Part II of the Adoption of Children Act (Chapter 275) answers the first practical question.
Jurisdiction is conferred on the National Court in proceedings instituted in the Court in accordance with this Act, and in particular the Court may make an adoption order in accordance with this Act in respect of a child.
“The Court” means the National Court.
The National Court alone
Because section 1 defines “the Court” as the National Court, every power in Part III belongs to it: section 6, section 7, section 9, section 21, sections 33 to 35, and section 13.
The National Court is established by Constitution section 163 as a court of unlimited jurisdiction, subject to the Constitution and any Act of Parliament.
An adoption order requires a proceeding in the National Court — which sits in the provincial centres, not in every district. For a family in a rural area, a statutory adoption means travel, filing fees and, realistically, a lawyer.
That is a large part of the reason why adoption by custom under Part VI remains the ordinary route in Papua New Guinea. Part VI operates without any National Court proceeding, and section 57 provides its own, simpler procedure.
What other courts may do
| Court | Power | Source |
|---|---|---|
| National Court | Make, discharge and vary adoption orders; interim orders; dispense with consents; declare validity of foreign adoptions | s 2; ss 13, 21, 33–35, 39 |
| Family Court | Matters relating to an adopted child — a complaint where the child has been left without means of support, and orders as to the child’s welfare | LPA 2015 ss 88(f), 113, 114 |
| Local Court | Certificates as to adoption by custom and their variation | ss 54–58 |
Section 88(f) of the Lukautim Pikinini Act 2015 gives the Family Court jurisdiction over matters relating to an “adopted child” — that is, a child who has already been adopted.
Sections 113 and 114 of that Act make the content clear: a complaint may be made where an adopted child has been left without means of support, and the Court shall, after hearing an application relating to the welfare of an adopted child, make appropriate orders.
So the Family Court supervises the ongoing welfare and maintenance of an adopted child. Creating the adoption remains with the National Court under section 2 of this Act.
What the National Court still needs
Section 3 — at the time of filing, the applicant (or each joint applicant) must have been resident or domiciled in the country, and the child must have been present in the country.
Section 4 — the jurisdiction to make an adoption order is not dependent on any fact or circumstance not expressly specified in this Act. The rules of private international law do not add further requirements.
Section 9 — the Court shall not make an order unless the Director has made a written report and the Court is satisfied about the applicants and the child’s welfare.
Ordinarily a court asks whether it has a sufficient connection with the parties before exercising jurisdiction over status. Section 4 removes that inquiry: the Act says what is required, and nothing else is.
Contrast the Matrimonial Causes Act (Chapter 282), where section 14 founds divorce jurisdiction on domicile, and section 79(5) expressly preserves the common law rules of private international law for recognising foreign decrees.
Proceedings are heard in camera under section 62, the Director may appear at any hearing under section 66, and section 14 requires the judge, at the end of the hearing, to seal in an envelope every document containing information about the identities of the child and the parents, and deliver it to the Director.
Sources
- Adoption of Children Act (Chapter 275) — ss 1–4, 9, 13, 14, 21, 33–35, 39, 52–58, 62, 66
- Lukautim Pikinini Act 2015 — ss 88, 113, 114
- Constitution — s 163
- Matrimonial Causes Act (Chapter 282) — ss 14, 79
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.