Progressive changes to the ACT’s adoption laws that confirm that adoption is primarily a service for children and respect the rights of all parties to adoptions commence today, Minister for Children and Young People Joy Burch said.

 

The amendments to the Adoption Act 1993 (ACT) were passed by the ACT Legislative Assembly in October, following a review of the Act and extensive consultation by the ACT Government with key stakeholders in the community. Today, six months after the amendments passed the Assembly, marks their commencement date.

 

Ms Burch said the changes responded to a better understanding of the psychological, emotional and legal implications of adoptions for all parties involved since the original Act was developed 17 years ago, and sought to provide better clarity and support for those involved in future ACT adoptions.

 

“These changes were drafted after extensive community consultation, including with the Adoptive Families Association, to ensure adoptions in the ACT continue to provide the best possible outcomes,” Ms Burch said.

 

“The United Nations Convention on the Rights of the Child, the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption, the Human Rights Act 2004 (ACT) and the Children and Young People Act 2008 (ACT) have also informed these amendments.”

 

The revised Act features, for the first time, the right of the adopted child to keep their given name, as enshrined in the UN Convention on the Rights of the Child, to which Australia is a signatory.

 

The legislation also requires the lodgement of a contact plan to the court to ensure the adopted child’s continued contact with significant birth family members, so that the child grows up with a strong sense of identity and a meaningful knowledge of their birth family.

 

Another significant change is the requirement for special arrangements for birth parents under the age of 18 who are considering an adoption plan for their child so they receive additional counselling and legal advice, in recognition of their increased vulnerability.