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Western Australian Holdings

  1. Adoption Acts, Parliamentary Debates
  2. State Archives
    1. State Library
      • Issues papers, submissions, select committee reports
    2. State Records Office of Western Australia
      • Agencies
    3. State Library
      • Collections
      • Oral Histories
      • Video
      • Printed primary sources
      • Pamphlets, newsletters, annual reports
      • Newspaper and magazine articles
      • Secondary sources
      • First person writing
      • Books, papers, theses
  3. Adoption services providers
  4. Support services
  5. Holdings at University of Western Australia

Adoption Acts – Western Australia

On the whole, legislation in Western Australia has become more transparent, while at the same time has lost some of its flexibility.

Adoption of Children Act, 1896 - 1981 (ACA 1896)

Little comment recorded in:
Parliamentary Debates, Vol. IX, 1896.
1st reading 14th July 1896 (p.44)
Bill passed 20 September 1896 (p.465)
It was believed that people were abandoning young children to carers; then trying to reclaim them when they were of an age to earn money.

Adoption of Children Amendment Act, 1985 (ACAA 1985)

Adoption Act 1994
An Act to make provision for the adoption of persons and for the parties to adoptions and their relatives to have access to information about the parties, to repeal the Adoption of Children Act 1986, and for related purposes.

The Adoption Rules 1995
Adoption Regulations 1995

A review of the Adoption Act 1994 will begin in 2006, possibly leading to amendments to the Act by approximately 2009.

Significant Changes in the Western Australian Adoption of Children Act 1896 Concerning Disclosures of Information and Change of Name
(Taken from A New Approach to Adoption: Final report, 1991)

1896
Original Act did not specifically provide for any secrecy of records. Adopted children retained their original names and simply added the adoptive parents surnames, thus creating ‘double barrelled' surnames
1921
Major amendment to introduce secrecy. Adopting parents objected to child retaining original surname. Amendment meant that adopted child assumed the adoptive parents surname but kept his/her original first (Christian) names. Adoption records only open to inspection with permission of the Master of the Supreme Court
1926
Legislation to amend Adoption Act to prevent adopted child from obtaining original birth certificate. Up until then a new registration was not made on adoption – apparently a notation of the adoption was just made on the original birth entry. Hence on applying for a birth certificate adopted children might suddenly realise that they were not the children of those who adopted them, and whom they had always regarded as their parents.
1945
Amendment to prevent persons born in WA, but adopted in another state, from obtaining their original birth certificate (and hence details of their “natural” parents). Reciprocal arrangements made with other States and Territories to have original birth record closed on granting of an adoption in any state.
1949
  1. Requirement of original Act that children 12 years and over consent to their own adoption amended so that consent could be dispensed with in special circumstances – the fact that a child was not aware of its adoptive status was specifically mentioned as an example of “special circumstances”.
  2. Provision made to allow complete change of name of adopted persons     name on adoption. Prior to this only the surname was changed by adoption although it was possible for the first names to be changed through use of the Change of Name regulations.
  3. Original Birth Registration automatically changed on adoption – a copy of the Order automatically sent to the Registrar-General for this purpose. Prior to 1949 the original birth registration was only altered if application was made by the adoptive parents on their initiative. Registrar-General's Record specifically stated to be not available to the general public.
1953
Amendment allowing registration of the birth of a child adopted in WA but born elsewhere. Up until then such a child could only obtain a birth certificate from its country of birth, and if that country did not have reciprocal arrangements with WA (as per 1945 amendment), that birth certificate would be in the child's original name – not the adoptive name. An adopted child to whom the above applied could therefore find its original name and the fact (where applicable) that he/she was adopted.
1970
New Adoption of Children Rules amended the form 14 “Application for Order of Adoption” so that the details of the relinquishing parents were not included. Before that the forms that ALL adoptive parents signed had this information included although it was often “covered up” or left until after the adoptive parents signed.
Only adoptive parents who adopted privately could routinely become aware of the relinquishing parent's name and address.
1980
Amendment to allow child over 12 or over to retain original surname on          adoption if he/she desires this and the Judge considers it to be in the    child's interest.
1985
An adult adopted person may apply in writing for an extract of a certified copy of their original birth entry, provided that person has attended a counselling session with an approved counsellor and there is no entry on the Adoption Contact Register to the effect that the birth parent(s) does not wish to have contact with that person.
1994
Adoption Act 1994 Principles:
  1. The paramount considerations to be taken into account in the administration of this Act are:
    1. the welfare and best interests of a child who is an adoptee or a prospective adoptee;
    2. the principle that adoption is a service for a child who is an adoptee or a prospective adoptee; and
    3. the adoption of a child should occur only in circumstances where there is no other appropriate alternative for the child.
  2. It is acknowledged that adoption is not part of Aboriginal or Torres Strait Island culture and that therefore the adoption of a child who is an Aboriginal person or a Torres Strait Islander should occur only in circumstances where there is no other appropriate alternative for that child.

