As in force on
10 May 2000

Australian Capital Territory

Adoption Regulations
in force under the
Adoption Act 1993
CONTENTS
	Page
part i—preliminary
	1	Citation	1
	2	Commencement	1
	3	Interpretation	1
Part II—the Adoption list
	4	Adoption list—requests for inclusion	3
Part III—Consents
	5	Form of consent	4
	6	Conditions for signing	4
	7	Primary and secondary witnesses	4
	8	Functions of primary witness	5
	9	Functions of secondary witness	5
part iv—access to information
	10	Prescribed information—incest and sexual assault	6
part v—adoption records
	11	Particulars to be given to chief executive by private adoption agencies following adoption orders	7
	12	Transfer of private agency records to chief executive	8
	13	Maintenance of records	8
part vi—private adoption agencies
	14	Application for approval	9
	15	Alteration of objects, structure or trusts of private adoption agency	10
	16	Principal officer	11
	17	Persons acting for or on behalf of private adoption agency	11
	18	Adoption of overseas children	11
	19	Residential premises	11
	20	Storage of information	11
	21	Application of Commonwealth Privacy Act	12
Part Vii—Registration of adoptions
	22	Register of adoptions	13
	23	Registration	13
	24	Access to information from register of adoptions	14
	25	Re-registration of birth of adopted child	14
	26	Correction of errors in register of adoptions	15
	27	Cancellation of entries in register of adoptions	16
	28	Offences relating to registration	16
	29	Memoranda of orders sent to States and other Territories	16
	30	Notice of decisions	17
	30A	Review of decision	17
	31	Determination of fees	17
	Schedule 1	18
	FORMS
	SCHEDULE 2	23
	REGISTERING OFFICERS
	ENDNOTES
	1	About this republication	24
	2	Abbreviation key	24
	3	Table of legislation	25
	4	Table of amendments	25
	5	Table of earlier republications	25

As in force on
10 May 2000

Australian Capital Territory

Adoption Regulations
in force under the
Adoption Act 1993

part i—preliminary
1 	Citation
	These Regulations may be cited as the Adoption Regulations.1
2 	Commencement
(1)		Regulation 1 and this regulation commence on the day on which these Regulations are notified in the Gazette.
(2)		The remaining regulations commence on 31 July 1993.
3 	Interpretation
(1)		In these Regulations, unless the contrary intention appears—
Act means the Adoption Act 1993.
adoption list means the register kept by the chief executive under paragraph 15 (a) of the Act.
adoption record means—
	(a)	a document;
	(b)	a database (however kept); or
	(c)	a photograph or other pictorial representation of a person;
that contains personal information about a person applying to adopt a child, or a person relinquishing a child for adoption.
determined fee means the fee determined under regulation 31 for the purpose of the provision in which the expression occurs.
primary witness means a person referred to in subregulation 7 (2).
register of adoptions means the register kept under regulation 22.
secondary witness means a person referred to in subregulation 7 (3).
(2)		A reference in these regulations to a form by number is to be taken to be a reference to the form in the Schedule having that number.

Part II—the Adoption list
4 	Adoption list—requests for inclusion
	For the purposes of subsection 16 (1) of the Act, a request by applicants for inclusion in the adoption list shall state—
	(a)	in relation to each applicant:
	(i)	full name;
	(ii)	usual place of residence;
	(iii)	occupation;
	(iv)	date and place of birth;
	(v)	domicile;
	(vi)	religion (if any);
	(vii)	state of health;
	(viii)	financial circumstances;
	(b)	the length of the applicants’ relationship;
	(c)	in relation to each applicant’s children, if any (whether birth children or adopted children):
	(i)	sex and date of birth;
	(ii)	the state of health of any living child;
	(iii)	if any child has died—the date of death;
	(d)	the likelihood of any children being born to the applicants in the future;
	(e)	whether either applicant has ever been refused an adoption order;
	(f)	whether an adoption order or interim order in either applicant’s favour has been discharged;
	(g)	whether the applicants’ names are entered on a list of persons seeking to adopt a child in another State or Territory; and
	(h)	if paragraph (g) applies—particulars of the entry on the relevant adoption list.

