Adoption of Children Act (Chapter 275)

• Coming into Force: 23 May 1969
• Published date: 23 May 1969
• Revision Date: 01 October 2021

Contenidos

• Adoption of Children Act (Chapter 275)
• PART I.—PRELIMINARY.
• 1. Interpretation.
• PART II.—JURISDICTION.
• 2. Jurisdiction of National Court.
• 3. When jurisdiction may be exercised.
• 4. Rules of private international law, etc., not to apply.
• PART III.—ADOPTIONS UNDER THIS ACT.
• 5. Welfare and interests of child to be paramount.
• 6. Who may be adopted.
• 7. Persons in whose favour adoption orders may be made.
• 8. Age of adopters.
• 9. Court to be satisfied as to certain matters.
• 10. Notice of application for adoption orders.
• 11. Parties.
• 12. Care of child after refusal of an application.
• 13. Discharge of adoption orders.
• 14. Supplemental procedure.
• 15. Consents of parents and guardians required to adoptions.
• 16. Consents to be general, except where in favour of relative.
• 17. Revocation of consents.
• 18. Form of consents.
• 19. Consents given under law of a State or Territory of Australia.
• 20. Defective consents.
• 21. Court may dispense with consents.
• 22. Consent of child.
• 23. Guardianship of child awaiting adoption.
• 24. Interpretation of Division 3.
• 25. Declaration of reciprocating states.
• 26. Director may renounce guardianship where child to be adopted in a reciprocating state.
• 27. Director may assume guardianship where child from a reciprocating state to be adopted in the country.
• 28. General effect of adoption orders.
• 29. Effect of orders as regards dispositions of property, etc.
• 30. Names of adopted child.
• 31. Effect of order on domicile.
• 32. Distribution of property by trustees, etc.
• 33. Making of interim orders.
• 34. Duration of interim orders.
• 35. Discharge of interim orders.
• PART IV.—RECOGNITION OF ADOPTIONS.
• 36. Interpretation of Part IV.
• 37. Recognition of Australian adoptions.
• 38. Recognition of foreign adoptions.
• 39. Declarations of validity of foreign adoptions.
• PART V.—OFFENCES.
• 40. Application of Part V.
• 41. Taking away, etc., of adopted child by natural parent.
• 42. Payments in consideration of adoptions.
• 43. Unauthorized arrangements for adoption.
• 44. Restriction on advertising, etc.
• 45. Restriction on publication of identity of parties.
• 46. False statement in application, etc.
• 47. Personation of person whose consent to an adoption is required.
• 48. Presenting forged consent.
• 49. Undue influence.
• 50. Improperly witnessing consent.
• 51. Authority to prosecute.
• PART VI.—ADOPTION. FOSTERAGE, ETC., OF CHILDREN BY CUSTOM.
• 52. Saving of Customs (Recognition) Act.
• 53. Adoptions by custom.
• 54. Certificates as to adoptions.
• 55. Variation of certificate.
• 56. Fosterage and guardianship.
• 57. Procedure.
• 58. Appeals.
• PART VII.—MISCELLANEOUS.
• 59. Particulars to be forwarded to Registrar General.
• 60. Sending of memorandum of orders to other countries.
• 61. Particulars of orders received from States or Territories.
• 62. Hearings to be in camera.
• 63. Identities of certain persons not to be revealed.
• 64. Contents of reports not to be disclosed.
• 65. Restriction on inspection of records.
• 66. Director may appear at hearings.
• 67. Delegation.
• 68. Matters admissible in evidence.
• 69. Proof of adoption.
• 70. Judicial notice of signatures.
• 71. Regulations.
• SCHEDULE.

Adoption of Children Act (Chapter 275)

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 275.

Adoption of Children Act.

Being an Act relating to the adoption of children.

PART I.—PRELIMINARY.