Open adoption means that the three main parties to an adoption; the child, the birth parents and adoptive parents are aware of each other's identity.

2005
Changes to Information Vetoes for adoptions that occurred in the past
(Department for Community Development website)
In the past, access to identifying information about the people involved in an adoption was able to be restricted, through the lodgement of information vetoes, which could be lodged by birth parents, the adoptive parents or the adoptee. As a result of ‘open adoption' where identifying information is given to all parties, changes have been made regarding vetoes.
From June 1 2005 the effects of Information Vetoes ceased. Contact Vetoes are to continue.

State Archives

State Library of Western Australia

The J S Battye Library is part of the State Library. It specifically collects material relating to Western Australia's history. A large percentage of the documents listed below must be retrieved by library staff from the library “Stack”. If the call number only is given below, the document is easily available.

Issues Papers, Submissions, Select Committee Reports

(In chronological order)

A System of Review and Planning for Children in Limbo: Report to the Hon. Minister for Community/Backlog Procedures Committee
Western Australia Backlog   Procedures Committee, Department for Community Welfare, 1982.
Q362.73 WES
Submission to the Minister for Youth and Community Services, WA Parliament Regarding Proposed Changes to the Adoption of Children Act and Adoption Practice,
Submitted by the Association of Relinquishing Mothers (WA Branch),
6 June 1983.
Q346.9410178 ASS,
3rd Floor, Stack, Ask staff
Report of the Select Committee of the Legislative Assembly Appointed to Enquire into the Adoption of Children Amendment Bill, 1984.
Presented by Mr Michael Barnett MLA, Thursday 11 October 1984
Q346.941078 WES
38 Written submissions received from:
Family Law Practitioners Association of WA
Australian Family Association
Catholic Social Welfare Commission
Pregnancy help (centre care)
Ngala Mothercraft Home and training Centre
Director of the Department for Community welfare
Association of Relinquishing Mothers
Concern for the Infertile Couple
Australian Medical Association (WA)
Department of Psychology (UWA)
Dr A.G.B O'Neil
Dr B. Buttsworth
(Plus 26 other submissions which are to remain anonymous)
10 oral submissions from:
Mr B.A. Peachey – Australian Family Association
Mrs Blackburn – Adoption Jigsaw
Mrs C.C. Shoenmakers – Pregnancy Help
Mrs E.S. Moulds – Association of Relinquishing Mothers
Dr A.G.B. O'Neil
Dr B. Buttsworth
(Plus 4 other submissions which are to remain anonymous)
Backlog Procedures Committee Report/Response and questions from Adoption       Jigsaw WA Inc, 1987?
Q362.73 ADO
3rd Floor, Stack, Ask Staff
The Adoption Triangle: A Question of Balance: Issues Paper,
Prepared by the Adoption Legislative Review Committee, 1989
Q346.9410178 ADO
Chairperson Ms Liza Newby
Members
Mr John Booth
Ms Rosemary Cant
Ms Daphne Cross
Ms Margaret van Keppel
Ms Farley O'Dea
Ms Jackie Watkins
A New Approach to Adoption: Draft Report
Prepared by the Adoption Legislative Review Committee, Perth, March 1990.
Q346.9410178 WES
Very useful discussion of issues
A New Approach to Adoption: Final Report
Prepared by the Adoption Legislative Review Committee, Perth, February, 1991.
Q346.9410178 WES
A New Approach to Adoption: Summary and Recommendations
Prepared by the Adoption Legislative Review Committee, Perth, February, 1991.
Q346.9410178 WES
Adoption Legislative Review: Adoption Act (1994): Issues paper
Prepared by the Adoption Legislative Review Committee (Family and        Children's Services), Perth, May, 1997.
Q346.941078 WES.
A review of the 1994 legislation. Was prepared to assist those wishing to make a submission to the Committee. It outlines the major features of the Adoption Act 1994 and gives an overview of the major provisions of the Act and the implications for people affected by adoption. [Various interest groups had insisted on the review clause].
Adoption Legislative Review: Adoption Act (1994): Final Report
Prepared by the Adoption Legislative Review Committee, Perth, November, 1997.
Q346.941078 WES

