Australian Capital Territory
Adoption Amendment Act 2009 (No 2)
A2009-36
    
Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Long title	2
	5	Section 6	3
	6	Division 3.1	6
	7	Division 3.2	10
	8	Section 27	11
	9	General or limited consents 
Section 29 (3) (d)	12
	10	Revocation of consent
Section 31 (1) (a)	12
	11	Section 31 (1) (b)	12
	12	Access during revocation period
Section 32 (2)	13
	13	Defective consents 
Section 34 (3)	13
	14	Dispensing with consent
Section 35 (1), note	13
	15	New division 3.4	14
	16	New division 3.5 heading	16
	17	Sections 36 and 37	16
	18	Review of status of child released for adoption
Section 39 (2)	18
	19	New division 3.6	19
	20	Division 3.3	27
	21	Amendment of adoption condition
Section 41 (1)	28
	22	Division 3.4	28
	23	General effect 
Section 43 (1) and (2)	28
	24	Section 45	29
	25	Distribution of property by trustee or personal representative
Section 47 (2)	31
	26	Division 3.5	31
	27	Making of order
Section 50 (2)	32
	28	Part 4	32
	29	Definitions—pt 5
Section 58, definitions of associated person, birth parent, birth relative and identifying information	44
	30	Section 59	45
	31	Confidentiality of records
Section 60 (1) (c)	46
	32	Records of adoptions
Section 61 (3)	46
	33	Restriction on entitlement to apply
Section 68 (1)	46
	34	Section 68 (2) (a)	47
	35	Section 68 (3)	47
	36	Section 68 (4) (a)	47
	37	Section 68 (4) (b) and (5)	47
	38	Section 68 (7)	48
	39	Section 70	48
	40	Section 71	49
	41	Counselling services
Section 72, new note	50
	42	Section 73	50
	43	Birth details of adopted person born overseas
Section 74	51
	44	Section 74	51
	45	Section 74	51
	46	Section 77 heading	52
	47	Section 77 (1)	52
	48	Interfering with upbringing of child 
Section 91 (b)	52
	49	Registration of orders
Section 104 (2) (b)	52
	50	Particulars of interstate orders
Section 106	53
	51	New section 108A	53
	52	Contents of reports not to be disclosed 
Section 113	54
	53	Regulation-making power
Section 121 (2) (d)	54
	54	New part 20	55
	55	New schedule 1	57
	56	Dictionary, note 2	75
	57	Dictionary, definition of Aboriginal child	76
	58	Dictionary, new definition of Aboriginal or Torres Strait Islander child or young person	76
	59	Dictionary, definition of Aborigine	76
	60	Dictionary, new definition of adoption compliance certificate	76
	61	Dictionary, definition of adoption order	77
	62	Dictionary, new definition of central authority	77
	63	Dictionary, definition of child	77
	64	Dictionary, new definitions	77
	65	Dictionary, definition of country	78
	66	Dictionary, definition of guardian, paragraph (c)	78
	67	Dictionary, new definition of intercountry adoption	78
	68	Dictionary, new definitions	79
	69	Dictionary, new definition of register of suitable people	79
	70	Dictionary, definition of responsible person	79
	71	Dictionary, new definitions	80
	72	Further amendments, mentions of child	80
	73	Further amendments, mentions of child’s	81
	74	Further amendments, mentions of children	81
Schedule 1	Consequential amendments	83
Part 1.1	Adoption Regulation 1993	83
Part 1.2	Children and Young People Act 2008	84
Part 1.3	Discrimination Act 1991	84
Part 1.4	Parentage Act 2004	85
Part 1.5	Testamentary Guardianship Act 1984	85

Australian Capital Territory
Adoption Amendment Act 2009 (No 2)
A2009-36

An Act to amend the Adoption Act 1993, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Adoption Amendment Act 2009 (No 2).
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Adoption Act 1993.
Note	This Act also amends the following legislation (see sch 1):
·	Adoption Regulation 1993
·	Children and Young People Act 2008
·	Discrimination Act 1991
·	Parentage Act 2004
·	Testamentary Guardianship Act 1984.
4	Long title
substitute
An Act relating to the adoption of children and young people
5	Section 6
substitute
Part 1A	Objects and principles
4	Objects of Act
The main objects of this Act include—
	(a)	ensuring that the best interests of the child or young person are the paramount consideration in the adoption of a child or young person; and
	(b)	providing an adoption process that promotes the wellbeing and care of children and young people in a way that recognises the child’s or young person’s right—
	(i)	to grow in a safe and stable environment; and 
	(ii)	to be cared for by a suitable family and to establish enduring relationships; and
	(iii)	to know about family background and culture and have the opportunity to maintain or develop cultural identity; and
	(c)	ensuring that the Aboriginal and Torres Strait Islander people are included and participate in any adoption of an Aboriginal or Torres Strait Islander child or young person; and
	(d)	ensuring that adoption is centred on the needs of the child or young person rather than an adult wanting to care for a child or young person; and 
	(e)	consultating with the child or young person throughout the adoption process and, wherever possible, taking the child’s or young person’s views into account; and
	(f)	recognising a birth parent’s involvement in making decisions about their child’s future; and
	(g)	providing for adoption plans to recognise the intentions of parties in an adoption; and
	(h)	ensuring that equivalent standards apply for a child or young person adopted from the ACT and a child or young person adopted from overseas; and
	(i)	ensuring that the adoption process in the ACT complies with Australia’s international obligations, in particular the obligations arising under the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.
Note	The text of the Convention is set out in sch 1.
5	Best interests of child or young person paramount consideration
	(1)	A person making a decision under this Act in relation to a child or young person, must regard the best interests of the child or young person as the paramount consideration.
	(2)	In forming a view about the best interests of a child or young person, a person making a decision under this Act must take into account the following:
	(a)	the likely effect of the decision on the life course of the child or young person; 
	(b)	the child’s or young person’s age, level of understanding, level of maturity, gender, and personal characteristics; 
	(c)	the child’s or young person’s physical, emotional and educational needs; 
	(d)	the views expressed by the child or young person;
	(e)	the relationship the child or young person has with the parents, any siblings and any other relatives; 
	(f)	the relationship the child or young person has with the adoptive parents; 
	(g)	the suitability and capacity of the adoptive parents to meet the child’s or young person’s needs;
	(h)	the alternatives to adoption for the child or young person to secure permanent family arrangements.
6	Aboriginal and Torres Strait Islander child or young person—additional requirements
In addition to section 5, a person making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person must—
	(a)	take into account the need for the child or young person to maintain a connection with the lifestyle, culture and traditions of the child’s or young person’s Aboriginal or Torres Strait Islander community; and
	(b)	seek and consider submissions about the child or young person made by or on behalf of any Aboriginal or Torres Strait Islander people or organisations identified by the chief executive as providing ongoing support services to the child or young person or the child’s or young person’s family; and
	(c)	take into account Aboriginal and Torres Strait Islander traditions and cultural values (including kinship rules) as identified by reference to the child’s or young person’s family and kinship relationships and the community with which the child or young person has the strongest affiliation.
6	Division 3.1 
substitute
Division 3.1	Who can be adopted?
9	Adoption of child or young person
An adoption order may be made for a person who—
	(a)	was under 18 years old on the day the application was filed in the court; and
	(b)	is present in the ACT.
10	Adoption of person 18 years old or older
An adoption order may be made for a person who was 18 years old or older on the day the application was filed in the court if the person—
	(a)	has been reared, maintained and educated by the applicant or applicants under a de facto adoption; and
	(b)	is present in the ACT.
