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Adoption

Adoption. Richard, Lachy , Somi & Leonie. What is it?. Legal surrender of parental rights and responsibilities from biological parents to another couple Unlike fostering, adoption is a permanent transfer of legal rights and responsibilities

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Adoption

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  1. Adoption Richard, Lachy, Somi & Leonie

  2. What is it? • Legal surrender of parental rights and responsibilities from biological parents to another couple • Unlike fostering, adoption is a permanent transfer of legal rights and responsibilities • Formally introduced into NSW in 1923  Child Welfare Act 1923 (NSW)

  3. Who can adopt? • Couples must meet certain criteria before they can adopt: • Need to provide medical evidence that shows couple are unable to have children • Express willingness by one adoptive parent to give up work once baby placed • Demonstration that couple are ‘fit and proper persons’ • No more than one child already in the family • Must be above 18 • Married couples, de-facto couples and single persons (not same-sex couples) • Preference given to couples whose names have been on the waiting list the longest

  4. Consent (giving up the child) • If married: both mother and father must consent • If unmarried at time of birth: only mother’s consent usually required • If the result of ongoing de facto relationship: mother and father must consent • Only right that father of ex-nuptial child has is notification of proposed adoption  14 days to apply for custody • If child is over 12, must consent to adoption

  5. Legislation • State matter (residual power), uniform adoption laws were passed in the 1970s • Adoption of Children (Amendment) Act 1982 (NSW);adopted children have same legal rights & status as children born into marriage  treated by law same as natural children of adoptive parents • Adoption Information Act 1990 (NSW); allows adopted children to obtain a copy of their original birth certificate & allows biological parents to obtain a copy of the amended birth certificate to identify an adopted child

  6. Various Acts relating to adoption issues have been incorporated into Adoption Act 2000 (NSW) • Australia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention) • Australia is a “receiving country” only  no outgoing inter-country adoption program to place Australian children with families seeking to adopt from overseas.

  7. Issues • Changing social values towards ex-nuptial children & greater social security support for single mothers  fall in number of babies available for adoption from 9798 adoptions in Australia between 1971-72, to only 566 in 1999-2000 • Lengthy process

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