State Records Office of Western Australia (SROWA)

The State Records Commission of WA has ultimate responsibility for the records and can override government departments in regard to access decisions.

Department for Community Development (2) 1 July 2001

Preceding agencies
State Children's Department 1 January 1917 – 22 December 1927
Child Welfare Department 22 December 1927 – 15 June 1972
Department for Community Welfare 16 June 1972 – 1 January 1985
Public Charities and State Children's Department 1 January 1908 – 1 January 1917
Department for Community Development (1) 1 October 1992 – 1 July 1995
Department for Family and Children's Services 1 July 1995 – 1 July 2001

Adoption Indexes

Series
2324
Start date
1 January 1908
End date
31 December 1966
Series description
Adoption Indexes used by the Child Welfare Department (and preceding agencies). They are an alphabetical listing of birth names of adopted children – and in some cases, adopting parents – who were registered by the Department. The indexes provide references to either a page number in the Department's adoption registers, or else to a Child Welfare file. The Department of Community Development also maintains a series of adoption cards which the indexes refer to.
Access
The Adoption Indexes remain in the custody of the Department of Community Development. Access is through Colin Keogh (see below Adoption Organisations). Mr Keogh has indicated that to apply for access to information the History of Adoption Project would need to apply to the Adoption Services Office, Department for Community Development, setting out the parameters of the project, the funding and the personnel involved. The request for access would be assessed by the Research Committee and there would need to be written agreements regarding the use of data. At this time Mr Keogh believes the Department would agree to access to administrative records, but not family files.

Department of Indigenous Affairs 1 July 2001

Preceding agencies
Aboriginal Affairs Department 1 November 1994 – 1 July 2001
Department of Native Affairs 1 January 1936 – 31 December 1954
Department of Native welfare 1 January 1955 - 1 January 1972
Aboriginal Affairs Planning Department 1 January 1972 – 1 November 1994
Aborigines Department (2) 1 January 1926 – 1 January 1936
Department of the North West (1) 1 January 1920 – 1 January 1926
Fisheries Department (2) 1 January 1920 – 1 September 1964
Department of Aborigines and Fisheries 1 January 1909 – 1 January 1920
Aborigines Department (1) 1 April 1898 – 1 January 1909
Aborigines Protection Board 1 January 1886 – 1 April 1898

Many reports, correspondence and other records which may relate to adoption of Aboriginal children, or to the stolen generation. Many records are on open access.

State Library

Collections
All to be used only in the Researchers Room, Level 4, State Library of WA.