Note	The following provisions do not apply to the adoption of a person who was 18 years old or older on the day the application was filed in the court:
·	div 3.2 (Who can adopt?) (other than s 13 (Residency requirement));
·	div 3.3 (Consents to adoptions) (other than s 28 (Consent of applicant not required), s 30 (Instrument of consent) and s 34 (1) (Defective consents));
·	div 3.4 (Placement of child or young person before adoption);
·	div 3.5 (Guardianship before adoption);
·	div 3.6 (Proceedings for an adoption order) (other than s 39A, s 39B (1) (a), s 39B (2), s 39B (3), s 39C, s 39I and s 39L);
·	div 3.7 (Conditional orders);
·	s 45 (Names of adopted child or young person);
·	s 46 (Effect of order on domicile); 
·	div 3.9 (Interim orders).
11	Previous adoption immaterial
An adoption order may be made even if the person has previously been adopted, before or after the commencement of this Act, in the ACT or elsewhere. 
12	Frustration of immigration law 
An adoption order must not be made if the court considers that it is being sought primarily as a means of evading the operation of a law of the Commonwealth relating to immigration.
Division 3.2	Who can adopt?
13	Residency requirement
	(1)	An adoption order may only be made in favour of a person, or 2 people, who are ordinarily resident in the ACT.
	(2)	This section does not apply to an adoption order under section 57 (Adoption in ACT of ACT child or young person by parents from Convention country).
14	Adoption by couple
An adoption order for a child or young person may be made in favour of 2 people jointly if—
	(a)	neither of them is a parent, step-parent or relative of the child or young person; and
	(b)	they have lived together in a domestic partnership for at least 3 years (whether married or not); and
	(c)	the court considers they have demonstrated the stability of, and their commitment to, the domestic partnership; and
	(d)	they are on the register of suitable people. 
Note 1	For adoption by a step-parent or relative of a child or young person, see s 15 and s 17.
Note 2	For the meaning of domestic partnership, see the Legislation Act, s 169.
15	Adoption by step-parent 
An adoption order for a child or young person may be made in favour of a step-parent of the child or young person if—
	(a)	the instrument of consent shows consent to adoption by the step-parent; and
	(b)	the Family Court of Australia has given the step-parent leave to commence a proceeding for the adoption of the child or young person under the Family Law Act 1975 (Cwlth), section 60G; and
	(c)	the step-parent is on the register of suitable people.
16	Adoption by one person 
An adoption order for a child or young person may be made in favour of one person (other than a step-parent or relative of the child or young person) if— 
	(a)	the instrument of consent shows consent to adoption by one person; and
	(b)	the person is not in a domestic partnership; and
	(c)	the person is on the register of suitable people.
17	Adoption by relative 
An adoption order for a child or young person may be made in favour of a relative of the child or young person if—
	(a)	the instrument of consent shows consent to adoption by the  relative; and
	(b)	the court considers that—
	(i)	the family circumstances mean that it would be beneficial for the child or young person if the relationships within the family were redefined in the way the order would redefine them; and
	(ii)	it would not be preferable to make an order relating to guardianship or custody of the child or young person; and
	(c)	the relative is on the register of suitable people.
18	Approval of suitable people 
	(1)	A person may apply in writing to the chief executive for approval to be registered as suitable for the placement of a child or young person for adoption.
	(2)	The chief executive must—
	(a)	approve the application; or
	(b)	refuse to approve the application.
	(3)	In deciding the application, the chief executive must consider whether the applicant is suitable for the placement of a child or young person for adoption having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person).
	(4)	The chief executive must not approve an application if the applicant is not ordinarily resident in the ACT.
19	Register of suitable people
	(1)	The chief executive must keep—
	(a)	a register of people whose application to be registered as suitable for the placement of a child or young person for adoption has been approved; and 
	(b)	records of people whose application to be registered as suitable for the placement of a child or young person for adoption—
	(i)	has been refused; or 
	(ii)	has been approved, but for which the approval has been withdrawn.
	(2)	The chief executive may review the register kept under subsection (1) (a) and—
	(a)	must remove a person from the register if satisfied on reasonable grounds that the person is no longer suitable having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person); and
	(b)	may remove a person from the register if satisfied on reasonable grounds that the person is no longer ordinarily resident in the ACT.
	(3)	If the chief executive removes a person from the register under subsection (2), the chief executive must give the person written notice of the removal.
7	Division 3.2 
renumber as division 3.3
8	Section 27
substitute
26	Consents of parents and guardians
	(1)	Subject to this division, an adoption order must not be made for a child or young person unless consent to the adoption has been given by—
	(a)	if the child or young person has not previously been adopted—
	(i)	each parent of the child or young person; and
	(ii)	each guardian of the child or young person; or
	(b)	if the child or young person has previously been adopted—
	(i)	each adoptive parent of the child or young person; and 
	(ii)	each guardian of the child or young person.
	(2)	A reference in subsection (1) (a) (i) to a parent of a child or young person does not include a reference to the father of the child or young person unless he is presumed to be the father under the Parentage Act 2004.
	(3)	Consent of a person is not required if the court is satisfied that the person is dead.
27	Information for certain parents considering consent
	(1)	This section applies if the chief executive knows that—
	(a)	a parent is considering consenting to the adoption of a child in the 28 days following the birth of the child; or 
	(b)	a parent under 18 years old is considering consenting to the adoption of a child.
	(2)	The chief executive must offer the parent—
	(a)	information about—
	(i)	the time period for providing the consent; and
	(ii)	the process for revocation of consent; and
	(iii)	alternatives to adoption; and
	(iv)	future contact with the child; and
	(b)	the opportunity for counselling, if requested.
	(3)	The chief executive must ensure a parent mentioned in subsection (1) (b) has access to independent legal advice.
9	General or limited consents 
Section 29 (3) (d)
substitute
	(d)	by a step-parent.
10	Revocation of consent
Section 31 (1) (a)
omit
30 days
substitute
28 days
11	Section 31 (1) (b)
omit
30-day period
substitute
28-day period
12	Access during revocation period
Section 32 (2)
omit
welfare and interests
substitute
best interests
13	Defective consents 
Section 34 (3)
omit
7 days
substitute
28 days
14	Dispensing with consent
Section 35 (1), note
substitute
Note	If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
15	New division 3.4
after section 35, insert 
Division 3.4	Placement of child or young person before adoption
35A	Placement of child or young person before adoption
	(1)	The chief executive may place a child or young person in the care of a person if—
	(a)	the chief executive is the guardian of the child or young person; and 
	(b)	the person—
	(i)	is on the register of suitable people; and
	(ii)	intends to apply for an adoption order for the child or young person; and
	(iii)	has asked the chief executive, in writing, to place the child or young person in the person’s care until the application is decided; and
Note	If a form is approved under s 120A for this provision, the form must be used.
	(c)	the child or young person has been consulted under section 35B; and
	(d)	if the child or young person is an Aboriginal or Torres Strait Islander child or young person—the additional requirements mentioned in section 6 (Aboriginal and Torres Strait Islander child or young person—additional requirements) have been complied with.
	(2)	The chief executive must not place a child or young person in the care of a person under subsection (1) unless the chief executive considers that the person is suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person).
	(3)	The chief executive must remove a child or young person from the care of a person with whom the child or young person has been placed under this section if—
	(a)	the person is no longer on the register of suitable people; or
	(b)	the chief executive considers that the person is no longer suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c); or
	(c)	within 1 year after the child or young person is placed in the care of the person under this section, the person has not applied for an adoption order for the child or young person. 
	(4)	A person given care of a child under this section has daily care responsibility for the child or young person.
	(5)	In this section:
daily care responsibility—see the Children and Young People Act 2008, section 19.
