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Where am I now? Lawlink > Law Reform Commission > Publications > Index
Report 81 (1997) - Review of the Adoption of Children Act 1965 (NSW)
Index
References are to paragraph numbers
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adoption and the Draft Declaration on the Rights of Indigenous People
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adoption and United Nations Convention on the Rights of the Child
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adoptive parents, finding
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Child Placement Principle
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Child Placement Principle, forms of
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children, reasons for affording separate treatment in legislation
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customary law and adoption
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customary law, recognition of
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definition of, judicial consideration
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definition of, relevance of acceptance by community
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definition of, three-pronged
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definitions of in legislation other than adoption
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“descent” definition, difficulties with
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“descent” definition, support for
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historical application of child welfare policies
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identifying as an Aborigine
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involvement of, after consent
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involvement of, before consent
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involvement of, in adoption process
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law, exclusive jurisdiction
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order of priorities for placement
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Accreditation of non-government organisations see Intercountry adoption
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Adoption Information Act 1990 (NSW)
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3.85, 7.3, 7.64, 8.74, 10.196
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Adoptive parents see also Adoptive parents, selection of; Education of applicants; Counselling
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recruitment of, for special needs children
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4.136-4.138, 4.140, 10.73
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Adoptive parents, selection of see also Adoptive parents; Education of applicants
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Aboriginal customary marriage
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adoptive family, marginalisation of
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6.65-6.66, 6.68, 6.111, 6.117
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6.8, 6.15, 6.23-6.24, 6.69-6.92
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Anti-Discrimination Act 1977 (NSW)
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application to adopt more than one child
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assessment for particular child
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6.132-6.134, 10.205-10.207
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5.14, 5.16, 5.150-5.154, 6.93-6.96
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birth parents, role of, in selection process
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consideration of existing children in family
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6. 99-6.103, 10.239-10.240
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6.14, 6.64, 6.67, 10.215-10.216, 10.241-10.242
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6.105, 6.108, 6.110-6.112, 6.119, 6.121-6.122
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eligibility requirements in Adoption of Children Act 1965 (NSW)
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6.5-6.13, 6.69-6.70, 6.97, 6.104-6.108
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eligibility requirements of New South Wales Departmentof Community Services
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6.5-6.14, 6.51, 6.71, 6.97, 6.99, 6.108
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eligibility requirements of private adoption agencies
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10.30, 10.74-10.75, 10.204-10.217
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interaction with discrimination legislation
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legislation and agencies, division between roles of
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maintaining continuity in child’s life
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6.87-6.89, 6.141-6.143, 6.146-6.148
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6.17-6.21, 6.23, 6.25, 6.124-6.125
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6.107, 6.110-6.112, 6.119, 6.121-6.123
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6.20, 6.84-6.86, 6.103, 6.105, 10.205-10.207
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agency, approval and support of,
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legislation in other States
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parenting after “child” has turned eighteen
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Age of applicants see Adoptive parents, selection of
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Anti-Discrimination Act 1977 (NSW) see also Adoptive parents, selection of
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Appeals and review see also Department of Community Services; New South Wales, Private adoption agencies
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approvals of private adoption agencies
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selection of adoptive parents
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use of administrative tribunals
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Best interests see also Guiding principles
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as compared with “welfare and interests”
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principle of, being paramount consideration
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statutory guidance as to meaning
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Adoption Information Act 1990 (NSW)
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criticisms of current form
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options to promote openness
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where adoptive parent dies before adoption order made
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Birth parent see also Consent; Counselling
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experiences with open adoption
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in intercountry adoptions
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5.162, 10.43, 10.121, 10.133-10.134, 10.138
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involvement in placement breakdown
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participation in adoption process
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5.150-5.162, 6.23, 7.88-7.91
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understanding of the adoption
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wishes in relation to selection of adoptive parents
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5.14, 5.16, 5.150-5.157, 5.159-5.161, 6.93-6.96
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Character of applicants see Adoptive parents, selection of
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Charitable organisations see Private adoption agencies
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Child see also Independent representation of the child; Consent
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2.33, 5.119, 5.123, 5.127-5.129, 10.231-10.237
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participation in adoption process
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relevance of United Nations Convention on the Rights of the Child to
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telling child of adoptive status
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views and wishes of in intercountry adoption
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views and wishes of, generally
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wishes in relation to selection of adoptive parents
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Children in care, adoption of
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appropriateness of adoption
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4.101, 4.106, 4.111-4.112, 4.114
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approval and support of agency in
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4.107-4.110, 4.113, 4.115
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4.105, 4.108, 4.116-4.118, 5.19-5.20, 5.50, 5.104
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5.92-5.93, 5.96, 5.98-5.102, 5.108
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birth father, problems associated with notifying
