COUNTY COURT OF VICTORIA

Transcription

1 A GUIDE TO MAKING AN ADOPTION APPLICATION TO THE Forms required for applications pursuant to the Adoption Act 1984 FORMS PURSUANT TO ADOPTION RULES Form of Summons for Adoption Order [Form 1] This form must be in duplicate. A summons may refer to more than one child. [Form 2] 2. Form of Notice of Identification (iii) (iv) (v) A single copy only of this form is required If more than one child is the subject of the application a separate form must be prepared for each child. Both applicants to sign the form if making the application on your own behalf. If you have a Solicitor acting for you, the Solicitor ( not the solicitor s firm) must personally sign the Notice. The Notice of Identification must have the child/ren s full name/s prior to adoption and the date & place of birth of the/each child as well as parents names if known. 3. Form of Affidavit of Application [Form 3] (iii) (iv) (v) One copy only of the affidavit must be filed with the Court. One affidavit may be used for more than one child. The Affidavit must comply with form 3 of the Rules with any necessary modifications and additions as are required. If there are 2 applicants, both must swear and sign the Affidavit of Applicants Any Affidavit must be witnessed by a prescribed person such as a Registrar/Deputy Registrar at any court house, Justice of the Peace, Solicitor, Police Officer of the rank of Sergeant or above or Municipal Clerk etc. 4. Form of Adoption Order [Form 9] This form must be in duplicate. If more than one child is the subject of the application separate forms must be prepared for each child William Street, Melbourne VIC 3000

2 FORMS PURSUANT TO ADOPTION REGULATIONS Memorandum of Adoption Order [Schedule 21] This form must be in duplicate (or in triplicate for Inter country Adoptions). If more than one child is the subject of the application separate forms must be prepared for each child. Guardian s Report 6. This report is prepared by the Authorized Adoption Agency and is either given to the applicants to file with the documentation outlined above or is filed by the Authorized Adoption Agency directly with the Court. Fee on Originating Adoption Summons 7. The fee payable to the County Court of Victoria is: $ Adult Adoptions 8. The following documents are required to be filed with the Court for an "Adult Adoption" Original current birth certificate of the person to be adopted. Affidavit of Consent of person being adopted NOTE: A Guardian's Report and Parent's Consent are not required for Adult Adoptions. However, pursuant to s16(3), the court generally requires the natural parent(s) be notified, by registered post, that "A" intends to apply to the County Court to adopt "B". An affidavit of service annexing proof is required. All Applicants must note the following matters Application by both parents 9. The affidavit of applicants must be made out and signed by both applicants More than one child being adopted 10. The Summons (Form 1) and Affidavit of Applicants (Form 2) may refer to more than one child. However, Notice of Identification (Form 2), Adoption Order (Form 9) and Memorandum of Adoption (Form 21) must be filed separately for each child. Persons in whose favour an Adoption order may be made 11. An Adoption Order may be made in favour of a man and a woman William Street, Melbourne VIC 3000

3 (iii) (iv) who are married to each other and have been so married for not less than two years or whose relationship is recognized as a traditional marriage by an Aboriginal community or an Aboriginal group to which they belong and has been so recognized for not less than two years; or who are living in a de facto relationship and have been so living for not less than 2 years; or who have been living with each other in any combination of the relationships referred to in paragraphs (a) to (c) and have been so living for not less than 2 years - before the date on which the order is made. Step-Parent Adoptions 12. The spouse of the natural parent is the sole applicant. Step-parent adoption affidavits must also address section 11(6) of the Adoption Act 1984 as to why a Guardianship/Custody order (now called parenting orders ) would not make adequate provision for the welfare and interests of the child, whereas an adoption order would; and the exceptional circumstances that exist which justify making an adoption order. 13. Factors to take into account when applying for a step-parent adoption: (iii) The non-custodial parent s consent must be obtained; Adoptions are discouraged if the custodial parent was previously married to or had a lengthy relationship with the other parent of the child; There is a Family Court Order in respect of a child of a marriage - leave is required from the Family Court (Section 60G of the Family Law Act) for the step parent to commence proceedings for the adoption of that child if the noncustodial parent is the subject of a parenting order ie: there is contact (access) and/or maintenance orders and the non-custodial parent is complying with the conditions of those orders, then an adoption application may not be appropriate; William Street, Melbourne VIC 3000