35B	Consultation with child or young person before deciding placement
	(1)	Before deciding about the placement of a child or young person under section 35A, the chief executive must, if reasonably practicable, give the child or young person—
	(a)	information about the proposed placement, in language and in a way that the child or young person can understand; and
	(b)	the opportunity to freely express his or her views about the proposed placement; and 
	(c)	assistance in understanding the information provided and in expressing his or her views, if required; and
	(d)	the opportunity for counselling, if required.
	(2)	The consultation under subsection (1) must be appropriate taking into account the best interests of the child or young person. 
Note	See s 5 for the matters that must be taken into account by a decision‑maker in forming a view about the best interests of a child or young person.
16	New division 3.5 heading
before section 36, insert
Division 3.5	Guardianship before adoption
17	Sections 36 and 37
substitute
36	Guardianship before adoption
	(1)	The chief executive is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—
	(a)	each person required to consent to the adoption of the child or young person under section 26 has consented; or 
	(b)	the requirement for consent has been dispensed with under section 35 (Dispensing with consent).
	(2)	However, subsection (1) does not apply in relation to a child or young person if—
	(a)	the application for adoption is made by a step-parent under section 15 (Adoption by step-parent) and a parent of the child or young person has a continuing role as a parent; or
	(b)	the principal officer of a private adoption agency is the guardian of the child or young person for all purposes except section 26 (Consents of parents and guardians) because of subsection (3); or
	(c)	a declaration under section 38 that the child or young person is under the guardianship of an authority in a State or another Territory is in force; or 
	(d)	the chief executive has long-term care responsibility for the child or young person under the Children and Young People Act 2008.
	(3)	The principal officer of a private adoption agency is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—
	(a)	each person whose consent to the adoption is required has consented and has, in writing, authorised the private adoption agency to make arrangements with a view to the adoption; and
	(b)	the principal officer of the private adoption agency has told the chief executive in writing that he or she is willing to assume the guardianship of the child or young person.
	(4)	A guardianship under subsection (1) or (3) continues until—
	(a)	an adoption order is made; or
	(b)	any consent given is revoked; or
	(c)	the court makes an order relating to the guardianship of the child or young person.
37	Guardianship of non-citizen child or young person
	(1)	This section applies in relation to a non-citizen child or young person—
	(a)	brought from a place outside Australia for adoption in the ACT; or
	(b)	adopted outside Australia if the adoption is not recognised under this Act, part 4A.
	(2)	The chief executive is the guardian of the child or young person while the child or young person is ordinarily resident in the ACT until—
	(a)	the child or young person turns 18 years old; or
	(b)	an adoption order is made; or
	(c)	the court makes an order relating to the guardianship of the child or young person; or
	(d)	the child or young person leaves Australia with the intention of remaining outside Australia permanently.
Note	The Minister for Immigration of the Commonwealth is the guardian of  a child arriving in Australia and subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth) until an adoption order is made.  The responsibility for guardianship is delegated to the chief executive under s 5 of the Immigration (Guardianship of Children) Act 1946 (Cwlth).   
18	Review of status of child released for adoption
Section 39 (2)
omit
welfare and interests
substitute
best interests
19	New division 3.6
after section 39, insert
Division 3.6	Proceedings for an adoption order
39A	Application for adoption order
	(1)	A person (the applicant) may apply to the court for an adoption order for a child or young person if an adoption order for the child or young person may be made in favour of the applicant under this part or part 4A (Intercountry and overseas adoption).
	(2)	A person (the applicant) may apply to the court for an adoption order for a person who is 18 years old or older if an adoption order for the person may be made in favour of the applicant under section 10.
Note 	If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
39B	Notice of application for adoption order
	(1)	An adoption order must not be made unless the applicant has, not later than 28 days before the return date for the application, served written notice of the application and its return date on—
	(a)	anyone whose consent to the adoption is required but whose consent has not been given; and
	(b)	anyone whose consent is not required but with whom the child or young person lives or who has guardianship or custody of the child or young person.
Note 	If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
	(2)	On application, the court may dispense with the requirement to serve notice under subsection (1).
	(3)	If it appears to the court to be necessary in the interests of justice, the court may, on application or its own initiative, direct that notice of an application for an adoption order and its return date be served on anyone.
39C	Parties to proceeding
The court may permit anyone the court thinks fit to be joined as a party to a proceeding on an application for an adoption order for the purpose of—
	(a)	opposing the application; or 
	(b)	opposing an application to dispense with a requirement for a consent.
39D	Report on proposed adoption
	(1)	The chief executive, or the principal officer of a private adoption agency that made the arrangements that resulted in an application for an adoption order for a child or young person, must give a written report to the court.
	(2)	The written report must include—
	(a)	information about the circumstances of the child or young person; and
	(b)	information about the proposed adoption, including the applicant’s reputation, ability to fulfil the responsibility of a parent and suitability to adopt the particular child or young person; and
	(c)	an adoption plan.
	(3)	The adoption plan may include anything that is appropriate taking into account the best interests of the child or young person, including—
	(a)	the preferences of a parent of the child or young person and of any person whose consent is required for the adoption in relation to the social, religious and financial characteristics of the adoptive family; and
	(b)	arrangements for exchanging information about the child’s or young person’s medical background or condition; and
	(c)	arrangements for ongoing contact between the child or young person and 1 or more of the following:
	(i)	a parent of the child or young person;
	(ii)	a person whose consent is required for the adoption;
	(iii)	a person who otherwise has a significant relationship with the child or young person; and
	(d)	the way the child or young person is to develop an understanding about his or her family background and culture and have the opportunity to maintain or develop cultural identity.
Note	See s 5 for the matters that must be taken into account by a decision‑maker in forming a view about the best interests of a child or young person.
	(4)	If the child or young person is under the guardianship of an authority in a State or another Territory having functions under the law of that State or Territory corresponding to those of the chief executive, the court may be given a report from that authority about the circumstances of the child or young person and the proposed adoption in addition to or instead of a report mentioned in subsection (1).
	(5)	A written report is not required under this section if the application is for an adoption order mentioned in section 57 (Adoption in ACT of ACT child or young person by parents from Convention country).
Note	For these applications, a report by the chief executive is required under s 57A.
39E	Consultation with child or young person before adoption order made
	(1)	Before making an adoption order for a child or young person, the court must be satisfied that, if reasonably practicable, the chief executive has given the child or young person—
	(a)	information about the proposed adoption, in language and in a way that the child or young person can understand; and
	(b)	the opportunity to freely express his or her views about the proposed adoption; and 
	(c)	assistance in understanding the information provided and in expressing his or her views, if required; and
	(d)	the opportunity for counselling, if required.
	(2)	The consultation under subsection (1) must be appropriate taking into account the best interests of the child. 
Note	See s 5 for the matters that must be taken into account by a decision‑maker in forming a view about the best interests of a child or young person.
39F	Deciding application for adoption order for child or young person
	(1)	The court must not make an adoption order for a child or young person unless—
	(a)	each consent required under division 3.3 has been given; and 
	(b)	the period within which each required consent may be revoked has expired without the consent having been revoked; and
	(c)	after considering the report or reports given to it under section 39D (Report on proposed adoption) or section 57A (Report on child for intercountry adoption) and any other evidence, the court considers that—
	(i)	each applicant is of good reputation and able to fulfil the responsibility of the parent of a child or young person (including protecting a child’s or young person’s physical and emotional well being); and
	(ii)	each applicant is suitable to adopt the particular child or young person having regard to—
	(A)	the applicant’s age, education and attitude to adoption; and
	(B)	the applicant’s physical, mental and emotional health, particularly as it impacts on capacity to nurture the child or young person; and
	(C)	any other relevant consideration; and
	(iii)	the adoption is in the best interests of the child or young person.