Part III—Consents
5 	Form of consent
	For the purposes of section 30 of the Act, an instrument of consent shall be—
	(a)	in the case of a general consent—in accordance with Form 1; 
	(b)	in the case of a limited consent—in accordance with Form 2; and
	(c)	accompanied by the statutory declaration referred to in paragraph 6 (b).
6 	Conditions for signing
	A person shall not sign an instrument of consent unless he or she—
	(a)	received a copy of the form of consent no later than 14 days before the date on which the consent is signed; 
	(b)	has signed a statutory declaration stating that he or she is the parent or guardian of the child; and 
	(c)	has shown the declaration to the primary witness to the signing of the instrument.
7	Primary and secondary witnesses
(1)		For the purposes of section 30 of the Act, an instrument of consent shall be signed in the presence of, and shall be attested by, a primary witness and a secondary witness.
(2)		A primary witness shall be—
	(a)	in the case of an instrument signed in Australia—
	(i)	a Commissioner for Declarations under the Statutory Declarations Act 1959 of the Commonwealth;
	(ii)	a justice of the peace;
	(iii)	a legal practitioner (other than a legal practitioner acting for the applicants); or 
	(iv)	a social worker approved by the chief executive; or
	(b)	in the case of an instrument signed in a foreign country—
	(i)	an Australian Diplomatic Officer, or an Australian Consular Officer, within the meaning of the Consular Fees Act 1955 of the Commonwealth;
	(ii)	a judge of a court of that country;
	(iii)	a magistrate or justice of the peace of or for that country; or 
	(iv)	a notary public.
(3)		A secondary witness shall be—
	(a)	in the case of an instrument signed in Australia—a person prescribed by regulation 4 of the Statutory Declarations Regulations of the Commonwealth; or
	(b)	in the case of an instrument signed in a foreign country—a person referred to in paragraph (2) (b).
8 	Functions of primary witness
	The primary witness to the signing of an instrument of consent shall not attest to that signing unless he or she—
	(a)	has informed the person signing the instrument about the legal implications of adoption and the legal consequences of signing the instrument; and
	(b)	is satisfied that the person understands those consequences and implications.
9 	Functions of secondary witness
	The secondary witness to the signing of an instrument of consent shall not attest to that signing unless he or she is satisfied that—
	(a)	the primary witness has adequately performed his or her functions under paragraph 8 (a); and
	(b)	the person signing the instrument of consent understands the legal implications of adoption and the legal consequences of signing the instrument.

part iv—access to information
10 	Prescribed information—incest and sexual assault
	Information that discloses or indicates that an adopted child was conceived as a result of—
	(a)	an incestuous relationship; or
	(b)	a sexual assault on his or her birth mother;
is prescribed for the purposes of the definition of “information” in section 58 of the Act.

