; b the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin; c the Central Authorities of both States have agreed that the adoption may proceed; and d it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State. Article 18 The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State. Article 19 1. The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied. 2. The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents. 3. If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them. Article 20 The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required. Article 21 1. Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child's best interests, such Central Authority shall take the measures necessary to protect the child, in particular— s. 8 -- 29 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 27 a to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care; b in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents; c as a last resort, to arrange the return of the child, if his or her interests so require. 2. Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article. Article 22 1. The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State. 2. Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who— a meet the requirements of integrity, professional competence, experience and accountability of that State; and b are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption. 3. A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons. 4. Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1. 5. Notwithstanding any declaration made under paragraph 2, the reports provide for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1. s. 8 -- 30 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 28 CHAPTER V—RECOGNITION AND EFFECTS OF THE ADOPTION Article 23 1. An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph c, were given. 2. Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities. Article 24 The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child. Article 25 Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognize adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2. Article 26 1. The recognition of an adoption includes recognition of— a the legal parent-child relationship between the child and his or her adoptive parents; b parental responsibility of the adoptive parents for the child; c the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made. 2. In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognized, s. 8 -- 31 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 29 rights equivalent to those resulting from adoptions having this effect in each such State. 3. The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption. Article 27 1. Where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognizes the adoption under the Convention, be converted into an adoption having such an effect— a if the law of the receiving State so permits; and b if the consents referred to in Article 4, sub-paragraphs c and d, have been or are given for the purpose of such an adoption. 2. Article 23 applies to the decision converting the adoption. CHAPTER VI—GENERAL PROVISIONS Article 28 The Convention does not affect any law of a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibits the child's placement in, or transfer to, the receiving State prior to adoption. Article 29 There shall be no contact between the prospective adoptive parents and the child's parents or any other person who has care of the child until the requirements of Article 4, sub-paragraphs a to c, and Article 5, sub-paragraph a, have been met, unless the adoption takes place within a family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin. Article 30 1. The competent authorities of a Contracting State shall ensure that information held by them concerning the child's origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved. 2. They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State. Article 31 s. 8 -- 32 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 30 Without prejudice to Article 30, personal data gathered or transmitted under the Convention, especially data referred to in Articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted. Article 32 1. No one shall derive improper financial or other gain from an activity related to an intercountry adoption. 2. Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid. 3. The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered. Article 33 A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken. Article 34 If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents. Article 35 The competent authorities of the Contracting States shall act expeditiously in the process of adoption. Article 36 In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units— a any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State; b any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit; c any reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit; d any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit. s. 8 -- 33 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 31 Article 37 In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State. Article 38 A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so. Article 39 1. The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument. 2. Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention. Article 40 No reservation to the Convention shall be permitted. Article 41 The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin. Article 42 The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention. CHAPTER VII—FINAL CLAUSES Article 43 s. 8 s. 8 -- 34 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 32 1. The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session. 2. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention. Article 44 1. Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1. 2. The instrument of accession shall be deposited with the depositary. 3. Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary. Article 45 1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. 2. Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. 3. If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State. Article 46 1. The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43. 2. Thereafter the Convention shall enter into force— a for each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration -- 35 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 33 of three months after the deposit of its instrument of ratification, acceptance, approval or accession; b for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article. Article 47 1. A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. 