ADOPTION ACT 1988

Table of Provisions

PART I - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 3A Meaning of "convention country"
• 4 Approved counsellors
• 5 Section 5
• 6 Requirements for making adoption orders
• 7 Rules of private international law not to apply
• 8 Welfare and interests of child to be paramount

PART II - Adoptions under this Act Division 1 - Arrangement of

• 9 Adoptions may be arranged by Secretary or by approved agency
• 10 Application for approval of adoption agency
• 11 Minister may grant or refuse to grant application
• 12 Principal officer of approved agency
• 13 Revocation or suspension of approval
• 14 Effect of cessation or suspension, &c., of approval
• 15 Expiration of suspension of approval or authority
• 16 Duty to keep records of adoptions
• 17 Duties of Secretary and principal officers

Division 2 - General

• 18 Adoption order to be made on application by Secretary or principal
officer
• 19 Who may be adopted
• 20 Persons in whose favour adoption orders may be made
• 21 Orders in favour of relatives
• 22 Age of adoptive parents
• 23 Wishes of child
• 24 Court to be satisfied as to certain matters
• 25 Notice of application for adoption orders
• 26 Parties to proceedings for adoption order
• 27 Custody, &c., after refusal of application for adoption order
• 28 Discharge of adoption orders

Division 3 - Consents to adoptions

• 29 Consents required to adoption
• 30 Manner of giving consent
• 31 Requirements to be complied with
• 32 Consent by guardian under section 29 (6)
• 33 Consents to be construed as general consents
• 34 Consents given under law of another State or a Territory
• 35 Revocation of consents
• 36 Defective consents
• 37 Court may dispense with consents
• 38 Person who gives consent to be given notice of certain events
• 38A Validation of consents

Division 4 - Care of child pending adoption

• 39 Care of child pending adoption
• 40 Guardianship of child awaiting adoption
• 41 Renunciation of guardianship for adoption of child in another State
• 42 Guardianship of non-citizen child
• 43 Miscellaneous provisions as to care, control, placement, &c., of
child
• 44 Duty of principal officer to report to Secretary
• 45 Natural parent's right of access after consent

Division 5 - Adoption of non-citizen children

• 46 Orders for adoption of non-citizen children
• 47 Supervision of certain children adopted overseas
• 48 Supervision of certain non-citizen children

PART III - Adoption Orders Division 1 - Certificates of adoption

• 49 Certificates of adoption

Division 2 - Effect of adoption orders

• 50 General effect of adoption orders
• 51 Effect of orders in relation to dispositions of property
• 52 Bequest by will to unascertained adopted person
• 53 Adoption order not to affect distribution of property by trustees or
personal representatives unless notice given
• 54 Names of adopted person
• 55 Effect of adoption order on domicile

Division 3 - Interim orders

• 56 Making of interim orders
• 57 Duration of interim orders
• 58 Discharge of interim orders

PART IV - Recognition of Adoptions

• 59 Recognition of Australian and certain foreign adoptions
• 60 Recognition of foreign adoptions
• 61 Declarations of validity of foreign adoptions

PART V - Registration of Orders

• 62 Memorandum of adoption order, &c., to be sent to the Registrar
• 63 Record of adoptions and endorsements, &c., to be made in birth
registers in relation to adopted person
• 64 Record of adoptions of persons born outside Australia
• 65 Discharge of adoption orders
• 66 Sending of memoranda of orders to other States, &c.
• 67 Entries in registers of births not to be disclosed
• 68 Former register of adoptions and memoranda of adoption orders not
open for search
• 69 Copies of entries in the special record
• 70 Section 70

PART VI - Access to Information Division 1 - General

• 71 Restriction on access to records and reports
• 72 Duties of relevant authorities to provide information
• 73 Secretary may obtain information from the court
• 74 Counselling services
• 75 Protection of privacy
• 76 Disclosure of medical information

Division 2 - Persons entitled to birth certificates or information

• 77 Application of this Division where adopted person under guardianship
• 78 Provision of information by relevant authorities
• 79 Access to birth certificates of adopted persons born outside Tasmania
• 80 Grant of certificate as to counselling, &c.
• 81 Adopted person's right to information under age 18
• 82 Adopted person's right to information at age 18
• 83 Information about adopted person under age 18
• 84 Information about adult adopted person
• 85 Section 85
• 86 Adoptive parent's right to information
• 86A Decision of relevant authority
• 86B Review of decision of relevant authority
• 86C Review by Ombudsman
• 87 Power of judge to order release of information to adopted persons,
natural parents, &c.
• 88 Power of judge to order release of information to other interested
persons

Division 3 - Adoption Information Service

• 89 Adoption Information Service
• 90 Adoption Information Registers

PART VII - Miscellaneous Division 1 - Supplemental provisions

• 91 Delegation of powers of Secretary
• 92 Financial assistance
• 93 Hearings to be in camera
• 94 Secretary, principal officer, &c., may appear at hearings
• 95 Judicial notice of signatures, &c.
• 96 Certified copies, &c., of adoption order to be evidence
• 96A Reviews of decisions
• 97 Fees for assessment of applicants for adoption of non-citizen child,
&c.
• 98 Waiver of fees
• 99 Identities of certain persons not to be revealed
• 100 Contents of reports not to be disclosed
• 101 Restriction on inspection of records

Division 2 - Offences

• 102 Territorial application of Part
• 103 Destruction, removal, &c., of adoption records
• 104 Taking away, &c., adopted child by natural parent
• 105 Harbouring child taken from adoptive parents
• 106 Undue influence, &c.
• 107 Payments in consideration of adoptions, &c.
• 108 Restrictions on advertising
• 109 Restriction on publication of identity of parties
• 110 Unauthorized arrangements for adoption
• 111 Agency, &c., to comply with request for information
• 112 False statements
• 113 Personation
• 114 Presenting forged consent, &c.
• 115 Improperly witnessing consent to adoption
• 115A Compliance with undertaking
• 116 Penalties
• 117 Prosecutions for offences against this Act

Division 3 - Regulations

• 118 Regulations

Division 4 - Savings and repeals

• 119 Savings and transitional provisions
• 120 Repeal of Adoption of Children Act 1968
• 121 Consequential amendments to Registration of Births and Deaths Act
1895 SCHEDULE 1

[ Note: This table has been automatically generated and may be incomplete. ]