part v—adoption records
11 	Particulars to be given to chief executive by private adoption agencies following adoption orders
	For the purposes of paragraph 61 (2) (b) of the Act, the prescribed particulars are as follows:
	(a)	in relation to the adopted child:
	(i)	full name prior to the adoption;
	(ii)	sex;
	(iii)	date of birth;
	(iv)	place of birth;
	(v)	father’s full name;
	(vi)	mother’s full name;
	(vii)	mother’s maiden name (if applicable);
	(viii)	mother’s name at date of birth of the child; 
	(ix)	full name following adoption;
	(b)	in relation to each adoptive parent:
	(i)	full name;
	(ii)	place of residence;
	(iii)	occupation;
	(iv)	date of birth;
	(v)	place of birth;
	(vi)	domicile;
	(vii)	religion (if any);
	(viii)	if married—date and place of marriage; 
	(ix)	if not married—whether single or in a de facto relationship;
	(c)	in relation to each child (if any) of each adoptive parent (whether birth children or adopted children):
	(i)	sex;
	(ii)	date of birth;
	(iii)	state of health of each living child; 
	(iv)	if a child has died—date of death;
	(d)	in relation to each birth parent:
	(i)	full name;
	(ii)	date of birth;
	(iii)	date on which consent is signed;
	(iv)	whether consent is general or limited; 
	(v)	details of any express wishes contained in the consent;
	(e)	in relation to the primary witness and secondary witness to the signing of the instrument of consent:
	(i)	full name; 
	(ii)	capacity in which the instrument is witnessed;
	(f)	in relation to the person who provides the report to the court under paragraph 19 (1) (a) of the Act:
	(i)	full name;
	(ii)	qualifications;
	(iii)	relevant experience; 
	(iv)	business address.
12 	Transfer of private agency records to chief executive
	If a private adoption agency—
	(a)	ceases to exist; or
	(b)	has its approval revoked under section 85 of the Act;
the person who was the last principal officer of the agency shall not, without reasonable excuse, fail to furnish to the chief executive all adoption records kept by the agency.
Penalty:  $500.
13	Maintenance of records
(1)		For the purposes of subsection 61 (4) of the Act, adoption records created by or furnished to the chief executive shall be retained permanently by the Territory.
(2)		All adoption records held by the chief executive or a private adoption agency shall be kept in a lockable, fire-resistant steel cabinet.

part vi—private adoption agencies
14 	Application for approval
(1)		An application under section 81 of the Act by a charitable organisation for approval as a private adoption agency shall be in writing setting out the following information:
	(a)	the name of the organisation;
	(b)	the objects and purposes, or proposed objects and purposes, of the organisation;
	(c)	the place at which the organisation has its principal office;
	(d)	the facilities available at the principal office of the organisation, and in particular the availability of confidential interviewing rooms;
	(e)	the full name and address of each person taking part, or proposing to take part, in the management or control of the organisation;
	(f)	the full name and address of the person appointed as the principal officer of the organisation;
	(g)	if the organisation is incorporated—the manner and date of its incorporation;
	(h)	the proposed method of financing the agency, including a financial statement and budget estimate;
	(j)	details of the organisation’s affiliation with any body delivering child and family welfare services (including services for the care of a child for the period before his or her placement for adoption or the period after a child is removed from a failed adoption placement);
	(k)	the structure, membership and interests of the committee of the organisation responsible for—
	(i)	making recommendations on applications for approval as persons suitable to adopt a child; and
	(ii)	conducting negotiations and making arrangements with a view to the placement of children for adoption;
	(m)	the method of keeping adoption records and the arrangements made for the safekeeping of the records; 
	(n)	the numbers, qualifications, experience and duties of persons engaged, or proposed to be engaged, on behalf of the organisation to make arrangements for the adoption of children; 
	(o)	the arrangements envisaged for training staff of the organisation;
	(p)	if the agency intends to organise adoptions of children from foreign countries—what arrangements have been made for that purpose between the organisation and any relevant authorities and organisations in the foreign countries;
	(q)	the organisation’s reasons for wishing to make arrangements for the adoption of children; 
	(r)	any experience of the organisation in making arrangements for the adoption of children or related child and family welfare services.
(2)		An application under subregulation (1) shall be accompanied by—
	(a)	if the organisation is incorporated—a copy of its rules, or its articles and memorandum of association; and 
	(b)	particulars of any instrument evidencing trusts relating to the organisation, together with a copy of any such instrument.
15 	Alteration of objects, structure or trusts of private adoption agency
(1)		This regulation applies where any alteration affecting the functions of a private adoption agency in relation to adoptions, or its status as a charitable organisation, occurs in—
	(a)	the objects or purposes of the agency;
	(b)	the rules or memorandum or articles of the agency; or
	(c)	any trusts relating to the agency.
(2)		Where this regulation applies, the principal officer of the relevant agency shall give the chief executive—
	(a)	notice of the alteration;
	(b)	a copy of the instrument evidencing the alteration; 
	(c)	a statutory declaration verifying the authenticity of the copy; and
	(d)	in the case of an alteration of the objects, purposes, rules, memorandum or articles of association of the agency—a notice that the alteration—
	(i)	is authorised; and 
	(ii)	was made in the manner provided by the rules, memorandum or articles, as the case may be, of the agency.
16 	Principal officer
	A private adoption agency shall not appoint a person as principal officer of the agency unless the person—
	(a)	has obtained a tertiary qualification in social work, or in an appropriate social science, approved by the chief executive;
	(b)	has 5 years’ experience in providing child and family welfare services relevant to the adoption of children; and
	(c)	agrees to undertake any course of training that, in the opinion of the chief executive, is necessary to enable the principal officer to carry out the duties of his or her position.
17 	Persons acting for or on behalf of private adoption agency
	A private adoption agency shall not permit a person to conduct negotiations or make arrangements in relation to the adoption of children for or on behalf of the agency unless the person—
	(a)	has completed a course in social work approved by the chief executive; and
	(b)	has completed 5 years’ practical experience in social work, of which at least 3 years is relevant to the adoption of children.
18 	Adoption of overseas children
	A private adoption agency shall not conduct negotiations or make arrangements in relation to the adoption of a child brought from a foreign country for the purpose of adoption in the Territory unless the requirements of subsection 20 (2) of the Act have been complied with.
19 	Residential premises
	A private adoption agency shall not be conducted from premises normally used for residential purposes.
20 	Storage of information
	A private adoption agency shall ensure that its adoption records are protected by reasonable security safeguards against—
	(a)	loss;
	(b)	unauthorised access, use, modification or disclosure; and
	(c)	other misuse.
21 	Application of Commonwealth Privacy Act
	A private adoption agency shall not do an act, or engage in a practice, that would, if it were an agency for the purposes of the Privacy Act  1988 of the Commonwealth, breach an Information Privacy Principle within the meaning of that Act.
Penalty:  $500.

