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Western Australia - Legislation
Adoption of Children Act Amendment Act 1971 (1972 - 1995)
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Adoption of Children Act Amendment Act, 1971, 1 December 1971, courtesy of State Law Publisher of Western Australia.
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- 1972
- To
- 1995
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- Amending Act
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The Adoption of Children Act Amendment Act 1971 ( Act no. 024 of 1971) came into operation on 1 July 1972.
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The Adoption of Children Act Amendment Act included a number of changes to the Act and the Rules:
- A new section stated that the 'welfare and interest of the child shall be regarded as the paramount consideration' in adoption
- The desirability of 'husband and wife' adoptions was emphasised, but some of the restrictions imposed on single applicants were removed
- The criteria which would be used to judge the suitability of applicants were clarified
- The duties and responsibilities of the Director for child welfare were outlined, and included the Director to inform the court that an applicant was a suitable person to adopt
- To fit with other WA legislation, the age of majority was reduced to 18 years
- Adopted children were able to inherit in the same way as 'natural' children in the family
- Ministers and departmental staff were expressly exempted from any personal liability arising from carrying out their duties (in good faith) under the Act
In writing a report about the suitability of applicants to adopt children, the Director of child welfare was to take into account a number of factors, plus 'any other matter' or 'any special reasons' that were deemed relevant. An assessment was to be made of the applicant's:
- Age and health, including results of x-rays if these were ordered (it was a longstanding fear in WA that children might inadvertently be adopted by people with tuberculosis, and chest x-rays were often required)
- Assets, liabilities and financial standing
- Personal reputation
- Housing
- Ability to have children
- Size of family and family 'stability'
- 'Personal maturity and ability to give love and care to a child'
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Adoption of Children Act Amendment Act, 1971
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