	(2)	In deciding whether or not to make an adoption order, the court must have regard to—
	(a)	the views expressed by the child or young person in the consultation required under section 39E (Consultation with child or young person before adoption order made); and
	(b)	any preferences expressed in an adoption plan given to the court as part of a report required under section 39D (Report on proposed adoption).
Note	Additional requirements apply to certain intercountry adoptions.  See the following sections:
·	s 57 (3) (Adoption in ACT of ACT child or young person by parents from Convention country);
·	s 57B (3) (Adoption in ACT of child or young person from Convention country by ACT parents);
·	s 57J (2) (Adoption in ACT of child or young person from prescribed overseas jurisdiction by ACT parents).
39G	Aboriginal or Torres Strait Islander child or young person 
	(1)	This section is in addition to, and does not limit, section 39F.
	(2)	An adoption order must not be made for an Aboriginal or Torres Strait Islander child or young person unless the court is satisfied that—
	(a)	the additional requirements mentioned in section 6 (Aboriginal and Torres Strait Islander child or young person—additional requirements) have been complied with; and
	(b)	it is not practicable for the child or young person to remain in the care of the birth parents or a responsible person; and
	(c)	the choice of the adoptive parents has been made having regard to the desirability of the child or young person—
	(i)	being in the care of a person who is a member of an Aboriginal or Torres Strait Islander community; and
	(ii)	being able to establish and maintain contact with his or her birth parents, any responsible person and the Aboriginal or Torres Strait Islander community of which the child or young person is or was a member.
39H	Adoption of non-citizen child or young person
An adoption order must not be made for a non-citizen child or young person unless the court is satisfied that the provisions of part 4A (Intercountry and overseas adoption) have been complied with.
39I	Deciding application for adoption order for person 18 years old or older
The court must not make an adoption order for a person who was 18 years old or older on the day the application was filed in the court unless—
	(a)	the person consents to the adoption by the applicant or applicants; and
	(b)	the court is satisfied that the applicant or applicants are of good reputation.
39J	Notification to chief executive of adoption order
The registrar of the court must notify the chief executive in writing if the court makes an adoption order.
39K	Alternative orders on refusal of adoption order 
	(1)	If the court refuses to make an adoption order for a child or young person, the court may—
	(a)	if it considers that the child’s or young person’s best interests would be promoted by doing so—make an order relating to guardianship or custody of the child or young person; and
	(b)	make any other order it thinks fit.
	(2)	An order under subsection (1) (a) may be made in favour of the chief executive or any other person.
39L	Discharge of adoption order
	(1)	On application by a prescribed person, the court may make an order (a discharging order) discharging an adoption order if the court considers that—
	(a)	the adoption order, or any consent to the adoption, was obtained by fraud, duress or other improper means; or
	(b)	there are other circumstances that justify the discharging order.
	(2)	For subsection (1) (b), a breakdown in the relationship between the adopted person and the adoptive parents must not be taken to constitute a circumstance justifying a discharging order.
	(3)	A discharging order must not be made if it appears to the court that the making of the order would be prejudicial to the best interests of the adopted person.
	(4)	On an application under subsection (1), the court may require the chief executive to investigate the matter and to provide a written report to the court.
	(5)	A discharging order must not be made unless the applicant has, not later than 28 days before the return date for the application, served written notice of the application and its return date on—
	(a)	if the adopted person is 12 years old or older—the adopted person; and
	(b)	each adoptive parent; and 
	(c)	each person whose consent to the adoption was required.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
	(6)	On application, the court may dispense with the requirement to serve notice under subsection (5).
	(7)	If the court makes a discharging order, the court may, at the same time or subsequently, make any consequential or ancillary orders it thinks fit to promote the best interests of the adopted person, or otherwise in the interests of justice, including orders relating to—
	(a)	the person’s name; or
	(b)	the ownership of property; or
	(c)	if the person is a child or young person—
	(i)	guardianship or custody of the person; or
	(ii)	the place of residence of the person.
	(8)	Subject to any order made under subsection (7) and to section 43 (3), the rights, privileges, obligations, liabilities and relationships under the law of the Territory of the person and of all other people are, on the making of a discharging order, the same as if the adoption order had not been made, but without prejudice to—
	(a)	anything lawfully done while the adoption order was in force; or
	(b)	the consequences of anything unlawfully done while the adoption order was in force; or
	(c)	any right or interest that became vested in any person while the adoption order was in force.
	(9)	If an adoption order that has been discharged was made under a general consent, then, unless the court otherwise orders, that consent remains effective for the purpose of a further application for an adoption order about the same person.
	(10)	In this section:
prescribed person, in relation to an application for a discharging order for a person, means the Minister, the chief executive, the public advocate, the adopted person, an adoptive parent or a person whose consent to the adoption was required.
20	Division 3.3 
renumber as division 3.7
21	Amendment of adoption condition
Section 41 (1)
omit
welfare and interests
substitute
best interests
22	Division 3.4
renumber as division 3.8
23	General effect 
Section 43 (1) and (2)
substitute
	(1)	Subject to this Act and the provisions of any other Territory law that expressly distinguishes between adopted people and other people, on the making of an adoption order, for all purposes—
	(a)	the adopted person becomes in law a child of the adoptive parents, and the adoptive parents become in law the parents of the adopted person as if the adopted person had been born to the adoptive parents; and
	(b)	the adopted person ceases to be a child of the birth parents or of any person (a pre-adoption parent) who was an adoptive parent before the making of the adoption order, and any such pre-adoption parent ceases to be a parent of the adopted person; and
	(c)	if the order is made in favour of a step-parent—the relationship of the adopted person with the parent living in a domestic partnership with the step-parent is not affected; and
	(d)	the relationship to one another of all people (including the adopted person and the adoptive parents, birth parents or any former adoptive parent) must be decided on the basis of paragraphs (a), (b) and (c) so far as they are relevant; and
	(e)	any existing appointment of a person as guardian of the adopted person ceases to have effect; and
	(f)	any previous adoption of the adopted person (whether under a Territory law or otherwise) ceases to have effect.
	(2)	However, an adoption order does not exclude any right of inheritance that the adopted person might otherwise have from or through a deceased person if—
	(a)	1 of the birth or former adoptive parents of an adopted person has died; and
	(b)	an adoption order is made in favour of a step-parent after that death.
24	Section 45
substitute
45	Names of adopted child or young person
	(1)	On the making of an adoption order for a child or young person, the court may change the name of the child or young person, on the application of either of the adoptive parents.
	(2)	In deciding the name of a child or young person, the court must consider—
	(a)	the best interests of the child or young person; and
	(b)	the child’s or young person’s right to retain his or her name and identity.
	(3)	The court may approve any of the following as a family name for an adopted child or young person:
	(a)	if both adoptive parents are known by the same family name—that name; 
	(b)	the maiden name or other family name of the child’s or young person’s mother; 
	(c)	the family name of the child’s or young person’s father; 
	(d)	the family name or former family name of any previous parent of the child or young person;
	(e)	a family name formed by combining the parent’s family names or any previous parent’s family names.
	(4)	If an adoptive parent is applying for an order to change a child’s or young person’s given name, the chief executive must provide the court with a written report about—
	(a)	the proposed name change; and
	(b)	any exceptional circumstances; and 
	(c)	the best interests of the child or young person.
Note	See s 6 for the matters that must be taken into account by a decision‑maker in forming a view about the best interests of a child or young person.
	(5)	In considering an application to change the given name of the adopted child or young person, the court—
	(a)	must consider the report provided under subsection (4); and
	(b)	must retain the child’s or young person’s given name unless there are exceptional circumstances for changing the name; and
	(c)	may give the child or young person additional given names.
Example—par (b)
An exceptional circumstance would be if the given name is likely to make the child or young person vulnerable to ridicule or teasing in every day life in Australian society.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).  