4 (iv) if the adoption agency that is going to provide a report to the court is not prepared to recommend an adoption order it becomes very difficult for your application to succeed. Filing of Documents with the County Court and payment of Prescribed Fee 14. All the above mentioned forms must be lodged with the County Court for issuing. The prescribed fee must be paid at the same time. Service of Documents:(for all applications except adult applications) 15. Unsealed copies of Form 2 (Form Of Notice Of Identification), Form 3 (Form Of Affidavit Of Applicants), and original Birth certificate must be served on Human Services or on an alternative approved Adoption Agency. (Listed at the end of this document) Affidavit of Service 16. An Affidavit of Service to the effect that the documents referred to in paragraph [vi] have been served on the appropriate agency should be filed immediately with the Court. Guardians Report 17. The Adoption Agency will prepare a Guardian's Report for the Court as well as arrange for all necessary consents to be taken. Lodging Your Documents 18. Documents may be lodged by mail, however if you wish to attend the Court to lodge them, ring the Adoptions Registrar at the County Court on to arrange a time convenient to you both. If lodging in person, go to the ground floor of the County Court at 250 William Street, Melbourne to lodge the documents with the Adoptions Registrar. He/she will check them and advise you if they are all in order. If a document is not in order the Adoptions Registrar will return all of the documents to you. This may result in a delay in the processing of the application. Payment of the prescribed fee 19. You will be required to pay the prescribed fee of $ when you lodge your documents. Payment should be by way of cash, bank cheque or money order. (Personal cheques cannot be accepted.) William Street, Melbourne VIC 3000

5 The Summons 20. If the application is accepted a Summons will be sent to you or, if you are using one, your Solicitor, advising of the date and time of the Adoption Hearing. If it is sent to your Solicitor s office, they will advise you when the adoption is listed. 21. Where an adoption agency prepared the report they must be served with a copy of that Summons by you or your representative no later than 5 days before the hearing. The Hearing Venue and Time 22. The hearing is usually conducted in a court room of the County Court at 250 William Street Melbourne 23. Once you reach the County Court, go through the security area then proceed to the Registry counter to announce your arrival. Look for your Solicitor and/or a representative of the Adoption Agency. The Adoptions Registrar will greet you and escort you to the allocated Court. 24. The usual time for hearings is at 9:30 am. or 10:00 am on either a Tuesday, Wednesday or Thursday What should you take to the Hearing? 25. You should be early and bring copies of your documents. 26. It is recommended that you bring a camera. You are allowed to take photos in the court room with the Judge after the order is made. Is the hearing Formal? 27. The hearing is held "in camera" that is, in private, and the general public are not permitted to enter the court room. 28. Although the adoption process is extremely formal from the point of view of the application and the documents having to comply with legislative provisions, the actual hearing is held as informally as possible and in a relaxed atmosphere. DO NOT WORRY! 29. Judges consider hearing Adoption Applications as one of their more pleasurable duties William Street, Melbourne VIC 3000