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5.14-5.16, 5.150-5.157, 5.159-5.162
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5.32, 5.43-5.45, 5.54-5.55, 5.59, 5.64, 5.66-5.67, 5.69, 5.125, 5.127, 5.159
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5.106, 5.108-5.109, 5.130-5.149
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5.13-5.25, 5.46, 5.119, 5.126, 5.151, 5.155
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5.13, 5.17-5.19, 5.150, 5.158
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in applications by foster carers
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in applications by private carers
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in applications for adoption of Aboriginal children
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in applications for adoption of adults
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in applications for adoption of Torres Strait Islander children
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in intercountry adoptions
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5.32-5.35, 5.45, 5.65-5.66, 5.72-5.83, 5.126-5.127
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of child aged 12 years or older
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5.14-5.15, 5.23, 5.128, 5.151, 5.161, 7.58
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where child conceived through sexual assault or incest
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5.27-5.29, 5.36, 5.40-5.43, 5.45, 5.83, 5.118
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witnessing consent, category of witness
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5.26, 5.36-5.39, 5.49-5.50
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written information, provision of
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Counselling see also Education of applicants
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in adoptions of Aboriginal children
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in adoptions of Torres Strait Islander children
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in intercountry adoptions
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5.32, 5.54-5.55, 5.64, 5.159
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3.74, 3.78-3.79, 5.125, 5.127
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Cultural heritage see also Aboriginal; Torres Strait Islander; Adoptive parents, selection of
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arguments against need for cultural continuity
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arguments in favour of cultural continuity
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continuity in child’s upbringing and background
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8.17, 8.20-8.22, 8.61-8.62
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ethnic heritage compared with cultural heritage
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ethnic heritage, definition of
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intercountry adoption and
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membership of extended family
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of children in Third World countries and institutions
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8.74-8.75, 10.39, 10.42-10.43
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practices of adoption agencies
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priorities in placement of child
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8.63-8.64, 8.68, 8.86, 8.87
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racial heritage compared with cultural heritage
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racial heritage, definition of
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successful cross-cultural adoptions
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transience of adjustment problems
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value given to, in other countries and cultures
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value of, Australian research
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value of, overseas research
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value of, research methods
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De facto applicants see Adoptive parents, selection of
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Department of Community Services, New South Wales
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allocations in intercountry adoptions
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approval of applicants in intercountry adoptions
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approval of independent counsellor
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approval of organisation to carry out intercountry adoptions
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current practice of, in notifying birth father
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Director-General’s report to the Court
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Director-General’s guardianship of child
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Director-General’s guardianship of non-citizen child
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discharge of adoption orders
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meeting birth parent’s wishes
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5.14, 5.151-5.152, 5.156-5.157,5.159-5.160, 7.59
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parent support groups and
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10.139, 10.142, 10.144, 10.154-10.157
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placement of Aboriginal children and
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post-placement reports in intercountry adoptions
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private adoption agencies, licensing of
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3.4-3.5, 3.9, 3.120-3.121
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role before adoption order is made
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role in intercountry adoptions, generally
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10.25, 10.139, 10.142, 10.166-10.180,10.189-10.190, 10.194-10.198
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selection of adoptive parents
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3.116-3.118, 6.5-6.14, 6.16
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supervision of accredited intercountry adoption agency
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written information provided to consent-givers
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Director-General see Department of Community Services, New South Wales
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Discharge of order for adoption see Order for adoption
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Donor reproduction technology see also Embryo donation
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Artificial Conception Act 1984 (NSW)
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Children (Equality of Status) Act 1976 (NSW)
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difficulty in applying adoption legislation
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Family Law Act 1975 (Cth)
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legal presumptions as to parentage
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relevance to adoption legislation
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11.57-11.58, 11.60-11.62, 11.68, 11.70
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Status of Children Act 1996 (NSW)
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11.13-11.14, 11.54, 11.73
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Education of applicants see also Adoptive parents, selection of; Counselling; adoptive parents
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preparation for intercountry adoptions
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Embryo donation see also Donor reproduction technology
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appropriateness of adoption legislation as regulatory framework
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Children (Equality of Status) Act 1976 (NSW)
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Family Law Act 1975 (Cth)
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legal presumptions as to parentage
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Status of Children Act 1996 (NSW)
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Ethnic heritage see Cultural heritage
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Family Court of Australia
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leave to commence step-parent adoption proceedings
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Family Law Act 1975 (Cth) see also Family Court of Australia; Surrogacy; Donor reproduction technology; Embryo donation
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and Torres Strait Islander children
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definition of Aboriginal peoples
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Foster care, adoption of child in see Children in care, adoption of
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Full-time carer see Adoptive parents, selection of
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adoption service to children not service to adults
