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Where am I now? Lawlink > Law Reform Commission > Publications > Report 81 (1997) - Review of the Adoption of Children Act 1965 (NSW)
Report 81 (1997) - Review of the Adoption of Children Act 1965 (NSW) Table of Contents
OVERVIEW OF THE REPORT Background to the review CONSULTATIONS AND PUBLICATIONS Issues Paper 9 Discussion Paper 34 Research Reports: Intercountry Adoption and Parent Support Groups; The Aboriginal Child Placement Principle OUTLINE OF THE REPORT
SHOULD ADOPTION CONTINUE TO EXIST? THREE KEY FEATURES OF ADOPTION LAW RECONSIDERED CHILD’S WELFARE AND INTERESTS ARE THE PARAMOUNT CONSIDERATION Public regulation of adoption Secrecy SIGNIFICANCE OF INTERNATIONAL TREATIES LEGAL EFFECT OF ADOPTION ORDERS GUIDING PRINCIPLES FOR THE PRACTICE OF ADOPTION Respect for the child’s viewpoint Preserving the child’s identity
REGULATION OF STANDARDS OF PRACTICE FOR PRIVATE ADOPTION AGENCIES Conclusion LEGAL RESPONSIBILITY FOR THE CHILD BEFORE AN ADOPTION ORDER IS MADE Current law and practice
Intercountry adoptions INDEPENDENT REVIEW OF ADOPTION PLACEMENTS Current law and practice Discussion Paper 34 Submissions and response Conclusion
Who could request a preliminary hearing? Current law and practice Discussion Paper 34 Submissions and response Conclusion: provision for guardian ad litem and independent legal representative
Role of the guardian ad litem Role of the child’s legal representative Separate party status of the child in proceedings Presence at the proceedings granting the adoption order Current law and practice Discussion Paper 34 Submissions and response Conclusion DISCHARGE OF ADOPTION ORDERS Conclusion DRAFTING OF LEGISLATION OFFENCES A CLOSED COURT? Conclusion DISCLOSURE OF CONTENTS OF REPORT RULES OF EVIDENCE STATE-FEDERAL ISSUES Uniform legislative power over adoptions? Conclusion The Family Law Act and step-parent adoptions WHICH COURT OR BODY SHOULD HAVE JURISDICTION? Tribunal or court? Which court? APPEALS AND REVIEW Current law and practice
Approvals of private adoption agencies Submissions and response Conclusion
4. PARTICULAR CATEGORIES OF ADOPTION INTRODUCTION ADOPTION OF ADULTS Current law and practice Discussion Paper 34 Submissions and response Legislation in other States Conclusion ADOPTION BY STEP-PARENTS AND OTHER RELATIVES Current law and practice
Submissions and response Legislation in other States
Relative adoption
Relative adoption
ADOPTION OF CHILDREN IN CARE Current law and practice Discussion Paper 34 Submissions and response Conclusion ADOPTION OF CHILDREN IN PRIVATE PLACEMENTS Current law and practice Discussion Paper 34 Submissions and response Conclusion ADOPTION OF CHILDREN WITH SPECIAL NEEDS Current law and practice Discussion Paper 34 Submissions and response Conclusion
ENSURING INFORMED AND VOLUNTARY CONSENT Timing of consent
Discussion Paper 34 Submissions and response Conclusion
Discussion Paper 34 Submissions and response Conclusion
Discussion Paper 34 Submissions and response Conclusion
Discussion Paper 34 Submissions and response Conclusion
Video taping the giving of consent Current law and practice
Notice of consent Submissions and response
Current law and practice Discussion Paper 34 Submissions and response Conclusion DISPENSING WITH CONSENT Current law and practice Discussion Paper 34 Submissions and response Conclusion PARTICIPATION OF THE BIRTH PARENTS Current law and practice Discussion Paper 34 Submissions and response Conclusion
6. SELECTION OF ADOPTIVE PARENTS INTRODUCTION OVERVIEW Current law and practice
Eligibility requirements - Introduction Eligibility requirements under the Adoption Act Eligibility requirements under the Adoption Regulation Selection processes General response to Discussion Paper 34 SPECIFIC ELIGIBILITY CHARACTERISTICS Interaction with discrimination legislation
Discussion Paper 34 Submissions and response Conclusion
Submissions and response Conclusion
Submissions and response Conclusion
Submissions and response Conclusion Issues of non-marginalisation and continuity
Submissions and response Conclusion
Submissions and response Further issues Conclusion
Submissions and response Conclusion
Submissions and response Further issues Conclusion
Discussion Paper 34 Submissions and response Submissions against adoption by same-sex couples Submissions supporting the Commission’s proposal in Discussion Paper 34 Conclusion Legislative requirements
Submissions and response Conclusion
Submissions and response Conclusion