1 Interpretation.

In this Act, unless the contrary intention appears—

"adoption order" means an order for the adoption of a child under this Act;

"child" means a person who has not attained the age of 21 years, or a person who has attained that age and in respect of whom an adoption order is sought or has been made;

"the commencement date" means 23 May 1969, being the date of commencement of the pre-Independence Adoption of Children Act 1968;

"the Court" means the National Court;

"the Director" means the Director of Child Welfare;

"disposition of property" includes the grant or exercise of a power of appointment in respect of property;

"father", in relation to a child who is illegitimate, means the putative father;

"the former provisions" means the provisions of the Child Welfare Act relating to the adoption of children that were in force immediately before the commencement date;

"general consent" means a consent to the adoption of a child other than the consent referred to in Section 16(2);

"guardian", in relation to a child, includes—

(a) a person having the custody of the child under a court order; and

(b) a person who is or is deemed to be the guardian of the child, to the exclusion of, or in addition to, any parent or other guardian, under a law of Australia or of a State or Territory of Australia; and

(c) a guardian by custom;

"interim order" means an interim order under Division III.5;

"the regulations" means any regulations made under this Act;

"relative", in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half-blood or by affinity, and notwithstanding that the relationship is traced through, or to, an illegitimate person or depends on the adoption of any person;

"this Act" includes the regulations.

PART II.—JURISDICTION.

2 Jurisdiction of National Court.

Jurisdiction is conferred on the National Court in proceedings instituted in the Court in accordance with this Act, and in particular the Court may make an adoption order in accordance with this Act in respect of a child.

3 When jurisdiction may be exercised.

(1) The Court shall not make an order for the adoption of a child unless at the time of the filing in the Court of the application for the order—

(a) the applicant, or (in the case of joint applicants) each of the applicants, was resident or domiciled in the country; and

(b) the child was present in the country.

(2) For the purposes of Subsection (1), where the Court is satisfied—

(a) that an applicant was resident or domiciled in the country; or

(b) that the child was present in the country,

within 21 days before the date on which an application was filed in the Court, the Court may, in the absence of evidence to the contrary, presume that the applicant was resident or domiciled in the country, or that the child was present in the country, as the case may be, at the time of the filing in the Court of the application.

4 Rules of private international law, etc., not to apply.

The jurisdiction of the Court to make an adoption order is not dependent on any fact or circumstance not expressly specified in this Act.

PART III.—ADOPTIONS UNDER THIS ACT.

Division 1.—General.

5 Welfare and interests of child to be paramount.

For all purposes of this Part, the welfare and interest of the child concerned shall be regarded as the paramount consideration.

6 Who may be adopted.

(1) Subject to this Act, the Court may, on application, make an order for the adoption of a person who—

(a) had not attained the age of 21 years before the date on which the application was filed in the Court; or

(b) has been brought up, maintained and educated by the applicant or applicants, or by the applicant and a deceased spouse of the applicant, as his or their child.

(2) The Court shall not make an order for the adoption of a person who is, or has been, married.

(3) An order may be made under this Act for the adoption of a child notwithstanding that the child has previously been adopted, whether before or after the commencement date, and whether in the country or elsewhere.

7 Persons in whose favour adoption orders may be made.

(1) Except as provided by Subsection (2), an adoption order shall not be made otherwise than in favour of a husband and wife jointly.

(2) Subject to Subsection (3), where the Court is satisfied that exceptional circumstances make it desirable to do so, the Court may make an adoption order in favour of one person.

(3) The Court shall not make an adoption order in favour of one person if that person is married and is not living separately and apart from his or her spouse.

(4) The Court may make an adoption order in favour of a husband and wife jointly notwithstanding that one of them is a natural parent of the child.

8 Age of adopters.

The Court shall not make an adoption order in respect of a child in favour of a person who or persons either of whom—

(a) has not attained the age of 21 years; or

(b) being a male person, is less than 18 years older than the child, or, being a female person, is less than 16 years older than the child,

unless the applicant, or at least one of the applicants, is a natural parent of the child or the Court considers that there are exceptional circumstances that justify making the adoption order.

9 Court to be satisfied as to certain matters.

(1) The Court shall not make an order for the adoption of a child unless the Director has made a written report to the Court concerning the proposed adoption and, after considering the report and any other evidence before the Court, the Court is satisfied that—

(a) the applicants are of good repute and are fit and proper persons to fulfil the responsibilities of parents of a child; and

(b) the applicants are suitable persons to adopt the child, having regard to—

(i) all relevant considerations, including the age, state of health, education (if any) and religious upbringing or convictions (if any) of the child and of the applicants; and

(ii) any wishes that have been expressed...