• Specific Year
    Any

ADOPTION ACT 1994 - SECT 75

ADOPTION ACT 1994 - SECT 75

75 .         Effect of adoption order

        (1)         Where an adoption order is made, for the purposes of the law of this State —

            (a)         the relationship between the adoptee and the adoptive parent is to be treated as being that of child and parent; and

            (b)         the relationship between the adoptee and —

                  (i)         the adoptee’s birth parents; or

                  (ii)         if the adoptee was previously adopted, the previous adoptive parent,

                is to be treated as not being that of child and parent; and

            (c)         if the adoptee had been previously adopted, whether under the law of this State or otherwise, the previous adoption ceases to have effect; and

            (d)         the relationships of all persons to the adoptee, the adoptive parent and the birth parent or previous adoptive parent are to be determined in accordance with this section.

        (2)         Subsection (1)(b)(i) does not apply to the adoptee’s birth parent who is married to, or in a de facto relationship with, the adoptive parent who adopts the adoptee in the capacity of step-parent.

        (3)         Subsection (1)(b)(ii) and (c) do not apply to a previous adoptive parent who is married to, or in a de facto relationship with, the adoptive parent who adopts the adoptee in the capacity of step-parent.

        (4)         If an adoption order is made in relation to an adoptee, an appointment, in a deed or will existing at the time the adoption order is made, of a person as the guardian of the adoptee, ceases to have effect.

        (5)         Despite subsections (1) to (4), for the purposes of the law of this State relating to sexual offences, being 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 is to be treated as existing in addition to any relationship that exists by virtue of the application of this section in relation to the adoption order or by virtue of the discharge of an adoption order.

        [(6)         deleted]

        (7)         In this section a reference to child includes a reference to a person who is 18 or more years of age.

        [Section 75 amended: No. 41 of 1997 s. 19; No. 3 of 2002 s. 18.]