Submissions and response Further issues Conclusion
Conclusion INTRODUCTION DEFINING OPENNESS IN ADOPTION CURRENT PRACTICE DISCUSSION PAPER 34 SUBMISSIONS AND RESPONSE General attitudes Difficulties experienced with open adoption Summary of conclusions reached in submissions LEGISLATIVE SUPPORT FOR OPEN ADOPTION The Adoption Act 1994 (WA) Models for open adoption agreements from other jurisdictions Submissions and response in relation to a legislative scheme of agreements for openness The advantages and disadvantages of a legislative scheme Conclusion TELLING ADOPTEES OF THEIR ADOPTIVE STATUS INVOLVING BIRTH PARENTS IN PLACEMENT BREAKDOWN BIRTH CERTIFICATES The present law Discussion Paper 34 Submissions and response Conclusion Further issue: adoptive parent who dies before the making of the adoption order FACILITATING OPENNESS Allowing birth parents to participate in the selection of adoptive parents Encouraging adoptive parents and birth parents to meet prior to placement The provision of adequate post-adoption services Birth parents’ understanding of the adoption OPENNESS AND INTERCOUNTRY ADOPTION
INTRODUCTION DEFINITIONS Racial heritage Ethnic Heritage Cultural heritage VALUE OF CULTURAL HERITAGE Research
Overseas research Pronouncements and practice Arguments in favour of cultural continuity CONCLUSION IMPLEMENTING CULTURAL CONTINUITY IN ADOPTION PLACEMENTS: A CULTURAL HERITAGE PLACEMENT PRINCIPLE
9. ABORIGINAL AND TORRES STRAIT ISLANDER CHILDREN INTRODUCTION ABORIGINAL CHILDREN Background Adoption and Aboriginal customary law Who is an Aboriginal child?
Acceptance by community Other legislative definitions Support for a “descent” definition Difficulties with a “descent” definition Conclusion Identifying Aboriginal children
What form should an Aboriginal Child Placement Principle take?
Involvement after consent to the adoption is given TORRES STRAIT ISLANDER CHILDREN Introduction Adoption and Torres Strait Islander customary law Who is a Torres Strait Islander child? Torres Strait Islander Child Placement Principle Should legislation include a Torres Strait Islander
What form should a Torres Strait Islander Child Placement Principle take?
Involvement after consent to the adoption is given INTERNATIONAL LAW
SYNOPSIS INTRODUCTION HISTORY OF INTERCOUNTRY ADOPTION CURRENT LEGISLATION CURRENT PROCEDURE THE CONCEPT OF INTERCOUNTRY ADOPTION Controversial aspects of intercountry adoption
Openness Intercountry adoption as a form of aid Discrimination in the birth country Adopting children from deprived and abusive backgrounds Creating conditions for trafficking in children Problems of ensuring voluntary relinquishment Creating conditions for abandonment Creating conditions to discourage local adoptions Bypassing needy Australian children Matching UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD Article 21 Other Articles of relevance HAGUE CONVENTION ON PROTECTION OF CHILDREN AND INTERNATIONAL CO-OPERATION IN RESPECT OFINTERCOUNTRY ADOPTION Scope of the Hague Convention Requirements for intercountry adoptions Central authorities and accredited bodies Automatic recognition of overseas adoption orders Adoption information Significance of the Hague Convention for New South Wales AN EVALUATION OF CURRENT PRACTICES IN INTERCOUNTRY ADOPTION Financial aspects and preventing trafficking in children
Donations
Allocations Record-keeping Agents The home study Conclusion The recommended role of parent support groups Adoption information Preparation, assessment and counselling
Assessment Counselling Recognition of adoption orders Older-aged adoptees Birth names Multiple placements Immigrants and adoption DEPARTMENT OF IMMIGRATION AND ETHNIC AFFAIRS Health criteria Procedure Appeal Guardianship Citizenship RECOMMENDATIONS Financial aspects Consents and availability for adoption Role of DOCS Accreditation Adoption information Preparation, assessment and counselling Recognition of adoption orders
11. SURROGACY, DONOR REPRODUCTION TECHNOLOGY AND ADOPTION INTRODUCTION SURROGACY ARRANGEMENTS Current law and practice
Surrogacy and adoption Submissions and response Recent New Zealand approach to adoption and surrogacy Distinction between placement intrafamily and placement with unrelated applicants Conclusion DONOR REPRODUCTION TECHNOLOGY Current law and practice Discussion Paper 34 Submissions and response Conclusion EMBRYO DONATION AND ADOPTION Current law and practice Discussion Paper 34 Submissions and response Conclusion
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