6 Who May Attend the Hearing? 30. You and your partner attend with your child/ren and appear before a Judge. 31. If a Solicitor has acted for you he/she will also attend. 32. You may wish to invite family and friends. 33. Most Judges do not usually object to photos or videos being taken. It is best to ask the Judge at the hearing if you can take photos. 34. There is usually a representative from the Adoption Agency that compiled the report at the hearing although this depends on the type of application. 35. The Adoptions Registrar of the County Court Registry will be in attendance at the hearing to assist both you and the Judge. 36. You may find that there is another family awaiting the hearing of their adoption application too. Just like you, they will be waiting to see the Judge. Before leaving the Court. 37. Make sure you have the Certificate of Adoption which the Judge will present to you or the child/ren. 38. A new Birth Certificate for your adopted child will be available from the Registry of Births, Deaths and Marriages, Ground Floor 595 Collins Street, Melbourne within 10 days of the adoption order being made. You will need to apply for this. An application form is available from that office or any post office William Street, Melbourne VIC 3000

7 USEFUL ADOPTION CONTACTS SOLICITORS: LAW INSTITUTE OF VICTORIA REFERRAL SERVICE o Phone: o This referral service will usually give you the names of three solicitors who deal with Adoption applications. The referral service will also try to give you the names of solicitors in a particular locality. ADOPTION INFORMATION SERVICES: FAMILY RECORDS AND INTERCOUNTRY SERVICES o Phone: o 20th Floor, 570 Bourke St., Melbourne, 3000 o (This is the principal service to whom persons seeking information should make their initial enquiries. It will be necessary to make an appointment.) CATHOLICCARE, ADOPTION INFORMATION SERVICE o Phone: o 3 Wingfield Street Footscray 3011 o This service is available in respect of adoptions where the Catholic Family Welfare Bureau was the Adoption Agency INTERCOUNTY ADOPTION RESOURCE NETWORK (ICARN) o VICTORIAN ADOPTION NETWORK FOR INFORMATION AND SELF-HELP (VANISH) o 1st Floor, 50 Howard Street, North Melbourne, Victoria 3051 o Phone: (03) or Toll Free: 1300 VANISH ( ) o Fax: (03) o info@vanish.org.au REGISTRY OF BIRTHS, DEATHS AND MARRIAGES o Phone: o P.O. Box 4332, Melbourne, 3000 DEPARTMENT OF HUMAN SERVICES CENTRAL RESOURCE EXCHANGE - ADOPTION & PERMANENT CARE o Phone: o Post: Locked Bag 2015, Box Hill 3128 o adoption.inquiry@dhs.vic.gov.au William Street, Melbourne VIC 3000

8 APPROVED ADOPTION AGENCIES: INTERCOUNTRY ADOPTION SERVICE o 20th Floor, 570 Bourke Street, Melbourne, 3000 o Phone: DEPARTMENT OF HUMAN SERVICES (BOX HILL) o 883 Whitehorse Road, Box Hill 3128 o Ph: (03) DEPARTMENT OF HUMAN SERVICES (GEELONG) o Floor 2, Corner Little Malop and Fenwick Streets, Geelong 3220 o Ph: (03) DEPARTMENT OF HUMAN SERVICES (PRESTON) o 679 High Street, Preston 3072 o Ph: (03) DEPARTMENT OF HUMAN SERVICES (SHEPPARTON) o 163 Wellsford Street, Shepparton 3630 o Ph: (03) CONNECTIONS o 274 High Street, Windsor 3181 o Ph: (03) ANGLICARE WESTERN o 41 Somerville Road, Yarraville 3013 o Ph: (03) ANGLICARE GIPPSLAND o 65 Church Street, Morwell 3840 o Ph: (03) ST LUKES ANGLICARE o Hargreaves Street Bendigo 3550 o Ph: (03) CATHOLICCARE o 3 Wingfield St, Footscray VIC 3011 o Ph: (03) AUSTRALIAN JEWISH WELFARE AND RELIEF SOCIETY o Alma Rd., St Kilda, 3182 o Phone: LDS FAMILY SERVICES ADOPTION AGENCY (Note: Applications accepted from Mormons only) o 1st Floor 1027 High St., Armadale, 3143 o Phone: THE VICTORIAN ABORIGINAL CHILD CARE AGENCY o 34 Warruk Avenue, Preston o Phone: William Street, Melbourne VIC 3000