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ADOPTION AMENDMENT ACT (NO. 2) 2003 (NO. 8 OF 2003) - SECT 29

29 .         Section 52 amended

        (1)         Section 52(1)(a)(iii) is deleted and the following subparagraphs are inserted instead —


                  (iii)         is not more than 45 years older than the child in the case where the prospective adoptive parent is the younger of prospective joint adoptive parents who, as a couple, have not adopted a child before;

            (iiia)         is not more than 50 years older than the child in the case where the prospective adoptive parent is the older of prospective joint adoptive parents who, as a couple, have not adopted a child before;

            (iiib)         is not more than 50 years older than the child in the case where the prospective adoptive parent is the younger of prospective joint adoptive parents who, as a couple, have adopted a child before;

            (iiic)         is not more than 55 years older than the child in the case where the prospective adoptive parent is the older of prospective joint adoptive parents who, as a couple, have adopted a child before;

            (iiid)         is not more than 45 years older than the child in the case where the prospective adoptive parent is a prospective sole adoptive parent and has not adopted a child before (whether as a joint or sole adoptive parent); or

            (iiie)         is not more than 50 years older than the child in the case where the prospective adoptive parent is a prospective sole adoptive parent and has adopted a child before (whether as a joint or sole adoptive parent);

”.

        (2)         Section 52(1)(a)(v) is deleted and the following subparagraphs are inserted instead —


                  (v)         meets, if relevant, the child’s wishes;

            (va)         recognises the value of, and need for, cultural and ethnic continuity for the child;

            (vb)         shows a desire and ability to continue the child’s established cultural, ethnic, religious or educational arrangements;

”.

        (3)         After section 52(1)(a) the following paragraphs are inserted —


            (aa)         where the adoption applications committee has approved the prospective adoptive parent in accordance with section 13(2), the child belongs to a category of children in respect of whom the prospective adoptive parent has been approved for prospective adoptive parenthood;

            (ab)         where the child is an Aboriginal person or a Torres Strait Islander, the placement is in accordance with the Aboriginal or Torres Strait Islander children — placement for adoption principle as set out in Schedule 2A;

”.



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