Contents (2000 - 75)
Adoption Act 2000 No 75
Part 4 Adoption plans
46 What is an adoption plan?
(1) An adoption plan is a plan agreed to by two or more of the parties to the adoption of a child that includes provisions relating to:(a) the making of arrangements for the exchange of information between the parties in relation to any one or more of the following:(i) the child’s medical background or condition,(ii) the child’s development and important events in the child’s life,(iii) the means and nature of contact between the parties and the child, and(b) any other matter relating to the adoption of the child.Note.Parties to an adoption is defined in the Dictionary. The Court is required to take an adoption plan into consideration in making an adoption order. See section 90 (2) and (3).(2) Without limiting the matters for which an adoption plan may make provision:(a) it may set out the ways in which the child is to be assisted to develop a healthy and positive cultural identity and for links with that heritage to be fostered, and(b) it may provide for the giving of certain financial and other assistance as referred to in section 201.(2A) A birth parent who has not consented to the adoption of a child (a non-consenting birth parent) is, as far as possible, to be given the opportunity to participate in the development of, and agree to, an adoption plan in relation to the child.(2B) A non-consenting birth parent who agrees to an adoption plan is, for the purposes of sections 47, 48, 50, 51 and 90, to be treated as if the non-consenting birth parent were a party to the adoption of the child.(3) An adoption plan for an Aboriginal child or Torres Strait Islander child to be adopted by persons of whom neither is an Aboriginal or Torres Strait Islander, as the case may be, must make provision of the kind referred to in subsection (2) (a).(4) If provisions of the kind referred to in subsection (2) (a) are proposed to be included in an adoption plan, those provisions should be made after consultation with a local, community-based and relevant Aboriginal or Torres Strait Islander organisation.
47 How is an adoption plan made?
(1) Before the making of an order for the adoption of a child, parties to the adoption may agree on an adoption plan.Note.The parties must agree to an adoption plan in some circumstances—see sections 35 (5) and 39 (4).(2) An adoption plan is to be in writing and is to contain the particulars (if any) required by the regulations.
48 Adoption plan to accompany application for adoption order
If the parties to an adoption agree to an adoption plan, a copy of the plan must (unless registered under section 50) accompany the application for an adoption order.
49 Notice to be given of adoption plan
The Secretary or appropriate principal officer is to give notice to any person who has the care responsibility for the child of the terms of the adoption plan.
50 Registration of adoption plans
(1) The parties to an adoption who have agreed to an adoption plan may apply to the Court for registration of the plan.(2) The regulations may make provision for or with respect to such an application.(3) The Court may register an adoption plan if it is satisfied that:(a) the plan does not contravene the adoption principles, and(b) the parties to the adoption understand the provisions of the plan and have freely entered into it, and(c) the provisions of the plan are in the child’s best interests and is proper in the circumstances.(4) An adoption plan that is registered has effect, on the making of the relevant adoption order, as if it were part of the order.
51 Review of adoption plans
(1) The Court may review an adoption plan on application of one or more of the parties to the plan.(2) Unless the Court otherwise determines, the Court is to give each party to the adoption who agreed to the adoption plan an opportunity to make submissions concerning the application.(3) Following its review, the Court may, by order:(a) make such changes (if any) to the provisions of the adoption plan as it considers appropriate, or(b) revoke the plan, or(c) confirm the plan.(4) The Court may change the provisions, or revoke, an adoption plan only if it is satisfied that it is in the best interests of the child and proper in the circumstances to do so.(5) An adoption plan that is changed by an order of the Court has effect as if it were the plan originally agreed to by the parties.