Abstract
Adoption as a formal statutory procedure began with the Western Australian Adoption of Children Act 1896 and has always been restricted to ‘full’ rather than ‘simple’ adoptions. Since the first official records began in the 1940s, some 250,000 Australian born children have been adopted, nearly 150,000 during the 20 year period from 1951, of whom one-third were adopted by birth parents or relatives.
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Notes
- 1.
In 1988/89 there were 1501 adoptions; in 2002–04 they had fallen to 502; and in 2012/13 they reached 339. This constitutes a 77% decline since 1988–89 and a 32% decline over the last decade. See the Australian Institute of Health and Welfare report ‘Adoptions Australia 2012–13’ at para 4. See, further, at: http://www.aihw.gov.au/adoptions/.
- 2.
See, Quartly, M., Swain, S. and Cuthbert, D., The Market in Babies: Stories of Australian Adoption, Monash University Publishing, 2013 (quote from website at: http://www.publishing.monash.edu/books/mb-9781921867866.html).
- 3.
Queensland’s Infant Life Protection Act of 1905 provided for the adoption of illegitimate children—adoptions were privately arranged and adoption contracts could be prepared by a solicitor and administered by the police (see http://classic.austlii.edu.au/au/legis/qld/hist_act/ilpao19055evn19344/); and later, under the provisions of the Adoption of Children Act 1935, the Director of the Queensland Government’s Children’s Department had authority for granting adoption orders (see p. 116 of the Senate Community Affairs References Committee’s 2012 report on the ‘Commonwealth contribution to former forced adoption policies and practices’, https://www.aph.gov.au/parliamentary_business/committees/senate/community_affairs/completed_inquiries/2010-13/commcontribformerforcedadoption/report/index) in 1996.
- 4.
See, further, Quartly, M., Swain, S. and Cuthbert, D., Market in Babies: Stories of Australian Adoption, Monash University Publishing, 2013.
- 5.
See, New South Wales Child Welfare Department, Annual Report 1921–25: “rich and poor alike are vying with each other to open their hearts and homes to these derelict children”, at p. 5 as cited in Marshall, A. and McDonald, M., The Many—Sided Triangle, op cit at p. 30.
- 6.
See, for example, Bean, P. and Melville, J., Lost Children of the Empire, London, Unwin Hyman Ltd., 1989.
- 7.
See, for example, de Vaus, D.A., ‘Diversity and Change in Australian Families: Statistical Profiles’, Australian Institute of Family Studies, Melbourne, 2004 and Glezer, H., ‘Cohabitation and Marriage Relationships in the 1990s, Family Matters, vol. 47, 1997, pp. 5–9. See, further, Australian Government, Dept of Social Services, ‘Marriage Breakdown in Australia: Social Correlates, Gender and Initiator Status’, at: http://www.dss.gov.au/about-fahcsia/publications-articles/research-publications/social-policy-research-paper-series/number-35-marriage-breakdown-in-australia-social-correlates-gender-and-initiator-status?HTML#exec.
- 8.
See, Carmichael, G.A., Webster, A. and McDonald, P., ‘Divorce Australian style: a demographic analysis’, Canberra, Research School of Social Sciences, Australian National University, 1996.
- 9.
See the Australian Institute of Health and Welfare, website: https://aifs.gov.au/facts-and-figures/divorce-rates-australia.
- 10.
- 11.
- 12.
For example: 2012, Australia Senate Community Affairs References Committee, The Commonwealth Contribution to Former Forced Adoption Policies and Practices; 2004, Senate Community Affairs References Committee, Forgotten Australians: A Report on Australians who Experienced Institutional or Out-of-Home Care as Children; 2000, Parliament of New South Wales, Legislative Council, Standing Committee on Social Issues, Releasing the Past: Adoption Practices 1950–1998; and 1997, the Australian Human Rights Commission report, Bringing them Home.
- 13.
This was effected, for example, in New South Wales by the introduction of the Child Care Act 1972 and subsequently throughout Australia by the Supporting Mother’s Benefit in 1973.
- 14.