Part Vii—Registration of adoptions
22 	Register of adoptions
(1)		The Registrar‑General shall keep a register of adoptions for the purposes of the Act and these Regulations.
(2)		The register of adoptions kept by the Registrar‑General under paragraph 56 (a) of the Adoption of Children Act 1965 before the commencement of section 3 of the Adoption Act 1993 is to be taken to form part of the register of adoptions kept under subregulation (1).
(3)		The Registrar‑General shall keep an index of the entries in the register of adoptions.
23 	Registration
(1)		A memorandum of an adoption order shall be in accordance with Form 3.
(2)		The Registrar‑General shall register a memorandum of an adoption order by entering particulars of the adoption in the register of adoptions.
(3)		Where the Registrar‑General receives a memorandum or copy of an adoption order made under a law in force in a State or in another Territory, he or she shall register it by entering particulars of the adoption in the register of adoptions.
(4)		Where the Registrar‑General receives a copy of an order, made under the Act or made under a law of a State or another Territory, for the discharge of an adoption order that has been registered in the register of adoptions, he or she shall register it by entering particulars of the discharge on the page of the register of adoptions on which the adoption order was registered.
(5)		The Registrar‑General shall register a copy of an adoption order declared by the Court under section 57 of the Act to be an adoption to which section 55 of the Act applies by entering the relevant particulars in the register of adoptions.
24 	Access to information from register of adoptions
(1)		The Registrar‑General shall only allow a person to have access to the register of adoptions or to any memorandum or copy of an adoption order or an order discharging an adoption order—
	(a)	in accordance with an order of the Court; 
	(b)	if the Registrar‑General is satisfied that the access is properly required for the purpose of providing evidence in proceedings under the Family Law Act 1975 of the Commonwealth; or
	(c)	pursuant to this regulation.
(2)		On application in accordance with subregulation (3) by an adopted person born in a foreign country or by an adoptive parent of such an adopted person, the Registrar‑General shall issue the applicant with a certificate in the form of an entry in the register of births.
(3)		An application under subregulation (2) shall—
	(a)	state any information required by the Registrar‑General for the purpose of issuing the certificate; and
	(b)	be accompanied by the determined fee.
(4)		In this regulation—
“access”, in relation to the register of adoptions or a memorandum or copy of an adoption order or an order discharging an adoption order, includes—
	(a)	inspection of the register or such a memorandum or copy;
	(b)	in the case of the register—provision of an extract from the register; and
	(c)	in the case of a memorandum of an order or a copy of a memorandum of an order—provision of a copy of, or an extract from, such a memorandum or copy.
25 	Re-registration of birth of adopted child
(1)		Where an order for the adoption of a child born in the Territory has been registered in the register of adoptions, the Registrar‑General shall re-register the birth of the child by entering in the register of births—
	(a)	particulars, ascertained from the memorandum or copy of the adoption order—
	(i)	of the child’s name after adoption;
	(ii)	of the sex, date and place of birth of the child; and
	(iii)	of the adoptive parents or parent; and
	(b)	a notation to the entry, signed and dated by the Registrar‑General, to the effect that the birth of the child is registered under this regulation.
(2)		Where, in respect of a child born in the Territory, an order discharging an adoption order has been registered in the register of adoptions, the Registrar‑General shall—
	(a)	make a notation accordingly on the page in the register of births on which the birth of that child has been re-registered under subregulation (1); and
	(b)	re-register the birth of that child accordingly.
(3)		The notation referred to in subregulation (1) or (2) shall not be included on any copy of, or extract from, an entry in the register of births issued by the Registrar‑General.
