Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) On application by a prescribed person, the court may make an order (a discharging order ) discharging an adoption order if the court is of the opinion that—
(a) the adoption order, or any consent to the adoption, was obtained by fraud, duress or other improper means; or
(b) there are other circumstances that justify the discharging order.
(2) For subsection (1) (b), a breakdown in the relationship between the child and the adoptive parents must not be taken to constitute a circumstance justifying a discharging order.
(3) A discharging order must not be made if it appears to the court that the making of the order would be prejudicial to the welfare and interests of the child.
(4) On an application under subsection (1), the court may require the chief executive to investigate the matter and to provide a written report to the court.
(5) A discharging order must not be made unless the applicant has, not later than 28 days before the return date for the application, served written notice of the application and its return date on each person whose consent to the adoption was required.
Note See approved form 3.36 (Notice of application for discharge of adoption order), approved under the Court Procedures Act 2004 , s 8.
(6) On application, the Supreme Court may dispense with the requirement to serve notice under subsection (5).
(7) If the court makes a discharging order, the court may, at the same time or subsequently, make any consequential or ancillary orders it thinks fit to promote the welfare and interests of the child, or otherwise in the interests of justice, including orders relating to—
(a) the name of the child; or
(b) the ownership of property; or
(c) guardianship or custody of the child; or
(d) the domicile of the child.
(8) On the making of a discharging order, then, but subject to any order made under subsection (7) and to section 43 (3), the rights, privileges, obligations, liabilities and relationships under the law of the Territory of the child and of all other people must be the same as if the adoption order had not been made, but without prejudice to—
(a) anything lawfully done; or
(b) the consequences of anything unlawfully done; or
(c) any right or interest that became vested in any person;
while the adoption order was in force.
(9) If an adoption order that has been discharged was made under a general consent, then, unless the court otherwise orders, that consent remains effective for the purpose of a further application for an adoption order about the same child.
(10) In this section:
"prescribed person", in relation to an application for a discharging order for a child, means the Minister, the chief executive, the public advocate, the child, an adoptive parent or a person whose consent to the adoption was required.