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best interests of child paramount consideration
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respect for child’s viewpoint
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2.22, 2.28-2.32, 3.72-3.77
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Hague Convention on Protection of Children and International
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Co-operation in Respect of Intercountry Adoption
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automatic recognition of overseas adoption orders
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10.110-10.111, 10.224, 10.247- 10.249
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Central Authorities and accredited bodies
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10.107-10.109, 10.131, 10.165, 10.174-10.176, 10.184-10.188
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contact between birth parents and applicants
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10.117-10.118, 10.121, 10.125-10.128, 10.131, 10.138
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requirements for intercountry adoptions
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role of intercountry adoption
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significance for New South Wales
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Health of applicants see Adoptive parents, selection of
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Immigration (Guardianship of Children) Act 1946 (Cth)
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Immigration and Ethnic Affairs, Department of
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guardianship of non-citizen child
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health clearance for child, procedure for obtaining
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health criteria, criticisms of
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Immigration Review Tribunal
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International Health Clearance
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10.257-10.260, 10.266, 10.271-10.272
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Migration Act 1958 (Cth) and Migration Regulations 1994
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Migration Internal Review Office
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10.255, 10.257-10.259, 10.272
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role of, in policing standards in intercountry adoption
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10.66, 10.244, 10.268-10.269
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visa application procedure, criticisms of
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visa, primary eligibility criteria for grant of
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visa, requirement in intercountry adoptions
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10.32, 10.245-10.246, 10.254
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Independent counsellor see Consent
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Independent representation of the child
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child’s legal representative
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discretionary appointment of
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presence at proceedings granting adoption order
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separate party status of child in proceedings
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United Nations Convention on the Rights of the Child
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Independent review of adoption placements
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3.23, 3.25-3.32, 3.34-3.42
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preliminary hearing in adoption of Aboriginal child
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preliminary hearing in adoption of Torres Strait Islander child
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Infertility of applicants see Adoptive parents, selection of
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Intercountry adoption see also Department of Community Services, New South Wales; Cultural heritage; United Nations Convention on the Rights of the Child; Hague Convention on Protection of Children and International Co-Operation in Respect of Intercountry Adoption; Parent support groups
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accreditation of non-government organisations
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10.165-10.175, 10.181-10.191
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adopting children from deprived and abusive backgrounds
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10.122-10.123, 10.149-10.153
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10.44-10.46, 10.79-10.80, 10.263-10.264
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birth parents, payments to
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contact between birth parents and applicants
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creating conditions for abandonment
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creating conditions for trafficking in children
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creating conditions to discourage local adoptions
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current legislation applicable to
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current practices, evaluation of
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10.25-10.34, 10.201, 10.219
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discrimination in the birth country
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10.33-10.34, 10.219-10.221
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preparation of applicants
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recognition of foreign adoption order
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role of, as option for care
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what constitutes “improper financial gain”
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Jurisdiction see also Supreme Court of New South Wales; Family Court of Australia
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whether court or tribunal most appropriate
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Language, style in legislation
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Legal responsibility for child before adoption order is made see also Department of Community Services, New South Wales
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Marital status of applicants see Adoptive parents, selection of
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Name, adoptive see also Child
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Offences see also Surrogacy; Private placement
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exclusion for step-parent and relative adoptions
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Openness see also Birth parents, Birth certificates
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Adoption Information Act 1990 (NSW)
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birth parents’ understanding of the adoption
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birth parents, role in selection of adoptive parents
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birth parents, role where placement breaks down
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difficulties experienced with
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7.104, 10.42-10.43, 10.93, 10.112, 10.192-10.198
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legislative scheme of agreements
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7.14-7.16, 7.25, 7.27-7.48
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meeting between adoptive parents and birth parents
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models for open adoption agreements from other jurisdictions
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relevance to cultural heritage
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resolving conflict between birth and adoptive families
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suitability of adoptive parents
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telling adoptees of adoptive status
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automatic recognition of foreign orders
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3.17, 10.110-10.111, 10.224-10.228, 10.247-10.249
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Court to be satisfied of certain matters before making
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in intercountry adoptions
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language used in legislation
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recognition of foreign orders
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registration under Births, Deaths and Marriages Registration Act 1995 (NSW)
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relevance of religious issues to making of
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Overseas, adoption of children from see Intercountry adoption
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10.122-10.123, 10.149-10.153
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current role, evaluation of
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Participation in adoption process see Birth parent, Child; Pregnancy of applicant see Adoptive parents, selection of