(4)		Where the Registrar‑General re-registers the birth of an adopted child under this regulation, he or she shall sign and date a notation, written on the page of the register of births which contains the original entry of the birth, to the effect that the birth of the child has been re-registered under this regulation on a specified page of the register.
(5)		Where an adoption order relates to a child who has previously been adopted, the Registrar‑General shall re-register the birth of the child as if the entry relating to the previous adoption of that child were the original entry of the birth of that child.
(6)		This regulation has effect, in relation to an adoption order, or an order discharging an adoption order, made under the repealed laws and in force on 31 July 1993 as if the relevant order had been made under the Act.
26 	Correction of errors in register of adoptions
(1)		Where the Registrar‑General is satisfied that the register of adoptions contains an error or mis-statement in, or an omission from, any particulars entered under these Regulations, he or she shall correct the register accordingly.
(2)		Where the Registrar‑General corrects an entry in the register of adoptions under subregulation (1), he or she shall sign his or her name immediately under the correction and write the date on which the correction was made.
27 	Cancellation of entries in register of adoptions
(1)		Where the Registrar‑General is satisfied that an entry in the register of adoptions is false, he or she shall cancel the entry by writing in the margin of the entry the words “Cancelled under regulation 27 of the Adoption Regulations”, signing his or her name immediately under those words and writing the date on which the entry was cancelled.
(2)		The Registrar‑General shall not cancel an entry in the register of adoptions—
	(a)	if the entry can be corrected under regulation 26; or
	(b)	unless the Attorney-General, or a person authorised by the Attorney-General, has approved, in writing, the cancellation of the entry. 
28 	Offences relating to registration
(1)		A person shall not—
	(a)	destroy, deface or damage the register of adoptions; or
	(b)	obtain the re-registration of the birth of an adopted child otherwise than in accordance with these Regulations.
Penalty:  $500.
(2)		The Registrar‑General shall not—
	(a)	omit or refuse, without reasonable cause, to register in the register of adoptions in accordance with this Part an adoption order or an order discharging an adoption order;
	(b)	omit, or refuse, without reasonable cause, to re-register in the register of births in accordance with this Part the birth of an adopted child who was born in the Territory; or
	(c)	enter any particulars in the register of adoptions if those particulars are, to his or her knowledge, false or misleading in a material particular.
29 	Memoranda of orders sent to States and other Territories
(1)		A memorandum of an order for the adoption of a child whose birth the Registrar of the Court has reason to believe is registered in a State or in another Territory of the Commonwealth shall be in accordance with Form 3.
(2)		The prescribed officer of a State or of a Territory specified in Column 1 of Schedule 2 to these Regulations to whom a memorandum of an order, or copy of the discharge of an order, for the adoption of a child born in that State or Territory is to be sent under section 105 of the Act is the officer of that State or Territory specified in Column 2 of that Schedule opposite the name of that State or Territory.
30 	Notice of decisions
(1)		Where the chief executive makes a decision—
	(a)	refusing to approve a tertiary qualification in social work, or in an appropriate social science under paragraph 16 (a); or
	(b)	refusing to approve a course in social work under paragraph 17 (a);
he or she shall cause notice in writing of the decision to be given to the person affected by the decision.
(2)		A notice under subregulation (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
30A	Review of decision
	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the chief executive under—
	(a)	paragraph 16 (a); or
	(b)	paragraph 17 (a).
31 	Determination of fees
(1)		The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of these Regulations.
(2)		A determination under subregulation (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