	(6)	The registrar of the court must notify the registrar-general under the Births, Deaths and Marriages Registration Act 1997 if a child’s or young person’s name is changed under this section. 
	(7)	This section does not prevent the changing of any name of an adopted child or young person, after the making of the adoption order, in accordance with the law of the Territory.
Note	The Births, Deaths and Marriages Registration Act 1997, s 19 allows parents to apply for a change of name of a child.
25	Distribution of property by trustee or personal representative
Section 47 (2)
omit
shall not
substitute
must not
26	Division 3.5 
renumber as division 3.9
27	Making of order
Section 50 (2)
omit
welfare
substitute
wellbeing
28	Part 4
substitute
Part 4	Recognition of Australian adoptions 
53	Recognition of Australian adoptions 
		An order for the adoption of a person that was made in a State or another Territory (whether before or after the commencement of this Act) has the same effect as an adoption order made under this Act if the order—
	(a)	was made in accordance with the law of the State or Territory; and
	(b)	has not been rescinded under the law of the State or Territory.
Part 4A	Intercountry and overseas adoption
Division 4A.1	Preliminary
54	Adoptions outside Australia—general
	(1)	The adoption of a person in a country outside Australia (whether before or after the commencement of this section) does not have effect as an adoption for the law of the Territory, except as provided for in this part.
	(2)	However, nothing in this part affects any right that was acquired by, or became vested in, a person before the commencement of this part.
55	State central authority
	(1)	The chief executive is the State central authority for the ACT for the purposes of the Convention, article 6 (2).
	(2)	The chief executive must tell the Commonwealth central authority—
	(a)	that the chief executive is the State central authority for the ACT; and
	(b)	the address and functions of the State central authority for the ACT.
56	Functions of State central authority
	(1)	Subject to subsection (2), the State central authority for the ACT—
	(a)	has all the duties of a central authority under the Convention; and
	(b)	may exercise all of the powers of a central authority under the Convention.
	(2)	The functions of the State central authority for the ACT do not include any functions that are functions of the Commonwealth central authority under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth).
Division 4A.2	Convention on intercountry adoption
Subdivision 4A.2.1	Adoption under Convention	
57	Adoption in ACT of ACT child or young person by parents from Convention country
	(1)	The court may make an adoption order for the adoption of a child or young person who is habitually resident in the ACT by a prospective adoptive parent or parents who are habitually resident in a Convention country. 
Note 	Convention country does not include Australia—see the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth), reg 4.
	(2)	Division 3.2 (Who can adopt?) does not apply to an adoption order under this section.
	(3)	In addition to the matters set out in section 39F (Deciding application for adoption order for child or young person), the court must not make the order unless satisfied that—
	(a)	the report mentioned in section 57A has been given to the  central authority of the Convention country; and
	(b)	the central authority of the Convention country has agreed to the adoption of the child or young person; and
	(c)	the central authority of the Convention country has agreed to recognise the ACT adoption order as a full and permanent adoption order in the Convention country; and
	(d)	the prospective adoptive parent or parents are present in the ACT when the adoption order is made.
	(4)	The court must not make the order if the child or young person is not allowed to leave Australia—
	(a)	under a law of the Commonwealth, a State or another Territory; or 
	(b)	because of an order of a court of the Commonwealth, a State or another Territory. 
57A	Report on child for intercountry adoption
	(1)	For an adoption order mentioned in section 57, the chief executive must prepare a written report that includes—
	(a)	information about the identity, background, social environment, family and medical history of the child or young person; and
	(b)	evidence that each consent required under division 3.3 has been given, or that the requirement for consent has been dispensed with; and
	(c)	details of the consideration given to placing the child or young person for adoption in Australia and any other action that could be taken to care for the child or young person in Australia; and
	(d)	an assessment of whether the chief executive is satisfied that the child should be adopted outside Australia; and
	(e)	information about the circumstances and suitability of the prospective adoptive parent or parents.
	(2)	A copy of the report must be given to—
	(a)	the court; and
	(b)	the central authority of the Convention country where the prospective adoptive parent or parents are habitually resident.
57B	Adoption in ACT of child or young person from Convention country by ACT parents
	(1)	The court may make an adoption order for the adoption of a child or young person who is habitually resident in a Convention country by a prospective adoptive parent or parents who are on the register of suitable people.  
Note	For the register of suitable people, see s 19.
	(2)	In addition to the matters set out in section 39F (Deciding application for adoption order for child or young person), the court must not make the order unless satisfied that—
	(a)	the central authority of the Convention country has agreed to the adoption of the child or young person; and
	(b)	the child or young person is allowed to reside permanently in Australia; and 
	(c)	the child or young person is present in the ACT when the adoption order is made; and
	(d)	arrangements for adoption of the child or young person have been made by the chief executive or a private adoption agency.
	(3)	For subsection (2) (b), a child or young person is not allowed to reside permanently in Australia if the child or young person is affected by a law of the Commonwealth, a State or Territory, or by an order of a Commonwealth, State or Territory court, the effect of which is to prevent the child or young person permanently residing in Australia. 
Note	A child entering Australia before the order is made is subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth).  See this Act, s 37.
57C	Issue of adoption compliance certificate
If the court has made an adoption order for the adoption of a child or young person under section 57 or section 57B, the State central authority for the ACT may issue an adoption compliance certificate.
Note	Adoption compliance certificate—see the dictionary.
Subdivision 4A.2.2	Recognition under Convention
57D	Recognition of adoption of child or young person from Convention country in that country
	(1)	This section applies if—
	(a)	an adoption (whether before or after the commencement of this section) by a person who is habitually resident in the ACT, of a child or young person who is habitually resident in a Convention country, is granted in that country; and 
	(b)	arrangements for adoption of the child or young person have been made by the chief executive or a private adoption agency; and
	(c)	an adoption compliance certificate issued (whether before or after the commencement of this section) in the Convention country is in force for the adoption.
Note	Adoption compliance certificate—see the dictionary.
	(2)	Subject to section 57G (Refusal to recognise adoption or decision), the adoption is recognised and effective, for the law of the Territory, on and after the day the certificate becomes effective. 
57E	Recognition of adoption of child or young person from Convention country to another Convention country	
	(1)	This section applies if—
	(a)	an adoption (whether before or after the commencement of this section) by a person who is habitually resident in a Convention country, of a child or young person who is habitually resident in another Convention country, is granted; and 
	(b)	an adoption compliance certificate issued (whether before or after the commencement of this section) in the Convention country in which the adoption is granted is in force for the adoption.
	(2)	Subject to section 57G (Refusal to recognise adoption or decision), the adoption is recognised and effective, for the law of the Territory, on and after the day the certificate becomes effective. 
57F	Effect of recognition
	(1)	Subject to subsection (2), for the law of the Territory, an adoption of a child or young person that is recognised and effective under section 57D or section 57E is to be treated as having the same effect as an adoption order made under this Act. 
Note	See s 43 (General effect) and the Convention, art 26 and 27. The text of the Convention is set out in sch 1.
	(2)	The legal relationship between the child or young person and the individuals who were, immediately before the adoption, the child’s or young person’s parents is terminated if the law of the Convention country where the adoption was granted provides that the adoption of the child or young person terminates the legal relationship. 
57G	Refusal to recognise adoption or decision
	(1)	The chief executive may apply to the court for a declaration that an adoption or decision made in accordance with the Convention, article 27 is not recognised. 
	(2)	The court may make the declaration if satisfied that the adoption or decision is manifestly contrary to public policy, taking into account the best interests of the child or young person.
	(3)	If the court declares that it does not recognise the adoption or decision, the adoption or decision has no effect for the law of the Territory. 
