A BILL FOR

An Act to amend section 19 of the Adoption of Children Act 1965, to enable the making, in certain circumstances, of an adoption order in favour of a man and a woman who are living together as husband and wife on a bona fide domestic basis although not married to each other.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-

Short title.

1. This Act may be cited as the “Adoption of Children (De Facto Relationships) Amendment Act 1983”.

Commencement.

2. (1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2(2) of the De Facto Relationships Act, 1983.

Amendment of Act No.23, 1965.

3. The Adoption of Children Act, 1965, is amended in the manner set forth in Schedule 1.

SCHEDULE 1. (Sec.3.)

AMENDMENTS TO THE ADOPTION OF CHILDREN ACT, 1965.

(1) Section 19(l) -

Omit “ subsectiorf', insert instead “subsections (1A) and”.

(2) Section 19(1A) -

After section 19(1), insert-

(1A) The Court may make an adoption order in favour of a man and a woman who are living together as husband and wife on a bona fide domestic basis although not married to each other if, without derogating from the other provisions of this Divisiom the Court is satisfied -

(a) that the man and the woman have so lived together for a period of not less than 3 years before the date on which the application for the adoption order is made; and

(b) that -


(i) the child in respect of whom the application for the adoption order is made is the child of the man or the woman; or

(ii) the child in respect of whom the application for the adoption order is made is the relative of the man or the woman and has been brought up, maintained and educated by the applicants as their child.

(3) Section 19(4) -

After “jointly”, insert “or a man and a woman referred to in subsection (1A) jointly”.