Northern Territory Consolidated Acts

ADOPTION OF CHILDREN ACT - SECT 44

(1) Subject to subsection (2), the Minister may apply to the Court for an order discharging an order for the adoption of a child, and the Court may make such an order if it is satisfied that -

(a) the adoption order was obtained by fraud, duress or other improper means; or

(b) a person's consent to the adoption required under Division 4 was obtained by fraud, duress or other improper means.

(2) The Court shall not make an order discharging an order for adoption under this section if it is satisfied that -

(a) the child has attained the age of 18 years; or

(b) the making of the order would be prejudicial to the welfare and interests of the child.

(3) Where -

(a) the Court makes an order discharging an order for adoption under this section; and

(b) that order for adoption was not made in reliance upon the consent of a person or persons that was obtained by fraud, duress or other improper means,

then, unless the Court otherwise orders, the consent of that person remains, or those persons remain, in force for the purposes of a further application for the adoption of the child.

(4) Where the Court makes an order discharging an order for adoption under this section, it may, at the same time or subsequently, make such consequential or ancillary orders as it thinks necessary for the welfare and interests of the child, including orders relating to -

(a) the name of the child;

(b) the ownership of property;

(c) the care, custody or guardianship of the child; or

(d) the domicile of the child.

(5) On the making of an order discharging an order for the adoption of a child under this section, but subject to Division 7 and any order made under subsection (4), the rights, privileges, duties, liabilities and relationships under the law of the Territory of the child and of all other persons affected by the order for adoption of the child shall be the same as if the adoption order had not been made, but without prejudice to -

(a) anything lawfully done;

(b) the consequences of anything unlawfully done; or

(c) any right or interest that became vested in any person,

whilst the adoption order was in force.