Current Victorian legislation
The provision of adoption services is also affected by Commonwealth legislation.
Recent legislative amendments
The Adoption Amendment (Adoption by Same-Sex Couples) Act 2015(opens in a new window) came into effect 1 September 2016.
It means lesbian, gay, bisexual, transgender and intersex (LGBTIQ+) couples can now apply to adopt in Victoria.
The Justice Legislation Amendment Bill 2022(opens in a new window) introduced integrated birth certificated and improved identity information accessibility under the Adoption Act 1984.
Adoption Regulations 2019
New Adoption Regulations were made 24 February 2019, following a review in late 2018.
The primary responsibility for the Adoption Act and Adoption Regulations is now with the Department of Justice and Community Safety. The review was undertaken by the Department of Health and Human Services before Adoption Services moved to the Department of Justice and Community Safety.
Victorian Law Reform Commission Report
In December 2015 the Attorney-General asked the Commission to provide recommendations to government on the modernisation of the Adoption Act 1984 and the Adoption Regulations 2008.
Matters reviewed included:
- ensuring children’s best interests and rights are the main considerations
- eligibility to adopt and the application process
- access to adoption information
- birth certificates of adopted people.
The Commission was not asked to examine adoption laws and practices that existed before the Adoption Act 1984; nor to review the law regarding intercountry adoption programs, nor to consider adoptions by same-sex couples or contact statements.
The Commission’s final report was tabled in Parliament on 7 June 2017.
Historical forced adoption in Victoria
Forced adoption refers to past practices that forcibly separated mothers and their babies.
National principles in adoption
In 1993, National Principles in Adoption were developed through the Community and Disability Services Ministers’ Conference.
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