Schedule 1
FORMS
	    Form 1	Paragraph 5 (a)
Australian Capital Territory
Adoption Act 1993
GENERAL Consent of parent or guardian to adoption
I [full name and address of person consenting and the capacity in which the person’s consent is required] hereby consent, subject to the desires or wishes expressed below, to the adoption of [name in which the birth of the child to be adopted is registered] born [date and place of birth] by any person or persons in accordance with the law of the Australian Capital Territory.
I received this form no later than 14 days ago.
[*I have read/*There has been read to me] the explanation set out below of the effect of an adoption order.
I have received information on the legal implications of adoption and I understand the legal consequences of signing this consent for the adoption of my child.

Religious upbringing
	*I desire that my child be brought up in the [name of religion].
	*I do not desire to express a wish with respect to the religious upbringing of my child.

Racial or ethnic background of adoptive parents
	*I desire that my child [*be/*not be] brought up by a proposed adoptive parent, or proposed adoptive parents with the following racial or ethnic background: [specify].
	*I do not wish to express a wish with respect to the racial or ethnic background of the proposed adoptive parent, or proposed adoptive parents, of my child.

Single adoptive parent
	*I desire that my child [*be/*not be] brought up by a single person.
	*I do not desire to express a wish with respect to whether or not my child is brought up by a single person.

Date:
Signature:

Attestation of primary witness
1.	I have informed [name of person signing the instrument] about the legal implications of adoption and the legal consequences of signing the instrument.
2.	I am satisfied that [name of person signing the instrument] understands the legal implications of adoption and the legal consequences of signing this instrument.
3.	I have witnessed [name] sign this instrument.
Date:
Signed:
Capacity under subregulation 7 (2) of the Adoption Regulations in which instrument is witnessed:

Attestation of secondary witness
1.	[Name primary witness] has adequately informed [name of person signing the instrument] about the legal implications of adoption and the legal consequences of signing the instrument.
2.	I am satisfied that [name of person signing the instrument] understands the legal implications of adoption and the legal consequences of signing this instrument.
3.	I have witnessed [name] sign this instrument.
Date:
Signature of secondary witness:
Capacity under subregulation 7 (3) of the Adoption Regulations in which instrument is witnessed:
Dated:
*  Strike out where inapplicable

