Table of Contents
Terms of reference
Participants
Submissions
1. INTRODUCTION
THE REVIEW
Background
Scope of issues to be considered
The purpose of this Issues Paper
THE COMMISSION'S APPROACH
The conduct of the reference to date
The next steps
2. EXISTING ADOPTION LAW AND PRACTICE
WHAT IS ADOPTION?
BACKGROUND
Early developments
The Adoption of Children Act 1965
Social changes since 1967
Amendments to the 1965 Act
PURPOSES OF ADOPTION
FORMS OF ADOPTION
"Traditional" adoptions
Intra-family adoptions
"Special needs" adoptions
"Special cases" adoptions
Inter-country adoptions
3. SOME FUNDAMENTAL ISSUES
IS THERE A NEED FOR ADOPTION?
THE ROLE OF THE LAW
ADOPTION AND OTHER FORMS OF CARE
INFORMATION RIGHTS AND "OPEN ADOPTION"
ADOPTIONS BY SUBTERFUGE? USE OF GUARDIANSHIP AND CUSTODY
EFFECTS OF ADOPTION ORDERS
GUIDING PRINCIPLES
The child's welfare as the paramount consideration
Protection of children's links with the birth family
Cultural continuity
Non-discrimination
Fair procedures and participation of children
Other principles?
4. JURISDICTIONAL, TECHNICAL AND PROCEDURAL ASPECTS
FEDERAL/STATE ISSUES
The Family Court of Australia
A reference of power?
Jurisdiction
REGULATION OF PRACTICE AND ROLE OF AGENCIES AND SUPPORT GROUPS
Adoptions by non-relatives
Limits of regulation
Agencies, support groups and the Department of Community Services
Responsibility of the Minister or the Director-General?
APPEALS AND REVIEW
RIGHTS TO INFORMATION
OFFENCES
5. ELIGIBILITY TO ADOPT AND TO BE ADOPTED
WHO CAN BE ADOPTED?
Eligibility for adoption
The child's consent and participation
SELECTION OF ADOPTIVE PARENTS: THE PRESENT LAW AND PRACTICE
Present law
Requirements for eligibility in the Act
Age
Marital status
Character
Religion and education
Health
Other eligibility requirements
Allocation of children to approved applicants
The Court's discretion
ISSUES RELATING TO SELECTION OF ADOPTIVE PARENTS
6. RIGHTS AND RESPONSIBILITIES OF BIRTH PARENTS
THE IMPLICATIONS OF "OPEN ADOPTION"
WHOSE CONSENT?
WHAT KIND OF CONSENT?
PROTECTION AGAINST DURESS
DISPENSING WITH CONSENT
Grounds
Procedures
7. ADOPTION WITHIN FAMILIES
GRANDPARENT ADOPTIONS
STEP-PARENT ADOPTIONS
8. REPRODUCTION TECHNOLOGY, SURROGACY AND ADOPTION LAW
INTRODUCTION
Surrogacy
Reproduction Technology
THREE SCENARIOS
Scenario one
Scenario two
Scenario three
THE RELEVANCE OF REPRODUCTION TECHNOLOGY AND SURROGACY TO THIS REVIEW
CONSENT
INTRA-FAMILY OR "NON-FAMILY" ADOPTIONS?
LACK OF GENERAL LEGISLATION ON REPRODUCTION TECHNOLOGY
INFORMATION, IDENTITY AND OPENNESS
9. ABORIGINAL LAW AND RACIAL AND ETHNIC HERITAGE
INTRODUCTION
ABORIGINAL CUSTOMARY LAW
ETHNIC AND RACIAL HERITAGE
10. INTER-COUNTRY ADOPTION
INTRODUCTION
EXISTING LAW AND PRACTICE
PRINCIPLES FOR INTER-COUNTRY ADOPTION
ASSESSMENT CRITERIA
RESPONSIBILITY FOR ARRANGING ADOPTIONS
RECOGNITION OF OVERSEAS ADOPTIONS
FEDERAL/STATES ISSUES
HEALTH INFORMATION ABOUT THE CHILDREN
RELATIVE ADOPTIONS
FUNDING ISSUES
PROTECTION OF CHILDREN'S LINKS WITH BIRTH FAMILIES
