Terms of Reference
Participants
Submissions

1. INTRODUCTION
THE REVIEW
Background
Scope of issues to be considered
The purpose of this Discussion Paper
Outline of the Discussion Paper
THE COMMISSION’S APPROACH
The conduct of the reference to date
The next steps

2. A BRIEF OVERVIEW OF EXISTING ADOPTION LAW AND PRACTICE
WHAT IS ADOPTION?
BACKGROUND TO THE LEGISLATION
Early developments
The Adoption of Children Act 1965
Social changes since 1967
Amendments to the 1965 Act
PURPOSES OF ADOPTION
FORMS OF ADOPTION
Local infant adoptions

Introduction
Agencies providing local infant adoption services

3. THE PURPOSE AND VALUE OF ADOPTION
PROVISIONAL PROPOSALS FOR REFORM
SUPPORT FOR ADOPTION
Research evidence on generally positive outcomes for adopted children
Continuing acceptance of adoption in Australia and similar countries
Security for children
Capacity of adoption to change
CRITICISM OF ADOPTION
THE VALIDITY OF ADOPTION

4. GENERAL PRINCIPLES
PROVISIONAL PROPOSALS FOR REFORM
POINTS FOR FURTHER DISCUSSION
THE BEST INTERESTS OF THE CHILD
LEGAL REGULATION
Control of adoption arrangements
The role of the Court
Openness and honesty

What is open adoption?
Adoption Information Act 1990
Adoptees under 18
Open adoption in other jurisdictions
Arguments for reinforcing and increasing openness in adoption
Arguments against open adoption
Conclusions

5. REGULATION OF ADOPTION PLACEMENTS
PROVISIONAL PROPOSALS FOR REFORM
POINTS FOR FURTHER DISCUSSION
PRELIMINARY MATTERS
The prohibition on informal or private adoption placements
Legal responsibility for the child prior to the adoption order
A TWO-STAGE PROCESS
Legal regulation
The preliminary hearing
The adoption hearing
Dispensing with two hearings in some cases
Independent representation at court hearings

Views in submissions
A new approach

6. REGULATION OF ADOPTION PLACEMENTS
PROVISIONAL PROPOSALS FOR REFORM
POINTS FOR FURTHER DISCUSSION
INTRODUCTION
THE PRESENT LAW AND PRACTICE
Requirements for eligibility in the Act

Age
Marital status
Character
Religion and education
Health

Undertakings for one parent to be a full-time carer
Other requirements imposed by agencies

What is the “discrimination” that the Act forbids?

Sexual orientation: gay and lesbian applicants

Religion
The religious wish of birth parents
Other wishes of birth parents

Criteria for placement of children for adoption

Receiving consents
Whose consent is required?
The impact of privacy legislation
Management of the revocation period
Post-adoption services for birth parents
Consent and the unmarried father
Consent required from certain unmarried fathers
Notice to fathers whose consent is not required
Fathers’ consent - a suggested principle
The English example
Discovering the father’s identity
Conclusions

Formal and counselling requirements
Consent and the birth mother
The effect upon the child of delaying consent
Provisional proposals

Conclusions

8. ABORIGINAL AND TORRES STRAIT ISLANDER CHILDREN
POINTS FOR FURTHER DISCUSSION
INTRODUCTION
BACKGROUND
ADOPTION AND ABORIGINAL LAW
ABORIGINAL PLACEMENT PRINCIPLE
WHO IS AN ABORIGINAL CHILD?
FINDING ABORIGINAL ADOPTIVE PARENTS
ADOPTION AND TORRES STRAIT ISLANDER LAW
INTERNATIONAL LAW
Conclusion

9. ETHNIC AND RACIAL HERITAGE
GENERAL ISSUES
Definitions
RACIAL HERITAGE
Overseas research
Inter-racial adoption in New South Wales

Questions to consider

10. REPRODUCTION TECHNOLOGY, SURROGACY AND ADOPTION
PROVISIONAL PROPOSALS FOR REFORM
POINTS FOR FURTHER DISCUSSION
INTRODUCTION
The scope and purpose of the review
The best interests of the child as paramount
The language of reproduction technology and surrogacy
SURROGACY ARRANGEMENTS
Surrogacy in New South Wales
Criticisms of surrogacy
Adoption legislation and surrogacy
REPRODUCTION TECHNOLOGY
Genetic identity and access to information
Embryo donation and adoption

11. CURRENT PRACTICES IN INTER-COUNTRY ADOPTION
INTRODUCTION
CURRENT PRACTICES IN INTER-COUNTRY ADOPTION
THE DEPARTMENT OF COMMUNITY SERVICES
DEPARTMENT OF IMMIGRATION AND ETHNIC AFFAIRS
PARENT SUPPORT GROUPS
Background
Organisation and accountability
Departmental endorsement of parent support groups
Interaction of parent support groups, the applicants, the overseas agency and the Department
Fees charged by parent support groups
Services provided to members by parent support groups

Pre-adoption services
Documentation assistance
Adoption assistance - the allocation of a child
Placement assistance
Post-placement assistance

Procedures of current concern

12. INTER-COUNTRY ADOPTION IN AN INTERNATIONAL PERSPECTIVE
INTRODUCTION
TRAFFIC AND SALE OF CHILDREN
POVERTY
INTERNATIONAL LAW
International Convention on the Rights of the Child (ICROC)

Institutional care as ‘unsuitable’ care
Inter-country adoption safeguards and standards to be equivalent to those existing for local adoption
Sale and trafficking of children
Improper financial gain
Bilateral or multilateral arrangements or agreements to promote the objectives of article 21
Involvement of private groups
Other articles of relevance

“Due consideration” to in-country placement
Central Authorities
Accredited agencies
Automatic recognition of overseas adoption orders
Adoption process
Adoption Information
Prohibition on contact between person(s) consenting to the adoption and adoptive parents before certain requirements have been satisfied

14. TECHNICAL AND MISCELLANEOUS ISSUES
PROVISIONAL PROPOSALS FOR REFORM
POINTS FOR FURTHER DISCUSSION
STATE AND FEDERAL ISSUES
Legislative power in adoption

The present position
The Family Court of Australia

What should be done?