Effect of adoption order
Upon the making of an adoption order—
	(a)	the adopted child becomes in contemplation of law a child of the adoptive parents, and the adoptive parents become in contemplation of law the parents of the child as if the child had been born to the adoptive parents;
	(b)	the adopted child ceases to be a child of the birth parents or of any person who was an adoptive parent before the making of the adoption order, and any such person ceases to be a parent of the child;
	(c)	any existing appointment of a person as guardian of the adopted child ceases to have effect;
	(d)	any previous adoption of the child (whether under a law of the Territory or otherwise) ceases to have effect;
	(e)	for the purposes of any law of the Territory relating to an offence of child sexual abuse, the adoption order will not affect the liability of the birth parents for prosecution for an offence occurring before or after the adoption; 
	(f)	rights in respect of property and succession to property are determined according to the relationships created by the adoption, but property rights acquired before the commencement of the Act or under subsection 48 (1) of the Act are not affected;
	(g)	the child acquires the domicile of the adoptive parents, but the child’s race, nationality and citizenship are not affected; and
	(h)	a maintenance order, or an agreement, made before the adoption order, by which the alleged birth father of the child is to make payments for the maintenance of the child ceases to have any further effect (except as to arrears owing).

	Form 2	Paragraph 5 (b)
Australian Capital Territory
Adoption Act 1993
LIMITED Consent of parent or guardian to adoption
I [full name and address of person consenting and the capacity in which the person’s consent is required] hereby consent to the adoption of [name in which the birth of the child to be adopted is registered] born [date and place of birth] by—
	*(a)	[full name and address of a particular person  who is a relative of the child];
	*(b)	[full name and address of a person who has been appointed as a guardian of the child by order of a court];
	*(c)	[full name and address of a person in whose custody the child has been placed by the Director in accordance with a law of the Territory];
	*(d)	[full name and address of a person who is not a parent of the child but has lived with the parent of the child in a heterosexual relationship for a period of not less than 3 years].
I received this form no later than 14 days ago.
[*I have read/*There has been read to me] the explanation set out below of the effect of an adoption order.
I have received information on the legal implications of adoption and I understand the legal consequences of signing this consent for the adoption of my child.

Religious upbringing
	*I desire that my child be brought up in the [name of religion].
	*I do not desire to express a wish with respect to the religious upbringing of my child.
	
Date:
Signature:

Attestation of primary witness
1.	I have informed [name of person signing the instrument] about the legal implications of adoption and the legal consequences of signing the instrument.
2.	I am satisfied that [name of person signing the instrument] understands the legal implications of adoption and the legal consequences of signing this instrument.
3.	I have witnessed [name] sign this instrument.
Date:
Signed:
Capacity under subregulation 7 (2) of the Adoption Regulations in which instrument is witnessed:

Attestation of secondary witness
1.	[Name primary witness] has adequately informed [name of person signing the instrument] about the legal implications of adoption and the legal consequences of signing the instrument.
2.	I am satisfied that [name of person signing the instrument] understands the legal implications of adoption and the legal consequences of signing this instrument.
3.	I have witnessed [name] sign this instrument.
Date:
Signature of secondary witness:
Capacity under subregulation 7 (3) of the Adoption Regulations in which instrument is witnessed:
Dated:
*  Strike out where inapplicable

Effect of adoption order
Upon the making of an adoption order—
	(a)	the adopted child becomes in contemplation of law a child of the adoptive parents, and the adoptive parents become in contemplation of law the parents of the child as if the child had been born to the adoptive parents;
	(b)	the adopted child ceases to be a child of the birth parents or of any person who was an adoptive parent before the making of the adoption order, and any such person ceases to be a parent of the child;
	(c)	where the order is made in favour of a person referred to in subsection 18 (2) of the Act—the relationship of the child with the parent referred to in that subsection is not affected;
	(d)	any existing appointment of a person as guardian of the adopted child ceases to have effect;
	(e)	any previous adoption of the child (whether under a law of the Territory or otherwise) ceases to have effect;
	(f)	for the purposes of any law of the Territory relating to an offence of child sexual abuse, the adoption order will not affect the liability of the birth parents for prosecution for an offence occurring before or after the adoption; 
	(g)	rights in respect of property and succession to property are determined according to the relationships created by the adoption, but property rights acquired before the commencement of the Act or under subsection 48 (1) of the Act are not affected;
	(h)	the child acquires the domicile of the adoptive parents, but the child’s race, nationality and citizenship are not affected; and
	(j)	a maintenance order, or an agreement, made before the adoption order, by which the alleged birth father of the child is to make payments for the maintenance of the child ceases to have any further effect (except as to arrears owing).

