Adopt Change the New South Wales legislative approach would bring meaningful change to adoptions in Australia, in particular
:… the dispensation of consent to adoption where a known carer applies for adoption of a child.
The legislation goes on to specifically allow parents’ views on adoption to be overridden where there has been welfare concerns for the child and the court considers that adoption would be in the child’s best interest.
Barnardos Australia recommend that all states and territories should align their legislation to the standards of New South Wales where
:… children’s consent and the new relationship with the carer is a ground for dispensation of parental consent.
Parental consent may be dispensed with under certain circumstances if the child consenting to adoption is over 12 in New South Wales
New South Wales is the only jurisdiction where children who are aged 12 and older, if they have sufficient capacity, can provide sole consent to their own adoption; therefore, the consent of the birth parents is not needed.
The children in child protection should not be able to choose to be adopted against there parents wishes studies show that they are unable to make such legally binding life long decisions
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