Contents (2000 - 75)
Adoption Act 2000 No 75
Part 3A Selection of authorised carers as adoptive parents
45C Application of Part
This Part applies to the assessment of the suitability, and selection, of prospective adoptive parents who are authorised carers (within the meaning of section 137 (1) (b) of the Children and Young Persons (Care and Protection) Act 1998) of a child who is in out-of-home care.
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to adopt under this Part:(a) has been submitted to the Secretary or a principal officer, and(b) has not been withdrawn or finally dealt with by the making of, or refusal to make, an adoption order.reside on a property has the same meaning as in the Child Protection (Working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.
45D Application to adopt
The Secretary or the principal officer of an accredited adoption service provider may, in accordance with the regulations, invite an authorised carer of a child who is in out-of-home care to submit an application to adopt the child.
45E Form of application
An application to adopt a child under this Part is to be made in accordance with the regulations.
45F Assessment of suitability, and selection, of adoptive parents
The regulations may make provision for or with respect to the assessment of the suitability of authorised carers of children to be approved and selected to adopt the children under this Act.
45G Background information about prospective adoptive parents to be made available to birth parents
(1) If an application to adopt a child is made by an authorised carer, background information relating to the authorised carer 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 an authorised carer includes information about the carer’s social and cultural background, religious beliefs, domestic relationship and living arrangements, but does not include any information that identifies the carer.
45GA 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.
45GB 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.
45H 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.