New South Wales Consolidated Regulations

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ADOPTION REGULATION 2015

- Made under the Adoption Act 2000
- As at 28 July 2023
- Reg 490 of 2015

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Notes

   PART 2 - (Repealed)
   None

   PART 3 - SELECTION OF PROSPECTIVE ADOPTIVE PARENTS OTHER THAN STEP PARENTS, RELATIVES OR AUTHORISED CARERS OF A CHILD IN OUT-OF-HOME CARE

   36.     Application of Part
   37.     Form of expression of interest
   38.     Information to be provided to persons submitting expressions of interest
   39.     Adoptive parent education and training
   40.     Form of application to adopt
   41.     Power to require information
   42.     Documents to accompany application to adopt
   43.     Action to be taken by relevant decision-maker after receipt of application to adopt
   44.     Suitability checks
   45.     Criteria for assessment of applicants
   46.     Assessment of applicants for adoption
   47.     Notification of assessment of applicants for adoption
   48.     Duration of approval
   49.     Approvals subject to conditions
   50.     Revocation of approval

   PART 4 - SELECTION OF AUTHORISED CARERS AS ADOPTIVE PARENTS OF A CHILD IN THEIR CARE

   51.     Application of Part
   52.     Submission of application to adopt
   53.     Information to be provided to authorised carers submitting applications to adopt
   54.     Adoptive parent education and training
   55.     Documents to accompany application to adopt
   56.     Action to be taken by relevant decision-maker after receipt of application to adopt
   57.     Power to require information
   58.     Suitability checks
   59.     Criteria for assessment of authorised carers who are applicants for adoption
   60.     Assessment of applicants for adoption
   61.     Notification of assessment of authorised carers who are applicants for adoption
   62.     Duration of approval
   63.     Approvals subject to conditions
   64.     Revocation of approval

   PART 5 - PLACEMENT FOR ADOPTION AND ADOPTION PROCEEDINGS

           Division 1 - Adoption register

   65.     Adoption register
   66.     Removal of names from adoption register
   67.     Effect of having name on register

           Division 2 - Placement for adoption

   68.     Certain reports required before placement of child
   69.     Selection of applicants for adoption order
   70.     Entitlement of approved person to adopt child
   71.     Placement of child for adoption in conformity with religious upbringing intentions
   72.     Placement of child for adoption in conformity with wishes as to cultural heritage, identity or ties
   73.     Placement where compliance with expressed wishes of parent or guardian impracticable
   74.     Confidentiality of adoption proceedings

           Division 3 - Adoption plans

   75.     Contents of adoption plan
   76.     Review of adoption plan

           Division 4 - Consent to adoption

   77.     Counsellors
   78.     Register of counsellors
   79.     Mandatory written information
   80.     Form of consent
   81.     Persons who may witness consents
   82.     Witnessing a consent
   83.     Notice of signing of general consent
   84.     No fees payable to witness to consent
   85.     Period in which person giving consent must be counselled
   86.     Consent to adoption of Aboriginal child or Torres Strait Islander child

           Division 5 - Records of adoptions

   87.     Required information about adoption orders and discharge orders
   88.     Form of records

           Division 6 - Miscellaneous

   89.     Preliminary hearings
   90.     Notice of application for adoption order

   PART 6 - PRESCRIBED ADOPTION INFORMATION

           Division 1 - General

   91.     Definitions

           Division 2 - Prescribed information for adoptions after 1 January 2010
           Note

   92.     Application of Division
   93.     Entitlement of adopted person--information prescribed under section 133C
   94.     Entitlement of adoptive parent--information prescribed under section 133D
   95.     Entitlement of birth parent--information prescribed under section 133E
   96.     Supply of other information to birth parent--information prescribed under section 133F
   97.     Entitlement of non-adopted sibling--information prescribed under section 133G

           Division 3 - Prescribed information for adoptions before 1 January 2010
           Note

   98.     Application of Division
   99.     Entitlement of adopted person--information prescribed under section 134
   100.    Entitlement of adoptive parent--information prescribed under section 135
   101.    Entitlement of birth parent to information prescribed under section 136

           Division 4 - Other prescribed information

   102.    Information prescribed under section 137 relating to deceased birth parent
   103.    Information prescribed under section 137 relating to deceased adopted person
   104.    Additional prescribed information

           Division 5 - Guidelines for supplying adoption information

   105.    General guidelines under section 142 for release of birth certificate and prescribed information
   106.    Guidelines for exercise of discretion to issue authority to supply adoption information under sections 133E and 133G
   107.    Guidelines for exercise of discretion to supply adoption information under sections 136A and 140 (1)
   108.    Guidelines for exercise of discretion to withhold supply of adoption information or supply subject to conditions under section 136A
   109.    Guidelines for exercise of discretion to supply adoption information under section 140 (3)
   110.    Guidelines under section 142 for the release of prescribed information relating to putative birth fathers

           Division 6 - Miscellaneous

   111.    Information as to last known name and address
   112.    Messages

   PART 7 - SUPPLY OF ADOPTION INFORMATION

           Division 1 - Information sources

   113.    Information sources and designated persons
   114.    Supply of birth certificate or prescribed information
   115.    Exchange of information between information sources

           Division 2 - Contact vetoes

   116.    Secretary to endorse details of contact veto on authority to supply adoption information
   117.    Access to information about a contact veto
   118.    Guidelines under section 161 for request to confirm, cancel or vary contact veto

           Division 3 - Reunion and Information Register

   119.    Definition
   120.    Information to be updated
   121.    Leaving and delivery of messages
   122.    Documents left before 1 September 1996
   123.    Offence

           Division 4 - Advance notice

   124.    Advance notice period

   PART 8 - MISCELLANEOUS

   125.    Reviewable decisions
   126.    Case records
   127.    Restrictions on inspection of documents
   128.    When acts of Children's Guardian take effect
   129.    Fees and charges
   130.    Expenditure relating to intercountry adoptions
   131.    Provision of financial and other assistance to certain children
   132.    Proceedings for offences
   132A.   Research organisations
   133.    Savings
           Schedule 1 (Repealed)


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