57H	Order terminating legal relationship between child or young person and parents
	(1)	This section applies if—
	(a)	an adoption, by an adoptive parent who is habitually resident in the ACT, of a child or young person who is habitually resident in a Convention country is granted in that country; and 
	(b)	the law of the Convention country does not provide that the adoption of the child or young person terminates the legal relationship between the child or young person and the individuals who were, immediately before the adoption, the child’s or young person’s parents (the pre-adoption parents). 
Note	The text of the Convention is set out in sch 1. 
	(2)	The chief executive may, on behalf of an adoptive parent, apply to the court for an order that the adoption of the child or young person terminates the legal relationship between the child or young person and the pre-adoption parents. 
	(3)	The chief executive must give written notice of the application to the central authority of the Convention country that granted the adoption. 
	(4)	The court may make the order only if satisfied that—
	(a)	an adoption compliance certificate issued in the Convention country is in force for the adoption; and 
	(b)	the law of the Convention country does not provide that the adoption of the child or young person terminates the legal relationship between the child or young person and the pre‑adoption parents; and 
	(c)	the child or young person is allowed—
	(i)	to enter Australia; and 
	(ii)	to reside permanently in Australia; and 
	(d)	notice has been given as required by subsection (3). 
	(5)	For subsection (4) (c), a child or young person is not allowed to enter or reside permanently in Australia if the child or young person is affected by a law of the Commonwealth, a State or Territory, or by an order of a Commonwealth, State or Territory court, the effect of which is to prevent the child or young person from entering or residing permanently in Australia. 
57I	Evidential value of adoption compliance certificate 
		Subject to section 57G (Refusal to recognise adoption or decision), an adoption compliance certificate issued in a Convention country is evidence, for the law of the Territory, that the adoption to which the certificate or order 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 Convention and the law of that country. 
Note	Adoption compliance certificate—see the dictionary.
Division 4A.3	Bilateral arrangements for intercountry adoptions
57J	Adoption in ACT of child or young person from prescribed overseas jurisdiction by ACT parents
	(1)	The court may make an adoption order for the adoption of a child or young person who is habitually resident in a prescribed overseas jurisdiction by a prospective adoptive parent or parents who are on the register of suitable people.  
Note	For the register of suitable people, see s 19.
	(2)	In addition to the matters set out in section 39F (Deciding application for adoption order for child or young person), the court must not make the order unless satisfied that—
	(a)	the competent authority of the prescribed overseas jurisdiction has agreed to the adoption of the child or young person; and
	(b)	the child or young person is allowed to reside permanently in Australia; and 
	(c)	the child or young person is present in the ACT when the adoption order is made; and
	(d)	arrangements for adoption of the child or young person have been made by the chief executive or a private adoption agency.
	(3)	For subsection (2) (b), a child or young person is not allowed to reside permanently in Australia if the child or young person is affected by a law of the Commonwealth, a State or Territory, or by an order of a Commonwealth, State or Territory court, the effect of which is to prevent the child or young person permanently residing in Australia. 
Note 1	A child entering Australia before the order is made is subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth) see this Act, s 37.
Note 2	Prescribed overseas jurisdiction—see the dictionary. 
57K	Evidential value of adoption compliance certificate—div 4A.3 
An adoption compliance certificate issued in a prescribed overseas jurisdiction, or an adoption order certified by the competent authority of a prescribed overseas jurisdiction as having been made in accordance with the law of that country, is evidence, for the law of the Territory, that the adoption to which the certificate or order relates was carried out in accordance with the law of the prescribed overseas jurisdiction.
Division 4A.4	Recognition of other overseas adoptions
57L	Recognition of adoption order made outside Australia 
	(1)	This section applies to an order for the adoption of a person that was made (whether before or after the commencement of this section) in a country outside Australia if, when the legal steps that resulted in the adoption were commenced, the adoptive parent or parents—
	(a)	had been resident in a country outside Australia for 1 year or more; or
	(b)	were domiciled in a country outside Australia. 
	(2)	An order for the adoption of a person to which this section applies has the same effect as an adoption order made under this Act if— 
	(a)	the adoption is in accordance with and has not been rescinded under the law of the country outside Australia where the adoption order was made; and 
	(b)	in consequence of the adoption, the adoptive parent or parents, under the law of that country, have a right superior to that of the adopted person’s birth parents in relation to the care of the adopted person; and 
	(c)	under the law of that country, the adoptive parent or parents were, because of the adoption, placed generally in relation to the adopted person in the position of a parent or parents. 
	(3)	Despite subsection (2), a court (including a court dealing with an application under section 57M) may refuse to recognise an adoption under this section if it appears to the court that the procedure followed, or the law applied, in connection with the adoption involved a denial of natural justice or did not comply with the requirements of substantial justice. 
	(4)	A court that refuses to recognise an adoption may, when refusing or later, give leave to the applicant to seek an order for the adoption of the person concerned. 
	(5)	In any proceeding before a court (including a proceeding under section 57M), it is to be presumed unless the contrary appears from the evidence, that an order for the adoption of a person that was made in a country outside Australia complies with subsection (1). 
	(6)	This section does not affect any right that was acquired by, or became vested in, a person before the commencement of this section. 
57M	Declaration of validity of adoption order made outside Australia 
	(1)	Any of the parties to an adoption order made in a country outside Australia may apply to the court for a declaration that the order complies with section 57L. 
	(2)	On an application under this section, the court may—
	(a)	direct that notice of the application be given to the people (including the Attorney-General) that the court thinks fit; or 
	(b)	direct that a person be made a party to the application; or 
	(c)	permit a person having an interest in the matter to intervene in, and become a party to, the proceeding. 
	(3)	If the court makes a declaration under this section, it may include in the declaration the particulars in relation to the adoption, the adopted person and the adoptive parent or parents that the court finds to be established. 
	(4)	For the law of  the Territory, a declaration under this section binds—
	(a)	the Territory, whether or not notice was given to the Attorney‑General; and
	(b)	a person who was a party to the proceeding for the declaration or a person claiming through a party to the proceeding; and 
	(c)	a person to whom notice of the application for the declaration was given or a person claiming through a person given notice.
	(5)	For the law of the Territory, a declaration under this section does not affect—
	(a)	the rights of a person not mentioned in subsection (4); or 
	(b)	an earlier judgment, order or decree of a court or other body of competent jurisdiction. 
	(6)	In a proceeding in a court of the Territory, the production of a certified copy of a declaration made under this section is evidence—
	(a)	of the facts stated in, and the matters appearing from, the order mentioned in subsection (1); and 
	(b)	that the adoption complies with section 57L. 
29	Definitions—pt 5
Section 58, definitions of associated person, birth parent, birth relative and identifying information
substitute
associated person, in relation to an adoption, means—
	(a)	the adopted person; or
	(b)	an adoptive parent; or
	(c)	a birth parent or relative of the adopted person; or
	(d)	a child or other descendant of the adopted person.
birth parent, of an adopted person, includes anyone who was a guardian of the person before the person was adopted.
birth relative, of an adopted person, means a person who—
	(a)	was a relative of the person before the person was adopted; or 
	(b)	would have been a relative of the person if the adoption had not taken place.
identifying information, in relation to an adoption, means—
	(a)	a copy of, or an extract from, an entry in a register of births relating to the adopted person; or
	(b)	information from which a birth parent, a birth relative or the adopted person may be identified (other than information that consists of the address of a place of residence).
30	Section 59
substitute
59	Application—pt 5
	(1)	The provisions of this part (other than section 70 and section 71) apply in relation to an adoption whether the adoption order was made before or after the commencement of this Act.
	(2)	Section 70 and section 71 apply in relation to an adoption only if the adoption order was made—
	(a)	before the commencement of this Act; or 
	(b)	after the commencement of this Act but before the commencement of the Adoption Amendment Act 2009 (No 2). 