See, further, Charlesworth, S., Turner, J.N. , and Foreman, L., Disrupted Families, Federation Press, Sydney, 2000 at p. 149 and p. 207, note 7.
- 15.
See, further, Adoptions Australia 2018–19, at: https://www.aihw.gov.au/reports/adoptions/adoptions-australia-2018-19/contents/table-of-contents.
- 16.
Not until the judicial decisions in Menhennit (1969) in Victoria and Levine (1971) in New South Wales did prosecutions for abortion gradually cease in all states (Tasmania in 2013) and not until the Abortion Law Reform Bill 2019, was it finally decriminalised abortion in NSW.
- 17.
- 18.
Newman, J.E., O. Fitzgerald, R.C. Paul, and G.M. Chambers. 2019. Assisted reproductive technology in Australia and New Zealand 2017. Sydney: National Perinatal Epidemiology and Statistics Unit, UNSW: https://npesu.unsw.edu.au/sites/default/files/npesu/data_collection/Assisted%20Reproductive%20Technology%20in%20Australia%20and%20New%20Zealand%202017.pdf.
- 19.
Australian Institiute of Health and Welfare. 2018. Adoptions Australia 2017–18. Canberra: Australian Institute of Health and Welfare, Australian Government: https://www.aihw.gov.au/getmedia/6d9374b3-974c-4ba3-8134-d59979733c87/aihw-cws-66-20190917.pdf.aspx.
- 20.
See, further, at: http://www.aihw.gov.au/publication-detail/?id=10737423259.
- 21.
- 22.
See, Corderoy, A., ‘More Parents Defy Law with Overseas Surrogacy’, the Sydney Morning Herald, Sydney, 14th September 2013.
- 23.
- 24.
See the Australian Government’s Department of Home Affairs website: https://immi.homeaffairs.gov.au/help-support/glossary/international-surrogacy.
- 25.
See, the Standing Council of Attorneys-General, Australian Health Ministers’ Conference, Community and Disability Services Ministers’ Conference Joint Working Group, A Proposal for a National Model to Harmonise the Regulation of Surrogacy, January 2009, at pp. 4–5.
- 26.
(1998) FLC 92–807. See, also, Re Evelyn (No. 2) (1998) FLC 92–187 where the High Court of Australia considered and dismissed the issue of appeal.
- 27.
Commercial surrogacy continues to be illegal across Australia and adoption by gay people disallowed in South Australia.
- 28.
(1993) FLC 92–807 at 85 106.
- 29.
[2009] FamCA 691.
- 30.
Ellison and Anor & Karnchanit [2012] FamCA 602 (1st August 2012), per Justice Ryan at para 87.
- 31.
This was comprehensively reviewed by Dr. Sonia Allan for the WA Minister for Health, resulting in a two-part report (dated January 2019)—see https://ww2.health.wa.gov.au/Reports-and-publications/The-Review-of-the-Western-Australian-Human-Reproductive-Technology-Act.
The Allan Report made 122 recommendations, but it appears no subsequent legislative changes have yet been made in WA.
- 32.
Following an extensive independent review of South Australia’s surrogacy laws by the SA Law Reform Institute (SALRI), the Surrogacy Bill 2019 was passed in December 2019. Effective from 2020, this Act allows single men and women to pursue or access a surrogacy arrangement, not only heterosexual or same-sex couples who are unable to conceive or carry a baby themselves. See https://www.premier.sa.gov.au/news/media-releases/news/surrogacy-now-possible-for-more-families.
- 33.
See, Pascoe, CJ., ‘Issues of Forced Adoption and International Commercial Surrogacy, Federal Court of Australia, Melbourne (2nd October, 2013).
- 34.
Citing, Achmad, C., ‘Contextualising a 21st Century Challenge: Part Two Public International Law Human Rights: Why are the Rights and Interests of Women and Children at Stake in International Commercial Surrogacy Arrangements’, New Zealand Family Law Journal, 2012.
- 35.
[2013] FamCA 424 at para 4.
- 36.