Oral histories

Video

Printed primary sources

Pamphlets, newsletters, annual reports

A Guide to search, mediation and contact, Family Information and Adoption Services, Department of Family and Children's Services, 1997.
Notes that adoption files held by Family Information and Adoption Service go back to 1920s, but minimal records of private adoptions until 1960s
Adoption: What are the alternatives? A Pamphlet for Mothers who are considering placing their children for adoption
The Association of Relinquishing Mothers, Tuart Hill, 1985.
362.8392 ADO
3rd Floor, Stack, Ask Staff
Very useful
Adoptions International News, 1999-2005, AIWA (Adoptions International Western Australia)
362.734 ADO
3rd Floor, Stack, Ask Staff
Articles, letters, information and advice
Adoptive Parents Newsletter, 1986-1992, Adoptive Parents Association of WA
Q362.734 ADO and Q363.734 NEW
3rd Floor, Stack, Ask Staff
Information. History of adoption in WA
Annual Reports of the State Children's Department, Perth, in Minutes, Votes and   Proceedings of the Parliament….with papers presented to both Houses, Government printer, Perth, 1890-2005.
For example, 1912, - Lists numbers of state wards, conduct of orphanages,             illegitimate children, numbers of adoptions.
Annual report, 2003-2005, Adoption Jigsaw WA Inc
362.734 ADO
3rd Floor, Stack, Ask staff
ARMS update, 1983-1997, Association of Relinquishing mothers,
362.734 ARM
3rd Floor, Stack, Ask Staff
Articles, letters, newspaper articles, information and advice
Bayliss, Janet, et al, (contributors), Procedure for the Assessment of Adoptive Parents, Department for Community Services, WA, 1987.
Contents
Part 1   - A research-based rationale for the assessment procedure
Part 2   - The practitioner's guide to the procedure
Part 3   - Collating the information to make a recommendation
Q362.734 PRO
Information about adoption, Department for Community Development, WA
1 (Sep 1994) – 15 (1996)
362.734 INF
3rd Floor, Stack, Ask Staff
Jigsaw Pieces, Adoption Jigsaw WA
1988-2005
Q362.734 JIG
3rd Floor, Stack, Ask Staff
Very useful. Discussion of reunions, infertility, advice and information
New options in Adoption: Understanding Western Australia's New Laws on Adoption,
Prepared by Public Affairs Branch, Department for Community Development, Perth, 1994.
346.9410178 NEW
3rd Floor, Cabinet
Newspaper and magazine articles
(No on-line catalogue. Limited card catalogue references, but mostly quoted in various books and newsletters. Page references rarely given; topics not always. Many references come from Elphick, Adoption Jigsaw, so some bias in selection of topics)
 
West Australian:
4 October 1973, p.11 Legislation to strengthen protection of people involved in adoption
27 May 1974, p. 13 Overseas adoption
23 March 1976, p. 4 Overseas adoption
9 December 1976, p.1Overseas adoption
5 December 1979 Article re adoption
12 December 1979 Letter re adoption
12 January 1979 Reply to letter
4 April 1981 Foster children
9 April 1981 Foster children
18 April 1983 Reunion
23 August 1983, p.3 Government to establish a contact register
8 December 1986, p. 1 Report on Select Committee findings
27 February 1987 ARCS view
18 May 1988 Jackie Watkins and daughter reunited
1 January 1993 Article re. adoption
29 January 1993 Unusual reunion story
30 March 1993 Adoption bill
Aug – Sep 1993 Letters re changes to legislation
October 1993 Article re. adoption
Daily News:
1 January 1962, p.5
16 November 1972, p.22		 Problems of adoption
19 June 1973, p. 3 Baby shortage
8 March 1983, p. 30 Cross-cultural adoption
November 1983
6 November 1985		 Article
                                   
Sunday Times:
30 October 1977Personal story
10 January 1982Jigsaw
8 May 1983
12 May 1985		 Plea to mother
7 February 1999, pp. 8-9 Macdonald, Kim, ‘Agony, joy, for childless women, 1999. Reviews of Adoption and Reproductive Technology'.
                    
Sunday Independent:
3 June 1979 Search
1 March 1980Outcome
3 June 1979 Search
2 December 198, Outcome
Subiaco Post:
8 March 1988 Opening of Jigsaw premises
19 December 1991 Obituary – Robin Winkler
Western Mail:
March 1984
10 August 1985
New Idea:
August 1983 Article on Jackie Watkins, MLA
Wanneroo Times:
14 Feb 1984, p. 21 Jackie Watkins
Woman's day:
27 April 1982 Article on Robin Winkler and Margaret Van Keppel

Debate carried on in newspapers from August 1983 until February 1984 regarding changes to the Adoption Act. Quoted in Elphick, Adoption Jigsaw.

