Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADOPTION OF CHILDREN ACT 1964 - SECT 28

28 General effect of adoption orders

(1) For the purposes of the laws of Queensland but subject to this Act and to the provisions of any other Act that expressly distinguishes in any way between adopted children and children other than adopted children, upon the making of an adoption order--

(a) the adopted child becomes a child of the adopter or adopters, and the adopter or adopters become the parent or parents of the child, as if the child had been born to the adopter or adopters in lawful wedlock; and
(b) the adopted child ceases to be a child of any person who was a parent (whether natural or adoptive) of the child before the making of the adoption order, and any such person ceases to be a parent of the child; and
(c) the relationship to one another of all persons (including the adopted child and an adoptive parent or former parent of the adopted child) shall be determined on the basis of the foregoing provisions of this subsection so far as they are relevant; and
(d) any guardianship of the adopted child ceases to have effect; and
(e) any previous adoption of the child (whether effected under the law of Queensland or otherwise) ceases to have effect.

(1A) Notwithstanding subsection (1), where a child is adopted by a person who is the spouse of a parent (whether natural or adoptive) of the child whether adopted by that person or jointly by that person and that parent--

(a) the child does not cease to be a child of that parent and that parent does not cease to be a parent of the child; and
(b) the relationship between the child and that parent is not determined; and
(c) if that parent was the guardian of the child--the adoption order does not have the effect of terminating such guardianship; and
(d) if the child was the adopted child of that parent--the adoption order does not have the effect of terminating such adoption.

(2) Notwithstanding subsection (1), for the purposes of any law relating to a sexual offence, being a law for the purposes of which the relationship between persons is relevant, an adoption order, or the discharge of an adoption order, does not cause the cessation of any relationship that would have existed if the adoption order, or the discharging order, as the case may be, had not been made, and any such relationship shall be deemed to exist in addition to any relationship that exists by virtue of the application of that subsection in relation to that adoption order or by virtue of the discharge of that adoption order.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]