See, further, BBC News, 2 August, 2014, at: http://www.bbc.co.uk/news/world-asia-28617912.
- 37.
- 38.
Between 1988 and 1994 there was an annual increase of approx 9% in substantiated child abuse cases. The subsequent downward trend in the rate of children subject to orders from 6.5 per 1000 children in 2007–08 to 6.1 in 2011–12 was reversed by a rise from 6.1 to 7.4 during the following year.
- 39.
See, Australian Institute of Health and Welfare at: http://www.aihw.gov.au/child-protection/.
- 40.
Ibid.
- 41.
Ibid.
- 42.
See, Marshall, A. and McDonald, M., The Many—Sided Triangle, Melbourne University Press, Victoria, 2001 at p. 24.
- 43.
See, Australian Institute of Health and Welfare, report ‘Adoptions Australia 2012–13’. See, further, at: http://www.aihw.gov.au/adoptions/.
In this context, ‘known’ child adoptions, are adoptions of children who are Australian residents, who have a pre-existing relationship with the adoptive parent(s) and who are generally unable to be adopted by anyone other than the adoptive parent(s). ‘Known’ child adoptions include adoptions by step-parents, foster parents, other relatives and carers. ‘Local’ adoptions are those of Australian children adopted by Australian citizens who have no relationship to the adoptee.
- 44.
See, Selman, P. and Mason, K., Alternatives to Adoption for Looked After Children, Report to Adoption Law Review Group of Scottish Executive, January 2005 at: http://www.scotland.gov.uk/Publications/2005/06/27140607/07142#6.
- 45.
- 46.
In 2012–13, 210 children were the subject of domestic adoptions and 129 were intercountry.
- 47.
See, U.N. Dept of Economic and Social Affairs, Child Adoption: Trends and Policies, 2009, at p. 72.
- 48.
Ibid. at p. 106.
- 49.
See, Report on Inquiry into Adoption of Children from Overseas’ at Appendix A, Section 1.6.
- 50.
Op cit, at p. 38.
- 51.
In 2016–17, there were 143 carer adoptions (representing 71.1% of all known adoptions); in 2017–18, the figures were, respectively, 147, and (63.1%); while in 2018–19, they were 142 and (67.3%). So, the proportion of carer adoptions is relatively stable.
- 52.
See, further, Care Leavers Australia Network (CLAN), a support and advocacy group for people brought up in care away from their family as state wards or Home children raised in Children’s homes, orphanages or other institutions, or in foster care, at: http://www.clan.org.au.
- 53.
See, AMS v. AIF; AIF v. AMS (1999) 199 CLR 160 per Gaudron J at p. 189.
- 54.
See, Australian Institute of Health and Welfare, report ‘Adoptions Australia 2012–13’ at para 2.3. See, further, at: http://www.aihw.gov.au/adoptions/.
- 55.
See, Barth, M. (1998) who documents a clear trend towards the development of specialist foster care services to cater for children with special needs.
- 56.
Barnardos in New South Wales, for example, established a ‘Find-a-Family’ Centre in 1985 which focussed exclusively on finding placements for children with special needs.
- 57.
Whereas in 1990/91, 28 infants with special needs in Queensland required adoption, in 1999/00 there were none and only 1 required such a placement in 2000/01.
- 58.
See, Barth, M.,1998, op cit.
- 59.
See, Concluding Observations of the Committee on the Rights of the Child, Australia, op cit, 2005, at para 45.
- 60.
Ibid., para 46.
- 61.
See, report by the Post Adoption Resource Centre of New South Wales as cited in Marshall, A. and McDonald, M., The Many—Sided Triangle, op cit at p. 196.
- 62.
See, Australian Institute of Health and Welfare at: https://www.aihw.gov.au/getmedia/d0c1e19c-881a-4176-829c-fa37d62f8bae/aihw-cws-71.pdf.aspx.
- 63.
See, Australian Institute of Health and Welfare, Adoptions Australia 2012–13, at: http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129545513.
- 64.
Note to author (20.06.2020).
- 65.
See, also, Adoptions Australia 2018–19, (AIHW), op cit, at p. 18.
