Adoption of Children Bill
Table of Contents
Long Title
Enacting Formula
Part 1 PRELIMINARY
1 Short title and commencement
2 General interpretation
3 Meaning of "adoption agency"
4 Eligibility to make adoption application
5 Further provisions on eligibility to adopt a child
6 Child eligible for adoption
7 Meaning of "suitable to adopt"
8 Guardian-in-Adoption
9 Authorised officers
10 Authorised adoption agencies
Part 2 PRE-ADOPTION APPLICATION REQUIREMENTS
Division 1 — Summary of minimal requirements
11 Pre-adoption application requirements
Division 2 — Briefings
12 Pre-adoption briefing
13 Briefing on disclosure of adoptive status
Division 3 — Adoption suitability assessments
14 Requirement for favourable ASA
15 Variation or revocation of ASA
16 Application under section 15 by surviving applicant
17 Appeal to Guardian-in-Adoption
18 Appeal under section 17 by surviving applicant
19 Powers to direct and request assessments, etc., for purposes of ASA
20 Validity period of ASA
21 Regulations relating to ASA
Division 4 — Duty to notify material changes
22 Duty to notify material changes in circumstances
Part 3 ADOPTION PROCEEDINGS
Division 1 — Power of court to make adoption orders
23 Power to make adoption orders
Division 2 — Adoption applications
24 Form and contents of adoption application
25 Service of adoption application
26 Consent of relevant persons
Division 3 — Role of Guardian-in-Adoption in adoption proceedings
27 Duty of Guardian-in-Adoption to file affidavit
28 Significance of Guardian-in-Adoption’s affidavit
29 Powers of Guardian-in-Adoption, etc., to direct and request persons to undergo assessments, etc.
30 Duty of applicants to notify Guardian-in-Adoption of material changes in circumstances
Division 4 — Court’s powers during adoption proceedings
31 Power to make interim orders
32 Power to require provision, and to empower making of decisions, for child
33 Power to draw adverse inferences, etc., for failure to notify, etc.
34 Power to order assessments and submission of further information and documents
35 Power to order mediation, counselling, etc.
Division 5 — Dispensation of consent of relevant persons
36 Interpretation of this Division
37 Grounds for dispensation of consent of relevant persons
38 Meaning of "ill‑treatment"
39 When does relevant person knowingly permit another person to cause grievous hurt to or ill-treat child
40 When is child in need of care or protection
41 Circumstances of emotional or psychological abuse
Division 6 — Matters at conclusion of adoption proceedings
42 Matters with respect to which court to be satisfied before making adoption order
43 Power to order removal and placement of child upon unsuccessful adoption application
Part 4 POST-ADOPTION MATTERS
44 Matters relating to registration or re-registration of births of adopted children
45 Power to order persons to undergo mediation, counselling, etc., post adoption proceedings
46 Effect of adoption order on status of adopted child vis‑à‑vis adoptive parents and on citizenship
47 Effect of adoption order on property of adoptive parents and adopted child
Part 5 CONFIDENTIALITY OF CHILDREN INVOLVED IN ADOPTION PROCEEDINGS
48 Restriction on publication or broadcast of information or pictures of children involved in adoption proceedings
49 Order to remove publication or broadcast in contravention of section 48
Part 6 REGULATION OF ADOPTION PRACTICES AND PROCESSES
50 Extra-territorial application of this Part
51 Restriction on publication or broadcast of information or pictures of children for adoption, etc.
52 Order to remove publication or broadcast in contravention of section 51
53 Restricted payments to be sanctioned by court
54 Publication of amounts to be paid to or through adoption agencies, etc.
55 Prohibition against payments and rewards for non-permitted purposes
56 Use of fraud, duress, undue influence or other improper means to obtain consent to adoption, etc.
57 Restriction on placement of child, etc.
58 Non-application of section 57 to transitional cases
59 Offence of providing false information, etc., in connection with ASA or Guardian-in-Adoption’s affidavit
60 Duty to report offences to Guardian-in-Adoption
Part 7 ENFORCEMENT
61 Powers of entry, etc., for enforcement purpose
62 Equipment
63 Disposal of documents or thing
64 Offence of obstruction
65 Offence of providing false information, etc., in connection with this Part
66 Notice to attend court
Part 8 GENERAL PROVISIONS
67 Offences by corporations, unincorporated associations or partnerships
68 Composition of offences
69 Contempt of court orders under this Act
70 Service of documents
71 Disclosure of information to and by Guardian-in-Adoption or authorised adoption agency, etc.
72 Protection of persons giving information to authorities
73 Protection from personal liability
74 Family Justice Rules
75 Power to make regulations
76 Repeal of Adoption of Children Act 1939
Part 9 RELATED AND CONSEQUENTIAL AMENDMENTS AND SAVING AND TRANSITIONAL PROVISIONS
77 Consequential amendment to Child Development Co‑Savings Act 2001
78 Related amendment to Children and Young Persons Act 1993
79 Consequential amendment to Civil Law Act 1909
80 Consequential amendment to Family Justice Act 2014
81 Related and consequential amendment to Mental Capacity Act 2008
82 Consequential amendments to Registration of Births and Deaths Act 2021
83 Related and consequential amendments to Women’s Charter 1961
84 Consequential amendment to Work Injury Compensation Act 2019
85 Saving and transitional provisions
Explanatory Statement
Expenditure of Public Money