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Preliminary hearing see Independent review of adoption placements
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Private adoption agencies see also Department of Community Services, New South Wales
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currently existing in New South Wales
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regulation of standards of practice for
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satisfying birth parent’s wishes
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satisfying child’s wishes
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selection of adoptive parents by
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Private placement see also Surrogacy
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and intercountry adoption
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appropriateness of adoption
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child in care of relative
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offences, exclusion of step-parent and relative adoptions
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Public regulation of adoption
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2.14-2.15, 4.125-127, 10.59, 10.87, 10.91, 10.164-10.165, 10.174-10.175
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Racial heritage see Cultural heritage
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Relative, adoption by see also Step-parent, adoption by
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appropriateness of adoption
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4.36-4.37, 4.40-4.41, 4.44, 4.56, 4.59-4.66, 4.79-4.88
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benefits of agency support
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Children (Care and Protection) Act 1987 (NSW)
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legislation in other States
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process of applying for order
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Religion of applicants see Adoptive parents, selection of
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disclosure of contents of Report
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in application by foster carers
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in application by private carers
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in application by step-parents and relatives
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in intercountry adoptions, post-placement
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in intercountry adoptions, pre-placement
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of agency as to locating birth father
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of Director- General to the Court
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of International Health Clearance in intercountry adoptions
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of independent counsellor
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of Migration Officer in intercountry adoptions
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Secrecy see Openness, Birth certificate
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Sexual orientation of applicants see Adoptive parents, selection of
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Single applicant see Adoptive parents, selection of
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Slotting see Adoptive parents, selection of
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Special needs, adoption of children with see also Adoptive parents, selection of
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assessment criteria for applicants
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10.40, 10.54-10.57, 10.205-10.207
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placement in family with existing child
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recruitment of adoptive parents
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4.136-4.138, 4.140, 10.73
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selection of adoptive parents
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Step-parent, adoption by see also Relative, adoption by
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agency, approval and support of
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appropriateness of adoption
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4.36-4.37, 4.39, 4.41, 4.44, 4.56, 4.58-4.78, 4.86- 4.88
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birth family, exclusion of
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4.34, 4.38, 4.42-4.46, 4.89-4.90
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leave of Family Court to commence proceedings
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legislation in other States
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process of applying for order
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| . |  |
Supreme Court of New South Wales see also Independent representation of the child; Independent review of adoption placements; Jurisdiction
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consideration of religious issues
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Court to be satisfied of certain matters before making adoption order
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declaration of validity of overseas adoption order
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discharge of adoption order
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discretion in applying Aboriginal Child Placement Principle
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discretion in applying Cultural Heritage Placement Principle
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discretion in applying Torres Strait Islander Child Placement Principle
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5.106, 5.108, 5.130-5.149
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single applicant to adopt
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.
Surrogacy see also Private placement
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Artificial Conception Act 1984 (NSW)
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Children (Equality of Status) Act 1976 (NSW)
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criteria to assess appropriateness of adoption
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Family Law Act 1975 (Cth)
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offences, judicial attitudes to
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legal presumptions as to parentage
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parenting orders as alternative to adoption
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private arrangements for adoption
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11.19, 11.31, 11.33, 11.43, 11.47
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relevance to adoption legislation
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Status of Children Act 1996 (NSW)
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adoption and the Draft Declaration on the Rights of Indigenous People
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adoption and United Nations Convention on the Rights of the Child
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Child Placement Principle
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children, reasons for affording separate treatment in legislation
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customary law and adoption
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involvement of, in adoption process before consent
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involvement of, in adoption process after consent
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legal recognition of customary adoption
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order of priorities for placement
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United Nations Convention on the Rights of the Child
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adoption information, right to
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child’s background, continuity in
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child’s ethnic, cultural and linguistic background
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child’s religious background
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identity, right to preserve
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10.90, 10.117-10.119, 10.125
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independent representation of child
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intercountry adoption standards
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intercountry adoption to be conducted by competent authorities
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intercountry adoption, role of
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10.76, 10.87-10.88, 10.93, 10.95
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parents, right to know and be cared for by
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significance for adoption in New South Wales
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| . |  |
Ward, adoption of see Children in care, adoption of
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[Link to text only version of Index]
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