- 66.
See, Harvey, I., ‘Transracial Adoption in Australia’, Adoption & Fostering, vol. 6 no. 1, 1982, pp. 43–49.
- 67.
The charity registration of Australian Families for Children Inc. was revoked, effective 31 July 2017 [see https://www.acnc.gov.au/charity/e8685e36cf82437a8031794c5f580d50].
- 68.
See, further, at: http://www.australiansadopt.org/AboutUs.php.
- 69.
See https://www.aihw.gov.au/getmedia/d0c1e19c-881a-4176-829c-fa37d62f8bae/aihw-cws-71.pdf.aspx, p. 52. According to which 126 Indigenous children were adopted during the 25-year period from 1994–95 to 2018–19; and 52 (41%) of them were adopted by Indigenous Australians (at p. 53).
- 70.
See, Australian Institute of Health and Welfare, Adoptions Australia 2018–19, at: https://www.aihw.gov.au/getmedia/d0c1e19c-881a-4176-829c-fa37d62f8bae/aihw-cws-71.pdf.aspx.
- 71.
See, Turner, J.N., ‘Adoption or Anti-Adoption? Time for a National Review of Australian Law’, 2 JCULR 43 (1995) for evidence that applications from step-parents and relatives, during the 1970s and early 1980s, dominated adoption proceedings in Australia.
- 72.
See, UN Dept of Economic and Social Affairs, Child Adoption: Trends and Policies, 2009, at p. 72.
- 73.
See, Australian Institute of Health and Welfare, Adoptions Australia 2018–19, at: https://www.aihw.gov.au/getmedia/d0c1e19c-881a-4176-829c-fa37d62f8bae/aihw-cws-71.pdf.aspx.
- 74.
In 1999/00, only 114 children were adopted by step-parents in Australia. See, further, Bates, F., ‘Children of Mansoul Adopted Children and Natural Parents: Some Comparative Developments’, (1989) 63 Australian Law Journal 314.
- 75.
See, for example, the Adoption Act 2000 (NSW) which makes an adoption order in favour of a step-parent conditional upon an established three year care relationship between applicant, birth parent and child and requires that the child be at least 5 years of age. In addition, relevant consents must be available and it must be proven that adoption is better than any other legal option for promoting the child’s welfare interests.
- 76.
In Western Australia, for example, adoptions by relatives other than step–parents are no longer permitted under the 2003 amendments made to the Adoption Act 1994.
- 77.
See, for example, McKillop, K. ‘Torres Strait Islander customary adoption: Providing legal recognition for alternative paradigms of family in Australia’ (2009), Chapter 7 in Other people’s children: Adoption in Australia, Spark, C., and Cuthbert, D. (eds).
- 78.
(2002) FLC 93–108. 096 at 88.297.
- 79.
Ibid., per Nicholson, C.J., Holden, J. and Monteith J.
- 80.
See, Turner, J.N. , ‘Adoption or Anti-Adoption? Time for a National Review of Australian Law’, 2 JCULR 43, 1995 at p. 45. Also, see, Barth, M., ‘Risks and Benefits of Open Adoption’, in The Future of Children, vol. 3, no. 1, 1993.
- 81.
See, Law Reform Commission Report 81, Review of the Adoption of Children Act 1965 (NSW), (1997).
- 82.
The Adoption Act 2009 is the primary adoption legislation in Queensland. The Adoption and Other Legislation Amendment Bill 2016—passed by the Queensland Parliament on 02 November 2016—introduced adoption plans.
- 83.
See, Australian Institute of Health and Welfare, report ‘Adoptions Australia 2012–13’ at p. 26. See, further, at: http://www.aihw.gov.au/adoptions/.
- 84.
The National Minimum Principles in Adoption refer to a maximum age difference of 40 years between adopter and child for a first placement and 45 years for any subsequent placement (para 6(1)).
- 85.
See, the Community Services Minister Pru Goward interview on ABC Radio (Thursday, March 20th 2014), at: http://www.theaustralian.com.au/news/latest-news/no-forced-adoption-for-aboriginal-children/story-fn3dxiwe-1226860324697.
