VPRS 19457 Court of Petty Sessions, Adoption Case Files, Nathalia

Full description

This series comprises records of adoption cases heard at the Court of Petty Sessions in Nathalia.

Researchers should note that in some instances, adoption cases were lodged at one court and then later heard at another, usually at a larger regional court. Often, these cases were re-registered, but this practice does not appear to be consistent.

Adoption in Victoria 1929 – 1958

The adoption of children was first regulated by legislation with the commencement of the Adoption of Children Act 1928 (Vic). This Act established adoption as a legal transfer of custody and parental responsibility and gave responsibility for making adoption orders to the courts. Prior to this time, adoptions were informal arrangements often made by private infants’ homes.

Under the Act, an adoption application could be heard by the Supreme Court (VA 2549), County Court (VA 686), or Court of Petty Sessions. The choice of court depended upon the circumstances of the case and the wishes of the parties.

Adoption cases could be heard at the Court of Petty Sessions closest to where either the applicant(s) or the child resided. The Court could grant an adoption order if several parties gave their written consent to the adoption, namely

• 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; or
• where the applicant was married, the applicant’s spouse.

If the consent of any of these persons could not be obtained in writing, a higher court had to be used.
Should the applicant(s) (i.e., the prospective adoptive parent(s)) choose, the County Court could grant an adoption order in any circumstance.

The Supreme Court could grant an adoption order in any circumstance.

Adoption in Victoria 1958 - present

The passing of the Adoption of Children Act 1958 (Vic) 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. Cases involving interstate and international adoptions are generally handled by the Supreme Court.

With the changes brought about by the Adoption of Children Act 1984 (Vic), the Registry of Births, Deaths and Marriages (BDM) (VA 983) obtained the original court records, wherever possible, from the Courts to enable them to obtain sufficient information to prepare "birth certificates" containing more information for adopted persons. All records in custody of the courts as of 1 January 1989 therefore came under the management and control of BDM. BDM also provides adoption information to Adoption Information Services from these records.

Any records created after that date are still the responsibility of the respective Court as BDM are only able to request a memorandum of the adoption order, rather than the complete file. 

Contents

Adoption case files generally include:

• Adoption orders, adoption certificates
• Affidavits
• Birth certificate of child
• Summonses
• Guardian's consent for child to be adopted
• Identification documents
• Declarations
• Memoranda and correspondence
• Medical reports of the adopted child

Where no date of adoption order is given, this is generally indicative of the adoption order not being issued.

Adopted Children Register

Under section 17 (1) of the Adoption of Children Act 1928 and the subsequent adoption acts, the Government Statist was required to establish and maintain an Adopted Children Register (VPRS 11683) in which entries were made as directed by adoption orders (VPRS 11682). All courts were required to inform the Office of the Government Statist and Actuary (VA 989) of adoption orders granted from 1929 to 1983, then BDM from 1983 onwards. Researchers should note that the Adopted Children Registration Number given in the central register does not correspond to the case file number assigned by the court.