	(3)	If an adopted person is ordinarily resident in the ACT, the provisions of this part apply in relation to the adoption of the person whether the adoption order was made in the ACT or elsewhere.
31	Confidentiality of records
Section 60 (1) (c)
omit
adopted child
substitute
adopted person
32	Records of adoptions
Section 61 (3)
substitute
	(3)	For subsection (2), the associated people are the adopted person, an adoptive parent, a birth parent and the person who made the report mentioned in section 39D.
33	Restriction on entitlement to apply
Section 68 (1)
omit
adopted child
substitute
adopted person
34	Section 68 (2) (a)
omit
a person mentioned in section 18 (2)
substitute
a step-parent
35	Section 68 (3)
omit
adopted child
substitute
adopted person
36	Section 68 (4) (a)
omit
the child
substitute
the person
37	Section 68 (4) (b) and (5)
omit
adopted child
substitute
adopted person
38	Section 68 (7)
omit
the child
substitute
the person
39	Section 70
substitute
70	Objection to contact—adoptions before Adoption Amendment Act 2009 (No 2)
Note	This section applies in relation to an adoption order only if the adoption order was made before the commencement of the Adoption Amendment Act 2009 (No 2) (see s 59 (2)).
	(1)	An objection to contact (an objection) may be made by—
	(a)	an adopted person who is at least 17 years and 6 months old; or
	(b)	an adoptive parent; or
	(c)	a birth relative who is at least 18 years old; or
	(d)	an adoptive relative who is at least 18 years old; or
	(e)	a child or other descendant of an adopted person, being a child or other descendant, who is at least 18 years old; or 
	(f)	a birth parent.
	(2)	An objection—
	(a)	must state the person or a class of people (each of whom is an associated person) to whom the objection relates; and
	(b)	must be made by notice in writing lodged with the chief executive; and 
	(c)	continues in force until revoked by notice in writing lodged with the chief executive, by the person who made the objection.
	(3)	If the chief executive receives an objection or revocation, the chief executive must enter the particulars in the contact veto register.
	(4)	An objection made by a person who is under 18 years old takes effect when the person turns 18 years old.
40	Section 71
substitute
71 	Contact veto by person other than adopted person—adoptions before Adoption Amendment Act 2009 (No 2)
Note	This section applies in relation to an adoption order only if the adoption order was made before the commencement of the Adoption Amendment Act 2009 (No 2) (see s 59 (2)).
	(1)	A contact veto may be lodged by a parent on behalf of a person who is under 18 years old if—
	(a)	the person is not an adopted person; and 
	(b)	the person would be entitled to lodge an objection on turning 18 years old.
	(2)	A contact veto lodged under subsection (1) remains in force until—
	(a)	the parent who lodged the objection revokes it; or
	(b)	the person on whose behalf the objection was lodged turns 18 years old.
	(3)	A person may lodge a contact veto if the person—
	(a)	is not an adopted person; and 
	(b)	is at least 17 years and 6 months old.
	(4)	A contact veto lodged under subsection (3) comes into effect when the person turns 18 years old.
41	Counselling services
Section 72, new note
 insert
Note	An objection to contact under s 70 may be made in relation to an adoption only if the adoption order was made before the commencement of the Adoption Amendment Act 2009 (No 2).
42	Section 73
substitute
73	Declaration that contact not be attempted
	(1)	This section applies if—
	(a)	a person stated in, or included in a class of people stated in, an objection to contact or contact veto requests information under section 67 (1); and
	(b)	an objection to contact or contact veto has been made under section 70 or section 71; and
	(c)	the objection to contact or contact veto has not been revoked. 
Note	An objection to contact under s 70 and a contact veto under s 71 may only be made in relation to an adoption order made before the commencement of the Adoption Amendment Act 2009 (No 2).
	(2)	The chief executive must not divulge the information unless the person requesting the information—
	(a)	has attended a counselling service under section 72; and
	(b)	signs a declaration that he or she will not—
	(i)	contact or attempt to contact the person who lodged the objection; or
	(ii)	arrange or attempt to arrange contact with that person; or
	(iii)	procure another person to contact, attempt to contact, or attempt to arrange contact with, that person.
43	Birth details of adopted person born overseas
Section 74
omit
adopted child
substitute
adopted person
44	Section 74
omit
the child
substitute
the person
45	Section 74
omit
the child’s
substitute
the person’s
46	Section 77 heading
substitute
77	Family information service
47	Section 77 (1)
omit
adoption information service
substitute
family information service
48	Interfering with upbringing of child 
Section 91 (b)
omit
a person referred to in section 18 (2)—otherwise than in accordance with the approval of the chief executive or in accordance with division 3.3
substitute
a step-parent—otherwise than in accordance with the approval of the chief executive or with division 3.7
49	Registration of orders
Section 104 (2) (b)
omit
a child
substitute
a person
50	Particulars of interstate orders
Section 106
omit
child
substitute
person
51	New section 108A
insert
108A	Financial support of adopted children and young people
	(1)	This section applies if—
	(a)	a child or young person is adopted in the ACT; and
	(b)	the child or young person is ordinarily resident in the ACT; and
	(c)	before the adoption order was made—
	(i)	the chief executive had daily care responsibility or long‑term care responsibility for the child or young person under the Children and Young People Act 2008; or
	(ii)	the adoptive parents had daily care responsibility or long‑term care responsibility for the child or young person as foster carers under the Children and Young People Act 2008; or
	(iii)	the adoptive parents had daily care responsibility or long‑term care responsibility for the child or young person as kinship carers under the Children and Young People Act 2008.
	(2)	The chief executive may provide financial support to the adoptive parents of the child or young person if—
	(a)	the child or young person has complex or high needs; and 
	(b)	the adoptive parents require financial assistance to help manage the child’s or young person’s needs; and 
	(c)	the financial burden of meeting the child’s or young person’s needs without any financial assistance might prevent an adoption order which would otherwise be in the best interests of the child or young person.
	(3)	Support provided under this section must be reviewed by the chief executive every 12 months.
52	Contents of reports not to be disclosed 
Section 113
omit
section 19
substitute
section 39D
53	Regulation-making power
Section 121 (2) (d)
omit
children
substitute
people
54	New part 20
insert
Part 20	Transitional—Adoption Amendment Act 2009 (No 2)
200	Definitions—pt 20
In this part:
amended Act means the Adoption Act 1993 as in force immediately after the commencement of the amending Act.
amending Act means the Adoption Amendment Act 2009 (No 2).
commencement day means the day this part commences.
pre-amendment Act means the Adoption Act 1993 as in force immediately before the commencement day.
201	Proceeding not completed before commencement day
	(1)	This section applies if, before the commencement day—
	(a)	a proceeding had been started in the court under the pre‑amendment Act; and
	(b)	the proceeding had not been completed.
	(2)	The amended Act applies in relation to the proceeding.
	(3)	However, the amendments of section 31 (1) (a) and (b) do not apply in relation to an instrument of consent signed before the commencement day.
Note	The amendments of s 31 (1) (a) and (b) reduce the time for filing a notice of revocation from 30 days to 28 days after the instrument of consent is signed.
202	Consents to which s 34 (3) applies
The amendment of section 34 (3) made by the amending Act applies only in relation to a consent signed after the commencement day.
Note	The amendment of s 34 (3) increases the time before a notice of consent can be signed from 7 days to 28 days after the birth of the child.
203	Request for placement not decided before commencement day
	(1)	This section applies if, before the commencement day—
	(a)	a request has been made to the chief executive for custody of a child under the pre-amendment Act, section 16; and
	(b)	the chief executive has not made a decision in relation to the request.