- 86.
For example, in Victoria. See, further, at: https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/permanency-amendments-inquiry/.
- 87.
See, Australian Institute of Health and Welfare, Australian Adoptions, 2018–19, (at p. 54). Though this data must be used cautiously due to inconsistencies across states and territories (at p. 46).
- 88.
See, Turner, J.N. , ‘Adoption or Anti-Adoption? Time for a National Review of Australian Law’, 2 JCULR 43 (1995) for an analysis of the relative conformity in adoption law across all jurisdictions in Australia in the 1960s.
- 89.
Note to author (20.06.2020).
- 90.
- 91.
Australian Institute of Health and Welfare, Adoptions Australian 2018–19, p. 22.
- 92.
See: Adoption Act 1993 (ACT) and Adoption Regulations 1993 (ACT); Adoption Act 2000 (NSW) and Adoption Regulation 2003 (NSW); Adoption of Children Act 1994 (NT) and Adoption of Children Regulations 1994 (NT); Adoption Act 2009 (Qld) and Adoption Regulation 2009 (Qld); Adoption Act 1988 (SA) and Adoption Regulations 2004 (SA); Adoption Act 1988 (Tas) and Adoption Regulations 2006 (Tas); Adoption Act 1984 (Vic) and Adoption Regulations 2008 (Vic); and Adoption Act 1994 (WA) and Adoption Regulations 1995 (WA).
- 93.
For an alternative view, see the British Association of Social Workers, ‘The role of the social worker in adoption—ethics and human rights: An enquiry’ (2018) at: https://www.basw.co.uk/resources/role-social-worker-adoption-ethics-and-human-rights-enquiry.
- 94.
- 95.
See, Charlesworth, S., Turner, J.N. , and Foreman, L., Disrupted Families, Federation Press, Sydney, 2000 at p. 177.
- 96.
See, Blore, K., ‘A Gap in the Adoption Act 2009 (QLD): the Case for Allowing Adult Adoption’, QUTLJJ, Vol 10, Issue 1, pp. 62–86.
- 97.
(1993) FLC 92–807 at 85 106.
- 98.
(1992) 107 FLR 151. The relevant statutory provision being s 26(3) of the Adoption of Children Act (NSW) 1965.
- 99.
Arguably any such practice would be in breach of the Anti-Discrimination Act 1991 (QLD).
- 100.
In Australia the specified age limits are varied: South Australia, 18–55; New South Wales, at least 21 years of age or more than 18 years older than the child; in the Northern Territories, at least 25 years of age and more than 25 years older than the child and no more than 40 years older than the first adopted child and no more than 45 years older than any subsequently adopted child. See, also, the Council of Social Welfare Ministers, National Minimum Principles in Adoption at para 6.1 (1995) which requires a maximum age difference between adopters and adopted of 40 years for a first child and 45 years for subsequent children.
- 101.
Victoria, the Northern Territory, Tasmania, New South Wales, Western Australia, the Australian Capital Territory and South Australia.
- 102.
In Western Australia, adoptions by relatives other than step–parents are no longer permitted.
- 103.
An initiative promptly condemned by John Howard the then Australian Prime Minister. For evidence of a positive judicial approach to same sex parental care, see Re Patrick: An Application Concerning Contact (2002) FLC 93–096.
- 104.
See, the Adoption Amendment (Same-Sex Couples) Act (NSW) 2010.
- 105.
See, the Adoption Act 1994, s 39, as amended by the Acts Amendment (Lesbian and Gay Law Reform) Act 2002.
- 106.
See, the Adoption Act 1988, s 20, (as amended).
- 107.
- 108.
For example in Queensland in March 2003 approved couples had been waiting 10 years for a placement.
- 109.
In Queensland, for example, an amendment to the Adoption of Children Act 1964 effective from July 2002 specifies that the decision may only be made after consideration is given to matters concerning the needs of the particular child, the characteristics of the prospective adopters and the preferences expressed by the child’s birth parents.
- 110.
