Adoption of Children Act Amendment Act 1971, Western Australia

The Adoption of Children Act Amendment Act 1971 ( Act no. 024 of 1971) came into operation on 1 July 1972.

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’