Daily News:
24 August 1983 Government announcement re changes
28 July, 1983 Government announcement

Adoptive parents

Daily News
31 August 1983 Letters
West Australian
August 1983, Letters
15 August 1983, Letters
7 September 1983, Letters
15 September 1983, Letters
Wanneroo Times
6 September 1983, Letters
19 December 1983, Letters

Relinquishing mothers

Wanneroo Times and West Australian

Professionals

West Australian
9 August 1983
27 August 1983
August 1983

Adoptees

West Australian
4 August 1983
5 September 1983
Wanneroo Times
6 September 1983
13 December 1983
10 January 1984

Adoptive mothers

West Australian
6 September 1983, Article

Secondary sources

First person writing

Abbott, Debby, Is a child within my reach? One woman's search to become a mother,
D Abbott, Warnbro, WA, 2002
616.692 ABB
Henry, Sam, The road to parenthood: adoption and beyond, Hesperian Press, 2003
362.734
3rd Floor, Stack, Ask Staff.
Johnson, Glennis Irene, Mallee girl: a memoir, G.I Dees, Heathridge, WA, 1999.
Autobiography. Searched for birth mother, had to have law changed to obtain       her birth certificate. One of the founders of the Adoption Jigsaw.

Books,  papers and theses

Elphick, Ron, The Adoption Jigsaw, R. Elphick, Perth, WA, 2000
A history of Jigsaw in WA from 1978-1998.
Q362.734 ELP
Kerr, Rosemary, “The appeal of blue eyes: Adoption, Citizenship and Eugenics in Western Australia during the interwar years”, Edeson, Gemma, and Cupitt, Cathy, (eds.), On the Edge 2000, Refereed Proceedings of the Fourth Annual Curtin Humanities Postgraduate Research conference 2000, Black Swan Press, 2001, pp. 3-12.
001.3 CUR, Stack, Ask Staff.
Lang, Jean, The Open Door: a history of loving care for families, House of Mercy – Alexandra Home – Ngala, 1890-1980, Ngala Mothercraft Home and Training   Centre Inc, Perth, 1980.
362.828 LAN
Maloney, B., The Life and Work of Sister Kate, Graylands Teachers College Thesis, 1964
362.732 MAL
Early twentieth century. Orphaned children, unwanted babies looked after at Sister Kate cottages in Parkerville and Queens Park. Later taken over by the Child Welfare Department.

Adoption Service Providers

In Western Australia only the Department for Community Development is licensed and accredited to arrange legal adoptions (since 1985). One organisation, Adoptions International, has applied to the Minister three times for accreditation and has been refused. No other organisation has applied.

Support Services

Holdings at University of Western Australia

Collection donated to Dr Pam Sharpe by Trudy Rosenwald (Adoptions International)

16 boxes (magazine holder style) and files
Almost entirely newsletters of adoption organisations around Australia

Box 1
ASIAC (Australian Society for Intercountry Aid (Children)), Victoria Annual Report 1977
AACASA (Australian African Children's Aid and Support Association Inc) Queensland, December 2005
Adoption Australia, Canberra, Newsletters Winter 1991-1996 and April 1982
Box 2
SNAP (Adoptive Parents Association of Canberra) Newsletters
April/May 1980 – Aug/Sp 1985
News, Personal stories, Soapbox, Information
Box 3
Adoption Australia, Newsletters
1985 – 1991
Box 4
Adoption Australia, Newsletters
1996 – 2005
Box 5
Adoptive Families Association of Queensland, Toowoomba, Newsletters
Undated. Late 1980s? – 1990 and 1991
Adoptions Newsletter Queensland
Around Adoption, Magazine of the Adoptive Parents Association of NSW
Undated, but 1988 – late 1990s.
Box 6
ASIAC Newsletters
Box 7
Victorian Newsletters
Box 8
NSW Newsletters
Box 9
IAPA (International Adoptive Parents Association) Newsletters
Box 10
Australians Caring for Children, Newsletters, 1988 - 1995
Box 11
Australians Caring for Children, Newsletters, 1995 –
Box 12
Australian African Children's Aid and Support, Newsletters
Box 13
Inter Adoptive Families of Queensland, Newsletters
2002 – 2005
Box 14
Australians Aiding Children, Newsletters
Nov 1986 – 1995
File
FACTS, Victoria,  Newsletters
1990 - 1998

History of Adoption

About the Project

For Project Contributors

Bibliography

Australian Adoption Records

Government and Community Contacts

Notices