Note to author (20.06.2020).
- 111.
See Victorian Law Reform Commission, Review of the Adoption Act 1984 Consultation Paper (August 2016): [https://www.lawreform.vic.gov.au/sites/default/files/VLRC_Adoption_Act_Consultation_Paper-Web_final.pdf]; and Quartly, M., Swain, S. and Cuthbert, D., The Market in Babies: Stories of Australian Adoption, Monash University Publishing, 2013.
- 112.
Senate Community Affairs References Committee, Commonwealth contribution to former forced adoption policies and practices (February 2012), p. 143, https://www.aph.gov.au/parliamentary_business/committees/senate/community_affairs/completed_inquiries/2010-13/commcontribformerforcedadoption/report/index.
- 113.
See, for example, the Adoption Act 2000 (NSW).
- 114.
In Queensland, for example, the Adoption of Children Act 1964 permits maternal consent at any time after 5 days from giving birth but in practice the concern to ensure a reasoned and informed consent has resulted in no consents being sought until 10–14 days after birth. In New South Wales the Adoption Act 2000 specifies a period of 30 days after birth and a further period of 14 days to retract.
- 115.
See, DHCS/ACT, Dept of Disability, Housing & Community Services, ‘A Better System for Children Without Parents to Care for Them: Discussion Paper on the Adoption Act 1993’, ACT Government, May 2006.
- 116.
[2016] NSWSC 1926.
- 117.
See, Concluding Observations of the Committee on the Rights of the Child, Australia, U.N. Doc. CRC/C/Aus/CO/4, 2012, at para 53.
- 118.
Ibid.
- 119.
See, Concluding Observations of the Committee on the Rights of the Child, Australia, U.N. Doc. CRC/C/15/Add.268, 2005. The Committee then noted the efforts of the State party to implement fully article 12 of the Convention, but was concerned that the views of the child were not always sufficiently taken into account in judicial and administrative proceedings affecting the child (at para 29).
- 120.
See: Adoption Act 1993 (ACT) s 107; Adoption Act 2000 (NSW) s 122(2); Adoption of Children Act 1994 (NT) s 80; Adoption Act 1984 (Vic) s 106; and Adoption Act 1994 (WA) s 134.
- 121.
See: Adoption Act 1993 (ACT) s 43; Adoption Act 2000 (NSW) s 97; Adoption of Children Act 1994 (NT) s 45; Adoption Act 2009 (Qld) s 214; Adoption Act 1988 (Tas) s 50; Adoption Act 1984 (Vic) s 53; Adoption Act 1994 (WA) s 75.
- 122.
For many, the legal security and finality offered by the traditional absolute adoption order was the reason why it was to be preferred over all other relevant orders and the modern introduction of compromises (contact, access to identifying information etc.) have greatly reduced its attractiveness. For a thoughtful analysis of the reasons for the growing unpopularity of adoption see: Bates, F., ‘Adoption or Anti-Adoption’, 2 James Cook University Law Review 43 and ‘Review of the Adoption Information Act 1990 (NSW)’, 19 Monash University Law Review 343, 1994.
- 123.
See, for example in Queensland where s 12(5) of the Adoption of Children Act 1964 (as amended) states that in such circumstances an adoption order shall not be granted unless “the welfare and interests of the child would be better served by such an order than by an order for guardianship or custody”.
- 124.
Re JLR [2015] NSWSC 926.
- 125.
See, Castle, P., ‘Collaboration in Open Adoption: the Birth Mother’s Experience’, Australian Journal of Adoption, Vol 6, No 1.
- 126.
[2017] NSWSC 7.
- 127.
[2015] NSWSC 813.
- 128.
As cited in Monahan, G. and Hyatt, J., ‘Adoption Law and Practice in Australia’, (2018) 30 SAcLJ pp. 484–517, at p. 488.
- 129.
See, Mackieson, P. The introduction and implementation of Permanent Care Orders in Victoria, [Thesis], University of Melbourne, 2019, https://minerva-access.unimelb.edu.au/handle/11343/225705.
- 130.