	Form 3	Subregulations 23 (1) and 29 (1)
Australian Capital Territory
Adoption Act 1993
memorandum of adoption order
		No.          of [year]
		Date of adoption order:
In the Supreme Court 	 
	of the Australian Capital Territory	

Particulars of Adopted Child		
Full name before adoption			
Sex			
Date of birth			
Place of birth			
Father’s full name			
Mother’s full name			
Mother’s full maiden name			
Mother’s surname at date of birth of adopted child	 		
Full name of child after adoption			
Particulars of Adopting Parents		
Full name of adopting father			
Occupation			
Address			
Place of birth			
Age at date of birth of adopted child			
Full name of adopting mother			
Occupation			
Address			
Place of birth			
Age at date of birth of adopted child			
*When and where married			
*Previous issue of marriage—
(a)   living (names and ages)	

(b)   deceased:      males,      females			
*  Strike out where inapplicable
Date:					,
	Registrar of the Supreme Court

	SCHEDULE 2	Subregulation 29 (2)
	REGISTERING OFFICERS
State or Territory	Registering Officer	
New South Wales............................................	Principal Registrar of Births, Deaths and Marriages	
Queensland....................................................	Registrar-General	
South Australia...............................................	Principal Registrar of Births, Deaths and Marriages	
Tasmania......................................................	Registrar of Births, Deaths and Marriages	
Victoria........................................................	Government Statist	
Western Australia............................................	Registrar-General	
Christmas Island.............................................	Registrar-General of Births, Deaths and Marriages	
Cocos (Keeling) Islands....................................	Registrar-General of Births, Deaths and Marriages	
Norfolk Island................................................	Registrar of Births, Deaths and Marriages	
Northern Territory...........................................	Registrar of Births, Deaths and Marriages	

ENDNOTES
1	About this republication
This is a republication of the Adoption Regulations as in force under the Adoption Act 1993 on 10 May 2000.  It includes all amendments made to the regulations up to Act 1999 No 64.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	

Adoption Regulations	1993 No 31	30 July 1993	regs 1 and 2:  30 July 1993
remainder:  31 July 1993		
Registrar-General 
(Consequential Provisions)
Act 1993	1993 No 64	6 Sept 1993	ss 1 and 2:  6 Sept 1993
remainder:  1 Oct 1993 (see s 2 (2) and Gaz 1993 No S207)	—	
	1994 No 7	22 Mar 1994	22 Mar 1994	—	
Administrative Appeals (Consequential Amendments)
Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:  14 Nov 1994 (see s 2 (2) and Gaz 1994 No S250)	—	
Legal Practitioners 
(Consequential Amendments)
Act 1997	1997 No 96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder:  1 June 1998 (see s 2 (2))	—	
Children and Young People (Consequential Amendments)
Act 1999
	1999 No 64	10 Nov 1999	10 May 2000
(see s 2 (2))	—	
4	Table of amendments

Provision	How affected*

reg 3	am Act 1999 No 64 s 4 sch 3
reg 7	am Act 1997 No 96; Act 1999 No 64 s 4 sch 3
regs 12, 13	am Act 1999 No 64 s 4 sch 3
regs 15-17	am Act 1999 No 64 s 4 sch 3
regs 22-28	am Act 1993 No 64
reg 30	am 1994 No 7; 1994 No 60; Act 1999 No 64 s 4 sch 3
reg 30A	ins 1994 No 7
	am 1994 No 60; Act 1999 No 64 s 4 sch 3

5	Table of earlier republications
Republication No	Amendments  to	Republication date	
(1)	Act 1994 No 60	31 January 1995	

This republication has been authorised by the Parliamentary Counsel and published by or on behalf of the Government Publisher

©  Australian Capital Territory 2000

The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.