2. The denunciation takes effect on the first day of the month following the expirations of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary. Article 48 The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following— a the signatures, ratifications, acceptances and approvals referred to in Article 43; b the accessions and objections raised to accessions referred to in Article 44; c the date on which the Convention enters into force in accordance with Article 46; d the declarations and designations referred to in Articles 22, 23, 25 and 45; e the agreements referred to in Article 39; f the denunciations referred to in Article 47. IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention. DONE at The Hague, on the 29th day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.'. s. 8 s. 8 -- 36 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 34 _______________ -- 37 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 35 PART 3—BILATERAL ARRANGEMENTS 9. New Part IVB inserted Before Part V of the Principal Act insert— 'PART IVB—BILATERAL ARRANGEMENTS FOR INTERCOUNTRY ADOPTIONS 69T. Definitions In this Part— "adoption authority" means a person, body or office in a prescribed overseas jurisdiction responsible for approving the adoption of children; "adoption certificate", in relation to an adoption, means a document issued by an adoption authority in the prescribed overseas jurisdiction in which the child to whom the document relates was habitually resident before being adopted, stating that— (a) the adoption took place in accordance with the laws of that jurisdiction; and (b) the Secretary, or a person or a delegate of a person whose functions in another State or a Territory correspond with those of the Secretary under this Act, agreed that the adoption may proceed; "prescribed overseas jurisdiction" means a country, or part of a country, prescribed as an overseas jurisdiction for the purposes of this Part. s. 9 -- 38 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 36 69U. Recognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction (1) Subject to section 69W, an adoption in a prescribed overseas jurisdiction of a child who is habitually resident in that jurisdiction by a person who is habitually resident in Australia is recognised if— (a) the adoption is granted in accordance with the laws of that prescribed overseas jurisdiction; and (b) an adoption certificate is in force in relation to the adoption. (2) An adoption that is recognised under sub- section (1) is effective on and from the date that the adoption takes effect in the prescribed overseas jurisdiction. 69V. Effect of recognition of adoption under this Part Subject to section 69W, if the adoption of a child is recognised under section 69U, then, for the purposes of the laws of Victoria, the adoption has the same effect as an adoption order under this Act5 . 69W. Refusal to recognise an adoption under this Part (1) If the Secretary considers that an adoption recognised under section 69U is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption relates, the Secretary may apply to the Court for a declaration that the adoption is not recognised. (2) The Court may make a declaration on an application under sub-section (1) if satisfied s. 9 -- 39 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 37 that the adoption is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption relates. (3) If a court declares that an adoption is not recognised, the adoption has no effect in Victoria. 69X. Evidential value of adoption certificate An adoption certificate is evidence, for the laws of Victoria, that the adoption to which the certificate relates was carried out in accordance with the laws of the prescribed overseas jurisdiction whose adoption authority issued the certificate. 69Y. Report on person who wishes to adopt a child in a prescribed overseas jurisdiction If a person— (a) wishes to adopt a child in a prescribed overseas jurisdiction; and (b) is on the register of approved persons kept under section 13A by the Secretary or the principal officer of an approved agency— the Secretary or principal officer may send an assessment report on the person to the adoption authority of the prescribed overseas jurisdiction.'. 10. Consequential amendments (1) In section 65(1) of the Principal Act, after "Convention country" insert "or a prescribed overseas jurisdiction within the meaning of Part IVB". (2) In section 65 of the Principal Act, after sub-section (2) insert— s. 10 s. 10 -- 40 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 38 "(3) Despite sub-section (1), sections 67, 68 and 69 continue to apply, in relation to a country that is a prescribed overseas jurisdiction within the meaning of Part IVB, in respect of adoptions in that country that took place before the commencement of section 10 of the Adoption (Amendment) Act 2000.". _______________ -- 41 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 39 PART 4—MISCELLANEOUS AMENDMENTS 11. New sections 13 and 13A inserted After section 12 of the Principal Act insert— "13. Approval of persons to adopt children (1) Persons capable of making an application under section 10A(a) for an adoption order under section 11 may apply to the Secretary or the principal officer of an approved agency for approval as fit and proper persons to adopt a child. (2) An application is to be made in accordance with the regulations. (3) The Secretary or the principal officer of an approved agency may approve applicants under sub-section (1) as fit and proper persons to adopt a child if the applicants satisfy the prescribed requirements relating to approval of applicants. (4) Subject to sub-section (5), the Secretary or the principal officer of an approved agency may revoke an approval given by the Secretary or principal officer (as the case requires) under sub-section (3). (5) The Secretary or the principal officer of an approved agency must not refuse, or defer the making of a decision on, an application for approval or revoke an approval, unless the Secretary or principal officer has— (a) notified the applicant or approved person (as the case requires) in writing of the reasons for the refusal, deferment or revocation; and s. 11 -- 42 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 40 (b) given the applicant or approved person a reasonable opportunity to make a written or oral submission to the Secretary or principal officer. 