Right to know legislation was introduced as follows: Victoria enacted legislation in 1984 and implemented it in 1985; New South Wales and Queensland in 1990 and 1991 respectively; the Australian Capital Territory in 1992 and 1993; and the Northern Territory in 1993 and 1994.
- 131.
Effective lobbying by the Queensland Adoption Privacy Protection Group, during the legislative process, succeeded in making this right subject to a condition enabling adopters to veto any divulging of information and any attempts by an adoption agency to contact an adopted person.
- 132.
Note to author (20.06.2020).
- 133.
Op. cit., at f/tnote 12.
- 134.
An integrated birth certificate is “a birth certificate which records both the birth and adoptive parents of an adopted person.” (Victorian Law Reform Commission, Review of the Adoption Act 1984, Report February 2017, Melbourne, p. x, https://www.lawreform.vic.gov.au/all-projects/adoption-act).
- 135.
Victorian Law Reform Commission, Review of the Adoption Act 1984, Report February 2017, Melbourne, https://www.lawreform.vic.gov.au/all-projects/adoption-act.
- 136.
The Victorian Adoption Act 1984 first made legislative provision for adoption orders subject to a condition permitting contact, direct or indirect, between the relinquishing birth parent/s and child but only with the agreement of the adopters.
- 137.
In Queensland it continues to be the case that there is no legislative requirement upon the state nor upon adoption agencies to offer any support services after the making of an adoption order to any of the parties concerned.
- 138.
- 139.
- 140.
- 141.
See, Winkler, R. and Van Keppel, M., Relinquishing Mothers in Adoption, 1983.
- 142.
Adoption Act 1984 (Vic) ss 92–94 and 96A.
- 143.
Ibid., ss 95–98.
- 144.
Australian Institute of Health and Welfare, ‘Adoptions Australia 2018–19’, at p. 32.
- 145.
See, further, Harper, P., ‘Adoption Law Reform: In Search of Self-Identity—Access to Information, 6 Legal Service Bulletin 52 (1981).
- 146.
See, for example, the Adoption Act 1994 (WA).
- 147.
See, Australian Institute of Health and Welfare, ‘Adoptions Australia 2016–17’, Table S22.
- 148.
See, Concluding Observations of the Committee on the Rights of the Child, Australia, U.N. Doc. CRC/C/15/Add.268, 2005. The Committee notes the national inquiry carried out in 1997 by HREOC into the separation of Aboriginal and Torres Strait Island children (the Bringing Them Home report), which acknowledged the past policies whereby indigenous persons were deprived of their identity, name, culture, language and family. In this respect, the Committee welcomes the activities undertaken by the State party to assist family reunification and improve access to records to help indigenous persons trace their families (at para 31).
- 149.
Anyone seeking identifying information about someone from whom they have been separated by an adoption in Australia would be advised to begin by contacting the respective state/territory (i.e. government authorised) adoption information service—see https://guides.slv.vic.gov.au/adoption/victoria and https://guides.slv.vic.gov.au/adoption/otherstates.
- 150.
See, further, Australian Adoption Links (Adoptee Searcher’s Handbook) and at: http://www.aiatsis.gov.au/fhu/adoption.html.
- 151.
Contact vetoes were removed from Victoria’s adoption legislation with the passage of the Adoption Amendment Act 2015.
- 152.
As cited in Adoptions Australia 2005–06, op cit at p. 28.
- 153.
See, further, Australian Institute of Health and Welfare, Adoptions Australia 2005–06, Canberra, 2006, at p. 25.
- 154.
See, the Senate Community Affairs References Committee’s 2012 report on the ‘Commonwealth contribution to former forced adoption policies and practices’ (at p. 5): https://www.aph.gov.au/parliamentary_business/committees/senate/community_affairs/completed_inquiries/2010-13/commcontribformerforcedadoption/report/index.
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O’Halloran, K. (2021). Australia. In: The Politics of Adoption. Ius Gentium: Comparative Perspectives on Law and Justice, vol 86. Springer, Cham. https://doi.org/10.1007/978-3-030-65588-4_10
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