Ex -Nuptial
In the past in society children born out of wedlock(ex-nuptial) were looked down upon and discriminated against. They were known as Filius Nullius or nobody's ch​ild. They did not have the same legal rights as those children who were born to a married couple. This has changed with legislative changes.
- Children (Equality of Status) Act 1976 (NSW) reduced discrimination against ex-nuptial children & gave father guardianship of the child & greater custody & access rights.
-Status of Children Act 1996 (NSW)gave ex-nuptial children the same rights as nuptial children. The right to find their father through blood tests and if they can prove maternity/paternity then they have the legal right to care and maintenance. Can claim against their parents estate
Adoption
Read the article in the link below to get a current perspective on adoption in Australia and then answer the questions below. This Act has now been amended to include same-sex adoption. See article in the family media page.
Look at section 24 to see who can be adopted.
Look at sections 26-30 to see who is elegible to adopt.
Guardianship Guardianship refers to the position of responsibility for the long term care and support of a child. A legal guardian is any adult who has been legally granted responsibility for the care and welfare of a child. Under law, the guardian takes on the role of the parent. The guardian does not necessarily need to be related to the child by blood or through marriage. Guardianship is an issue for children at risk. That is, for children whose parents have a questionable capacity to care for them. Children at risk may be removed from the parents by the state. While a determination is made about where and with whom they will live, they will be looked after by a guardian.
This is all governed by the Guardianship Act 1987 (NSW)
In the past in society children born out of wedlock(ex-nuptial) were looked down upon and discriminated against. They were known as Filius Nullius or nobody's ch​ild. They did not have the same legal rights as those children who were born to a married couple. This has changed with legislative changes.
- Children (Equality of Status) Act 1976 (NSW) reduced discrimination against ex-nuptial children & gave father guardianship of the child & greater custody & access rights.
-Status of Children Act 1996 (NSW)gave ex-nuptial children the same rights as nuptial children. The right to find their father through blood tests and if they can prove maternity/paternity then they have the legal right to care and maintenance. Can claim against their parents estate
Adoption
Read the article in the link below to get a current perspective on adoption in Australia and then answer the questions below.
This Act has now been amended to include same-sex adoption. See article in the family media page.
How can we account for the drop in adoptions in Australia?
Is there equality of access for all people wanting to adopt?
Click here to look at the Adoption Act 2000.
http://www.austlii.edu.au/au/legis/nsw/consol_act/aa2000107/
Look at section 24 to see who can be adopted.
Look at sections 26-30 to see who is elegible to adopt.
Guardianship
Guardianship refers to the position of responsibility for the long term care and support of a child. A legal guardian is any adult who has been legally granted responsibility for the care and welfare of a child. Under law, the guardian takes on the role of the parent. The guardian does not necessarily need to be related to the child by blood or through marriage. Guardianship is an issue for children at risk. That is, for children whose parents have a questionable capacity to care for them. Children at risk may be removed from the parents by the state. While a determination is made about where and with whom they will live, they will be looked after by a guardian.
This is all governed by the Guardianship Act 1987 (NSW)