	(2)	The request is taken to be a request under the amended Act, section 35A.
204	Placement in force before commencement day
A placement in force immediately before the commencement day under the pre-amendment Act, section 16 is taken to be a placement under the amended Act, section 35A.
205	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Adoption Amendment Act 2009 (No 2).
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
206	Expiry—pt 20
	(1)	This part expires 2 years after the commencement day.
	(2)	This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
55	New schedule 1
insert
Schedule 1	Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 
 (dict, def Convention)
The States signatory to the present Convention, 
Recognising 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, 
Recognising 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 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 I—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 recognised in international law, 
	(b)	to establish a system of cooperation 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
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 
	(c)	have determined that the child is or will be authorised 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 cooperate with each other and promote cooperation 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—
	(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 authorised 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. 
	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— 
	(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 authorised 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— 
	(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 person 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 provided 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). 
	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 recognised 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 recognise 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 recognised, 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 recognises 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 recognises 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 consent 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 
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 person 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 authorised 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. 
	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 
	(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 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 whereof the undersigned, being duly authorised thereto, have signed this Convention. 
Done at The Hague, on the twenty-ninth 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. 
56	Dictionary, note 2
insert
·	parent
57	Dictionary, definition of Aboriginal child 
omit
58	Dictionary, new definition of Aboriginal or Torres Strait Islander child or young person
insert
Aboriginal or Torres Strait Islander child or young person means a child or young person at least 1 of whose parents is a person who—
	(a)	is descended from an Aborigine or Torres Strait Islander; and
	(b)	identifies as an Aborigine or Torres Strait Islander; and
	(c)	is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Islander community.
59	Dictionary, definition of Aborigine 
omit
60	Dictionary, new definition of adoption compliance certificate
insert
adoption compliance certificate means—
	(a)	in division 4A.2—a certification (however described) issued in accordance with the Convention, article 23; or
	(b)	in division 4A.3—a document issued in accordance with the Commonwealth Bilateral Arrangements Regulations.
61	Dictionary, definition of adoption order
substitute
adoption order means an  order for the adoption of a person made under this Act.
62	Dictionary, new definition of central authority
insert
central authority, for a Convention country, means an entity designated for the Convention country under the Convention, article 6.
63	Dictionary, definition of child
substitute
child, if age rather than descendancy is relevant, means a person who is under 12 years old.
64	Dictionary, new definitions
insert
Commonwealth Bilateral Arrangements Regulation means the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 1998 (Cwlth). 
Commonwealth central authority has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth). 
competent authority means—
	(a)	for a prescribed overseas jurisdiction—an entity in that country responsible for approving the adoption of children or young people; and 
	(b)	for the ACT—the chief executive. 
Convention means the Convention on Protection of Children and Cooperation 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. 
Convention country—see the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth), regulation 4.
Note	For the purposes of reg 4 Australia is not a Convention country.
65	Dictionary, definition of country
substitute
country includes part of a country. 
66	Dictionary, definition of guardian, paragraph (c)
omit
welfare
substitute
wellbeing
67	Dictionary, new definition of intercountry adoption
insert
intercountry adoption means the adoption—
	(a)	by a person habitually resident in the ACT of a non-citizen child or young person from a country outside Australia; or
	(b)	by a person habitually resident in a country outside Australia of a child or young person habitually resident in the ACT.
68	Dictionary, new definitions
insert
non-citizen child or young person has the same meaning as non‑citizen child in the Immigration (Guardianship of Children) Act 1946 (Cwlth).  
prescribed overseas jurisdiction means a jurisdiction mentioned in the Commonwealth Bilateral Arrangements Regulation, schedule 1.
69	Dictionary, new definition of register of suitable people
insert
register of suitable people means the register kept under section 19. 
70	Dictionary, definition of responsible person
substitute
responsible person, in relation to an Aboriginal or Torres Strait Islander child or young person, means—
	(a)	a person who, in accordance with the traditions and customs of the Aboriginal or Torres Strait Island community of which the child or young person is a member, has responsibility for, or an interest in, the wellbeing of the child or young person; or
	(b)	if the child or young person is not in the custody of any person or is in the custody of a person who is not either a parent of the child or young person or a member of an Aboriginal or Torres Strait Island community—a person who, in accordance with the traditions and customs of the Aboriginal or Torres Strait Island community of which a parent of the child or young person is or was a member, has responsibility for, or an interest in, the wellbeing of the child or young person.
71	Dictionary, new definitions
insert
State central authority, for the ACT, means the authority mentioned in section 55.
step-parent, of a child or young person, means a person who— 
	(a)	is not a parent of the child or young person; and
	(b)	whether married or not, has lived in a domestic partnership for not less than 3 years with a parent of the child or young person.
young person means—
	(a)	a person who is 12 years old or older, but not yet an adult; and
	(b)	in relation to an application for an adoption order—a person who is an adult but for whom the application for an adoption order was filed in the court before the person became an adult.
Note	Adult is defined in the Legislation Act, dict, pt 1.
72	Further amendments, mentions of child
omit
child
substitute
child or young person
in
·	section 29
·	sections 31 to 33
·	section 35
·	sections 38 to 42
·	section 46 
·	section 50
·	section 52 
·	section 86
·	sections 89 to 91
·	section 94 (1)
·	sections 95 to 97
·	section 99
·	section 101
·	section 103
·	section 107
·	section 108
·	section 121
·	dictionary, definition of guardian
·	dictionary, definition of relative
73	Further amendments, mentions of child’s
omit
child’s
substitute
child’s or young person’s
in
·	section 46
·	section 103
74	Further amendments, mentions of children
omit
children
substitute
children or young people
in
·	section 38 (4)
·	section 81
·	section 82
·	section 85
·	section 88

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Adoption Regulation 1993
[1.1]	Section 10
omit
[1.2]	Section 13
substitute
13	Maintenance of records
For the Act, section 61 (4), all adoption records held by a private adoption agency must be kept in a lockable, fire-resistant steel cabinet.
Note	Adoption records held by the chief executive must be held in accordance with the Territory Records Act 2002.
[1.3]	Schedule 2, item 1
substitute
1	Act, 18	refuse to approve application under section 18	applicant for approval	
1A	Act, 19	removal of person’s name from register under section 19	person whose name was removed 	
Part 1.2	Children and Young People Act 2008
[1.4]	Section 456 (5)
omit
section 21
substitute
section 39G
Part 1.3	Discrimination Act 1991
[1.5]	Section 25A (a), (b) and (c)
substitute
	(a)	under the Adoption Act 1993, section 18 in relation to the approval of a person to be registered as suitable for the placement of a child or young person for adoption; or
	(b)	under the Adoption Act 1993, section 19 in relation to the removal of a person’s name from the register of suitable people; or
	(c)	under the Adoption Act 1993, section 35A in relation to the placement of a child or young person before adoption in the care of a person who is on the register of suitable people.
Part 1.4	Parentage Act 2004
[1.6]	Section 29 (3)
omit
·	section 49 (Gifts inter vivos) 
substitute
·	section 49 (Gifts between living people)
Part 1.5	Testamentary Guardianship Act 1984
[1.7]	Section 7 (2)
substitute
	(2)	Nothing in this Act is to be taken to affect the operation of the following sections of the Adoption Act 1993:
·	section 8 (Rules of private international law not to apply)
·	section 43 (General effect)
·	section 53 (Recognition of Australian adoptions)
·	section 57L (Recognition of adoption order made outside Australia).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 27 August 2009.
2	Notification
	Notified under the Legislation Act on 22 October 2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Adoption Amendment Bill 2009 (No 2), which originated in the Legislative Assembly as the Adoption Amendment Bill 2009 and was passed by the Assembly on 13 October 2009. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2009