Victorian Consolidated Legislation

Adoption Act 1984 - SECT 19

Discharge of adoption orders

19. Discharge of adoption orders



(1) An eligible person may apply to the Court for an order discharging an
order for the adoption of a child made under this Act or any corresponding
previous enactment on the grounds-

   (a)  that the adoption order or a consent for the purposes of the adoption
        order was obtained by fraud, duress or other improper means; or

   (b)  that special circumstances exist why the adoption order should be
        discharged.

(2) In subsection (1)-

   (a)  eligible person means the adopted child to whom the adoption order
        relates, a natural parent of the adopted child, an adoptive parent of
        the adopted child, the Secretary or the principal officer of the
        approved agency by which the adoption was arranged; and

   (b)  a reference to special circumstances includes a reference to an
        irretrievable breakdown of the relationship between the adoptive
        parents and the adopted person.

(3) Where an application is made under subsection (1), the Court shall, if
satisfied that there may be grounds on which an order may be made, direct that
an investigation be made into the circumstances under which the application is
made.

(4) An investigation under subsection (3) shall be made by the Secretary and,
where the Court so directs, by a person nominated by the Secretary to the
Department of Justice.

(5) The Court shall, after consideration of a report of an investigation
carried out under subsection (3), if it is satisfied that the adoption order
should be discharged, make an order for the discharge of the adoption order.

(5A) The Court shall not make an order for the discharge of an adoption order
unless the Court is satisfied that the welfare and interests of the child
would be promoted by the discharge of the adoption order.

(6) Where the Court makes an order discharging an adoption order, then, unless
the Court otherwise orders, any consent given under this Act for the purposes
of the adoption of the child ceases to have effect.

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

   (a)  the name of the child;

   (b)  the ownership of property;

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

   (d)  the domicile of the child.

(8) Upon the making of an order under this section discharging an order for
the adoption of a child, but subject to any order made under subsection (7)
and to section 53(2), the rights, privileges, duties, liabilities and
relationships of the child and of all other persons 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 proprietary right or interest that became vested in any person-

whilst the adoption order was in force.

(9) The Court may allow any of the following persons to appear and to address
the Court (either personally or by a legal practitioner) at the hearing of an
application for the discharge of an order for the adoption of a child-

   (a)  the child;

   (b)  a natural parent of the child;

   (c)  an adoptive parent of the child;

   (d)  the Secretary;

   (e)  if the adoption was arranged by an adoption agency, the principal
        officer of that agency;

   (f)  any other person whom the Court determines has a sufficient interest
        in the matter.

Division 2-Arrangement of adoptions