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VPRS 12835 Court of Petty Sessions Adoption of Children Register

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Research Data Australia2024-12-14 收录
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The adoption of children was first regulated by the Adoption of Children Act 1928. This Act established adoption as a legal transfer of custody and of parental responsibility and gave responsibility for making adoption orders to the courts. Prior to this time, adoptions were informal arrangements often made by infants' homes.Under the 1928 Act an adoption application could be heard by the Supreme Court, County Court or Court of Petty Sessions. The choice of court depended upon the circumstances of the case and the wishes of the parties. The Court of Petty Sessions closest to where either the applicant/s or the child resided could only grant an adoption order if several parties gave their written consent to the adoption. The parties were:- the child's natural parent/s or guardian/s- the person having custody of the child- any person liable to contribute to the support of the child- where the applicant was married, the applicant's spouse.If the consent of any of these persons could not be obtained in writing, the case had to be heard in a higher court.This system remained in place until the passing of the Adoption of Children Act 1958 which removed the jurisdiction of the Court of Petty Sessions to grant adoption orders. Since that time the County and Supreme Courts have had the power to grant adoption orders, although in practice most have been granted by the County Court.Between the years 1928 and 1958 Courts of Petty Sessions maintained an Adoption of Children Register to record the details of adoption applications and decisions made by the court. Only adoption applications heard by the Court of Petty Sessions were recorded in the Register. For each case determined by the court the following details were recorded: case number; date of application; names, ages and occupations of couples applying; name, sex and age of infant; names of other respondents (usually mother or both parents, or guardian); minute of decision and remarks. In order to authenticate entries the Stipendiary Magistrate or Police Magistrate signed the Register after each order.
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