13A. Register of approved persons (1) The Secretary must— (a) keep a register of persons who have been approved by the Secretary under section 13 as fit and proper persons to adopt a child; and (b) keep a record of persons— (i) whose application for approval has been refused by the Secretary; or (ii) whose application for approval has been deferred by the Secretary; or (iii) whose approval has been revoked by the Secretary. (2) The principal officer of an approved agency must— (a) keep a register of persons who have been approved by the principal officer under section 13 as fit and proper persons to adopt a child; and (b) keep a record of persons— (i) whose application for approval has been refused by the principal officer; or (ii) whose application for approval has been deferred by the principal officer; or s. 11 -- 43 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 41 (iii) whose approval has been revoked by the principal officer. Penalty: 5 penalty units.". 12. New section 14 substituted For section 14 of the Principal Act substitute— "14. Wishes of child (1) Subject to this Division, an order for the adoption of a child shall not be made unless the Court is satisfied that— (a) at least 28 days before the day on which the adoption order is to be made the child received counselling from an approved counsellor as to the effects of the adoption; and (b) as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child. (2) Sub-section (1)(a) does not apply if the Court is satisfied that counselling is inappropriate having regard to the age and understanding of the child. (3) A person who has given counselling to a child under sub-section (1)(a) must provide a written report to the Court.". 13. Adoption order not to be made unless applicants are approved In section 15(1)(a) of the Principal Act, after "applicants" (where secondly occurring) insert "and, except in the case of an order referred to in s. 12 -- 44 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 42 section 12, the applicants have been approved under section 13;". 14. Discharge of adoption orders (1) In section 19(5) of the Principal Act, after "adoption" (where secondly occurring) insert "order". (2) In section 19 of the Principal Act, after sub-section (5) insert— "(5A) The Court shall not make an order for the discharge of an adoption order unless the Court is satisfied that the welfare and interests of the child would be promoted by the discharge of the adoption order.". (3) In section 19 of the Principal Act, after sub-section (8) insert— "(9) The Court may allow any of the following persons to appear and to address the Court (either personally or by a legal practitioner) at the hearing of an application for the discharge of an order for the adoption of a child— (a) the child; (b) a natural parent of the child; (c) an adoptive parent of the child; (d) the Secretary; (e) if the adoption was arranged by an adoption agency, the principal officer of that agency; (f) any other person whom the Court determines has a sufficient interest in the matter.". s. 14 -- 45 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 43 15. Period of approval of approved agency In section 25 of the Principal Act, for "three years or, where a longer period is prescribed, that longer period" substitute "the period, not exceeding 3 years, determined by the Secretary". 16. New section 60 substituted For section 60 of the Principal Act substitute— "60. Variation of orders and conditions (1) Where the Court is satisfied that it is in the best interests of the welfare of an adopted child that the adoption order for the child should be varied so as to be subject to a condition referred to in section 59 or 59A, the Court shall, on application under this section, vary the adoption order so that it is subject to the condition. (2) Where the Court is satisfied that it is in the best interests of the welfare of an adopted child that a condition referred to in section 59 or 59A to which the adoption order is subject be varied or revoked, the Court shall, on application under this section, by order vary or revoke the condition. (3) An application under this section may be made— (a) by an adoptive parent of the adopted child; or (b) by a parent who gave consent to the adoption of the child; or (c) by or on behalf of the adopted child. s. 15 -- 46 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 44 (4) An application under this section must be accompanied by a report from an approved counsellor. (5) An order cannot be made under this section so as to grant a person a right of access, or greater rights of access, to an adopted child unless— (a) the adoptive parent or, where there are two adoptive parents, both adoptive parents agree; and (b) the Court is satisfied that, as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child. (6) In addition to the requirements of this section, an order cannot be made under sub-section (1) unless the requirements of section 59 or 59A (as the case requires) for the imposition of the relevant condition are satisfied.". 17. Consequential amendment of section 107 After section 107(1) of the Principal Act insert— "(1A) Sub-section (1) does not exclude a person referred to in section 19(9) or their legal practitioners or representatives from the hearing of an application for discharge of an adoption order.". 18. Statute law revision In section 3 of the Principal Act, sub-sections (1), (2) and (6) are repealed. s. 17 -- 47 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 45 19. Repeal of unproclaimed amendment In Schedule 2 to the Children and Young Persons Act 1989, item 1.1 is repealed. ═══════════════ s. 19 No. 56/1989. Reprint No. 5 as at 1 July 1998. Further amended by Nos 10/1999, 12/1999 and 19/1999. -- 48 of 49 -- Act No. 32/2000 Adoption (Amendment) Act 2000 46 NOTES † Minister's second reading speech— Legislative Council: 12 April 2000 Legislative Assembly: 3 May 2000 The long title for the Bill for this Act was "to amend the Adoption Act 1984 to give effect to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and to certain bilateral arrangements for intercountry adoption and for other purposes." 1 Section 53 and subsequent sections provide for the effect of adoption orders. 2 Regulation 5 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth provides that the Secretary to the Commonwealth Attorney-General's Department is the Commonwealth Central Authority. 3 As at 1 June 2000, these countries are: Andorra, Burkina Faso, Canada (extending only to the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Prince Edward Island, Saskatchewan and the Yukon Territory), Colombia, Costa Rica, Cyprus, Denmark, Ecuador, Finland, France, Lithuania, Mexico, Moldova, Norway, Paraguay, Peru, Philippines, Poland, Romania, Spain, Sri Lanka, Sweden, The Netherlands, Venezuela, Mauritius, New Zealand, Burundi, El Salvador, Israel, Brazil, Georgia, Austria and Chile. 4 As at 1 June 2000, Convention countries within the meaning of paragraph (b) of the definition are Panama, Monaco, Italy, Iceland and the Czech Republic. Mongolia will become such a country on 1 August 2000. 5 See note 1. Notes -- 49 of 49 --