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.]