Adoption of Children Act.-1925. (d) shall be satisfied that the child, if over the age of twelve years, consents to the adoption; and (e) shall require the consent in writing of the parents of the child, subject however to the provisions of section 6. 6. The following provisions shall have effect with respect to the Consent of parents or guardians. consent of parents: 1. Where one of the parents is dead, or incapable of consent- II. Where the child is not in the legal custody of either of its III. Where any person, or society or body of persons, has been IV. In the case of an illegitimate child the consent of the father v. Where no person, or society or body of persons, has the vi. Where, before the commencement of this Act, a child has parents may be 7. (1) Notwithstanding anything in section 5 or section 6, if In certain cases of the Court making an order of adoption of any child is satisfied adoption consents of that any parent or person, or society or body of persons, having dispensed with. the legal custody of the child is for any reason unfit to have Cf. ibid., s. 23. the custody or control of the child, and that notice of the application for the order of adoption has been given to such parent or person or society or body of persons, such Court may, if it thinks fit, in making the said order dispense with the consent of such parent or person or society or body of persons. (2) Any parent or person or society or body of persons whose consent is thus dispensed with may, within one month after the making of the order of adoption, make application to any Judge of the Application may be adjourned to enable to live together. Adoption of Children Act.-1925. the Supreme Court, on notice to the adopting parent or parents, to discharge such order, and the Judge may in his discretion discharge such order accordingly, on such terms as he thinks fit. (3) Any such discharge shall have the same effect as a discharge made under section 14. 8. The Court may in any case adjourn the hearing of an appliapplicant and child cation for an order of adoption for such period, not exceeding one year, and on such conditions, as it thinks fit, and may direct that during such adjournment the child shall live with and be in the legal custody of the applicant. Child may be adopted 9. Except by a husband and wife, as hereinbefore mentioned, no only by one person. child shall be adopted by more than one person. Ibid., s. 19. Adopting parent not 10. It shall not be lawful for any person adopting a child under to receive premium. this Act to receive any premium or other consideration in respect of such adoption, except with the consent of the Court or a Judge of the Supreme Court. Ibid., s. 20. Adopted child to child of adopting parent. Ibid., s. 21 (1). 11. When an order of adoption has been made, the adopted have legal status of child shall for all purposes, civil and criminal, and as regards all legal and equitable liabilities, rights, benefits, privileges, and consequences of the natural relation of parent and child, be deemed in law to be the child born in lawful wedlock of the adopting parent: Provided always that such adopted child shall not by such adop tion-. Adopting parent to I. acquire any right or title or any interest whatsoever in any property which would devolve on any child of the adopting parent by virtue of any deed, will, or instrument whatsoever executed or made prior to the date of such order of adoption, unless it is expressly so stated in such deed, will, or instrument; nor II. be entitled to take property expressly limited to the heirs of the body of the adopting parent, nor property from the lineal or collateral kindred of such parent by right of representation; nor III. acquire any property vested or to become vested in any child of lawful wedlock of the adopting parent in the case of the intestacy of such last-mentioned child, or otherwise than directly through such adopting parent. 12. When an order of adoption has been made, the adopting parent shall for all purposes, civil, criminal, or otherwise howsoever, be deemed in law to be the parent of such adopted child, and be subject to all liabilities affecting such child as if such child had been born to such adopting parent in lawful wedlock; and such order of adoption Adoption of Children Act.--1925. adoption shall thereby terminate all the rights and legal responsibilities and incidents existing between the child and his or her natural parents, except the right of the child to take property as heir or next of kin of his natural parents directly or by right of representation. 13. (1) An adopted child shall, unless the Court for any special reason otherwise orders, bear the name of the adopting parent, in addition to his own name. (2) When an order of adoption has been made the Court shall communicate to the Registrar-General of Births and Deaths the fact that the child has been adopted, whereupon the said Registrar-General shall cause to be entered in the certificate of registration of the child's birth in the register of births kept pursuant to the Registration of Births and Deaths Act, 1874, the word "adopted," and shall issue to the Court a certificate showing the Christian name or names and the date and place of birth of the adopted child, which certificate shall be then endorsed by the Court with the full name of the adopting parent and the full name of the adopted child, and returned by him to the said Registrar-General, who shall deal with such certificate as though it were a certificate of birth forwarded to him under the said Act by a District Registrar, and the said Act shall apply to and in respect of such certificate as though it were the certificate of registration of the child's birth. Name of adopted child and registra tion of adoption. reversed or 14. (1) It shall be lawful for any Court, or for any Judge of the Orders may be Supreme Court, in his discretion, to vary or reverse and discharge discharged. the order of adoption of any child, subject to such (if any) terms and conditions as it thinks fit. Ibid., s. 22 (1). responsibilities of (2) Where an order of adoption is discharged, then, subject to On discharge of the conditions (if any) stated in the discharging order, the child order rights and and its natural parents shall be deemed for all purposes to be natural parent restored to the same position inter se as existed immediately before revives. the order of adoption was made: Provided that such restoration Ibid., s. 22 (2). shall not affect anything lawfully done whilst the order of adoption was in force. connection with 15. (1) Upon the application in writing of the manager for the Adoption in time being of any benevolent or other institution, established in con- benevolent or other nection with any religious denomination, who is desirous of adopting institutions. any deserted child in connection with such institution, any Court Ibid., s. 24. on being satisfied (a) that such child is deserted; (b) that such child is of the same religious denomination as that of the institution whose manager makes the application, and (c) that Sections 9 to 12 Marriage law not Rules of Court. Regulations. Cf. ibid., s. 25. Adoption of Children Act.-1925. (c) that such institution is properly conducted, and is capable of properly bringing up such child, may make an order authorising the manager for the time being of such institution to adopt such child in connection with such institution, such child retaining his or her own name, and in no manner inheriting or succeeding to any property, real or personal, or otherwise howsoever, of such manager or institution. (2) Sections 9 to 12 shall not apply to the case of any child adopted as provided by this section, except as to the determination of all rights of the child's natural parents, and as to the rights of the child to take property, as respectively stated in section 12: Provided always that such child shall be entitled to the support, maintenance, and advancement afforded by such institution, and all such other rights, benefits, privileges, and advantages appertaining thereto, all which it shall be the duty of the person or body for the time being managing or controlling the said institution to provide. 16. Nothing in this Act shall be construed as authorising any marriage that could not lawfully have been contracted if this Act had not been passed. 17. The power to make rules conferred by the Supreme Court Act, 1878, shall include power to make rules for regulating the exercise of the jurisdiction by this Act conferred on the Judges of the Supreme Court. 18. (1) The Governor may make such regulations, not inconsistent with this Act, as may be necessary or convenient for fully effecting the objects and provisions of this Act, including (but without limiting the operation of this section) regulations prescribing 1. The forms and mode of procedure to be used in exercising the jurisdiction hereby conferred upon the Court; II. The mode of registering and keeping a proper register of all orders made under this Act; and III. The fees to be paid in respect of such procedure and registration, and otherwise. (2) The regulations made under this section shall make provision(a) that where application is made for the purpose by the applicant for an order of adoption, or on behalf of the child proposed to be adopted, the proceedings shall be held in camera; and (b) for applications being made and dealt with, where so desired by all parties to the proceedings, in such a way that the identity of the child proposed to be adopted shall Adoption of Children Act.-1925. shall not be disclosed to the applicant for the order of adoption, and that the identity of the adopting parent shall not be disclosed to the parents or guardian of the child proposed to be adopted. In the name and on behalf of His Majesty, I hereby assent to this Bill. TOM BRIDGES, Governor. Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. |