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Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 15 June 2018 to date (accessed 24 June 2018 at 23:14)
Chapter 4 Part 3
Part 3 Selection of prospective adoptive parents other than authorised carers
41   Application of Part
This Part applies to the assessment of the suitability, and selection, of prospective adoptive parents of a child other than step parents or relatives or authorised carers.
 Part 3A of this Chapter provides for prospective adoptive parents who are authorised carers.
41A   Definitions
In this Part:
applicant means a person whose application to adopt under this Part:
(a)  has been submitted to the Secretary or a principal officer, and
(b)  has not been withdrawn or finally dealt with by the making of, or refusal to make, an adoption order.
reside on a property has the same meaning as in the Child Protection (Working with Children) Act 2012.
42   Expression of interest in adopting a child
(1)  One person, or a couple, may submit to the Secretary, or principal officer of an adoption service provider accredited to accept applications to adopt, an expression of interest in:
(a)  being approved as suitable to adopt a child (whether a citizen or non-citizen), and
(b)  being selected, in a manner determined by the Secretary or principal officer, to adopt a child.
(2)  A submission of an expression of interest may be made only if the person or each person is resident or domiciled in the State.
43   Application to adopt
(cf AC Reg Part 3)
The Secretary or principal officer may, in accordance with the regulations and subject to any conditions of the accreditation of the adoption service provider concerned, invite a person or a couple who have submitted an expression of interest to submit an application to adopt a child.
44   Form of expression of interest or application
A submission of an expression of interest or application to adopt a child under this Part is to be made in accordance with the regulations.
45   Assessment of suitability, and selection, of adoptive parents
(1)  The regulations may make provision for or with respect to the following:
(a)  the assessment of the suitability of persons to be approved to adopt, and selection of persons to adopt, children under this Act from within New South Wales or elsewhere,
(b)  the keeping by the Secretary of a register of persons approved by the Secretary or by principal officers as fit and proper persons to adopt children.
(2)  The Secretary or appropriate principal officer must not assess a person as suitable to be approved to adopt a child unless the person and every adult person who resides on the same property as the person has a working with children check clearance that is in force under the Child Protection (Working with Children) Act 2012 or is exempted by the regulations under that Act from the requirement to hold such a clearance.
45A   Background information about prospective adoptive parents to be made available to birth parents
(1)  If an application to adopt a child is made by a couple, background information relating to the couple that is obtained by the Secretary or principal officer in connection with the application is, at the request of the birth parents of the child, to be provided to the birth parents before any adoption order may be made in relation to that child.
(2)  In this section, background information relating to a couple includes information about the couple’s social and cultural background, religious beliefs, domestic relationship and living arrangements, but does not include any information that identifies the couple.
45AA   Provision of information
(1)  Any person (the provider of information) may provide information to the principal officer of an accredited adoption service provider or the Secretary about another person if:
(a)  the provider of information has been notified by the principal officer or the Secretary that the other person is an applicant or a person who resides on the same property as an applicant, or
(b)  the provider of information otherwise reasonably believes the other person to be an applicant or a person who resides on the same property as an applicant.
(2)  Information provided under this section may be used to determine whether the applicant is suitable to adopt a child.
(3)  Information may be provided under this section regardless of whether the provider of information has been requested to provide the information.
(4)  A person who, acting in good faith, provides information under this section:
(a)  is not liable to any civil or criminal action, or any disciplinary action, for providing the information, and
(b)  in providing the information, cannot be held to have breached any code of professional etiquette or ethics or departed from any accepted standards of professional conduct.
45AB   Notification about other residents
An applicant must, as soon as reasonably practicable, notify the Secretary or the principal officer to whom the application was submitted:
(a)  if any person (other than the applicant or a person who submitted an application to adopt jointly with the applicant) resides on the same property as the applicant for 3 weeks or more, or
(b)  if a person residing on the same property as the applicant attains the age of 18 years.
45B   Consideration of wishes of parents consenting to adoption
(1)  A general consent of the parent of a child to the adoption of the child, as referred to in section 53, may express the wishes of the parent as to the preferred background, beliefs or domestic relationship of any prospective adoptive parents of the child.
(2)  Nothing in the Anti-Discrimination Act 1977 prevents the Secretary or a principal officer of an adoption service provider from identifying (consistently with the best interests of the child) prospective adoptive parents who reflect those wishes in the adoption selection process under this Part.