recent changes to the Adoption Act 2000
The Adoption Amendment Act 2008 was passed by NSW Parliament on 27 November 2008. The Act commenced on 1 January 2009 except for the adoption information provisions, which will commence on 1 January 2010.
The Act introduced changes to make adoption easier and fairer for couples wishing to adopt, and to protect the rights and interests of children.
The following are some of the changes resulting from the Adoption Amendment Act 2008.
adopting children from overseas
Families wishing to adopt a child from overseas will be able to apply directly to the Supreme Court for an adoption order without first obtaining consent from DoCS. DoCS will no longer need to provide a report to the Court. The Court will be able to accept a report from a private adoption assessor approved by DoCS.
step-parents and relatives seeking to adopt
The duration of the relationship between step-parents or relatives and the child to be adopted will be reduced to two years. DoCS will no longer need to provide reports to the Court.
The family can provide a report from a private adoption assessor approved by DoCS. The Court will be able to request a report from DoCS in the case of step-parent, relative or intercountry adoption where it considers there may be potential child protection concerns.
Aboriginal adoption
Aboriginal communities and agencies will have a greater role in the adoption of Aboriginal children.
As well as existing safeguards and protections, a local community-based Aboriginal organisation will need to be consulted before an Aboriginal child is placed for adoption.
Where it is determined that adoption is in the child’s best interests, the organisation will be consulted to ensure the child’s adoption plan adequately provides for maintaining the child’s cultural identity and links with cultural heritage.
eligibility and assessment criteria for adoptive parents
The eligibility and assessment criteria for prospective adoptive parents will be less prescriptive and will take into account adoptive parenting skills, qualities and support networks.
Applications from people pursuing fertility treatments will now be accepted. Couples who are pregnant will remain ineligible to adopt.
In the interests of transparency, the new eligibility and assessment criteria will be included in the Adoption Regulation 2003.
access to information
In the case of future adoptions, it will now be easier for adopted persons, adoptive parents and birth parents to access records about the adoption before the adopted person is 18 years of age. This will help adopted children to have an accurate picture of their identity from an early age.
All adopted children under 18 years of age will be able to access their original birth certificate with the consent of only their adoptive parents.
The child’s birth parents will be able to apply for the child’s amended birth certificate after the adoption order is made.
Note: This application may be refused if the release of information would pose a risk to the safety, welfare or wellbeing of the child or the adoptive parents.
For the first time, in the case of future adoptions, non-adopted children of either birth parent will have a right to access information about their siblings who have been adopted.
This will encourage the establishment of sibling relationships in families affected by adoption which may endure a lifetime and assist understanding of identity and culture.
Ministerial guidelines on the release of information are being developed. Consultation will occur in early 2009 and will involve a range of stakeholders.
publishing information about an adoption
Publishing restrictions imposed on the parties to an adoption who wish to speak publicly about their adoption experience will be relaxed. Publication will be permitted with the consent of any party to the adoption who would be identified.
change of name
Adoptive parents will be allowed to give the adopted child a new name provided they can satisfy the Supreme Court that it is in the child’s best interests.
See the Adoption Amendment Bill 2008.
See media release about the Adoption Amendment Bill 2008.