ADOPTION ACT 1988
ADOPTION ACT 1988
- Act 41 of 1988
- Royal Assent 10 November 1988
TABLE OF PROVISIONS
Long Title
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
adoptions
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. ]