The Adoption of Children Act (Chapter 275) is described in its own words as an Act relating to the adoption of children. It provides two quite different routes.
Part III creates statutory adoption — an application to the National Court, consents, reports, and an adoption order that permanently changes the child’s legal parentage.
Part VI deals with adoption by custom — which happens without any court, and which the Act recognises rather than creates.
Most adoptions in Papua New Guinea are customary. The statutory scheme matters where formal legal recognition is needed — for inheritance, passports, or where the adopters are not from the child’s community.
The seven Parts
| Part | Subject |
|---|---|
| I | Preliminary — definitions |
| II | Jurisdiction of the National Court (ss 2–4) |
| III | Adoptions under the Act — who may be adopted, who may adopt, consents, effect of orders, interim orders (ss 5–35) |
| IV | Recognition of adoptions made elsewhere (ss 36–39) |
| V | Offences (ss 40–51) |
| VI | Adoption, fosterage etc. by custom (ss 52–58) |
| VII | Miscellaneous — registration, confidentiality, delegation (ss 59–68) |
Section 5 — welfare and interests paramount
For all purposes of this Part, the welfare and interest of the child concerned shall be regarded as the paramount consideration.
Section 5 states for Part III what section 5(1)(a) of the Lukautim Pikinini Act 2015 states for that Act, and what section 74(1)(a) of the Matrimonial Causes Act states for custody in a divorce.
It governs every discretion in Part III — whether to make an order at all under section 9, whether to dispense with a consent under section 21, whether to proceed despite a child’s refusal to consent under section 22, and whether to discharge an order under section 13.
Section 1 — the definitions that matter
“Child” means a person who has not attained the age of 21 years, or a person who has attained that age and in respect of whom an adoption order is sought or has been made.
“The Court” means the National Court.
“The Director” means the Director of Child Welfare.
“Father”, in relation to a child who is illegitimate, means the putative father.
“Guardian” includes (a) a person having custody under a court order; (b) a person who is or is deemed to be the guardian under a law of Australia or a State or Territory of Australia; and (c) a guardian by custom.
“Relative” means a grandparent, brother, sister, uncle or aunt — whole blood, half-blood or by affinity, and notwithstanding that the relationship is traced through, or to, an illegitimate person or depends on the adoption of any person.
“General consent” means a consent other than one under section 16(2).
“Child” means under 21, not under 18. This Act predates the Lukautim Pikinini Act 2015, whose section 2 sets the age at 18. Under this Act a person of 19 or 20 may still be adopted.
“Guardian” includes a guardian by custom. That single phrase carries customary caregiving into the statutory consent scheme: a customary guardian is an appropriate person whose consent is required under section 15.
The definition of “relative” matters for section 8 (age limits relaxed), section 9(4) (no medical report needed) and section 16(2) (consent may be specific rather than general).
Commencement and related legislation
The commencement date is 23 May 1969, the date of commencement of the pre-Independence Adoption of Children Act 1968. “The former provisions” are the adoption provisions of the Child Welfare Act in force before that date.
The Child Welfare Act (Chapter 276) has since been repealed by section 121 of the Lukautim Pikinini Act 2015, whose section 122 provides that references to it are read as references to that Act. The Act’s references to the Director of Child Welfare should be read with the Office for Child and Family Services in mind.
The Family Court has jurisdiction over matters relating to an adopted child under section 88(f) of the 2015 Act — but not the power to make an adoption order, which remains with the National Court.
Sources
- Adoption of Children Act (Chapter 275) — ss 1–5, and Parts II to VII
- Lukautim Pikinini Act 2015 — ss 2, 88, 113, 114, 121, 122
- Matrimonial Causes Act (Chapter 282) — s 74
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.