The Act casts a wide net across multiple stakeholder groups, each with distinct rights and obligations.

Children and adopted persons: Any person under 18 (or older if an order is sought) may be adopted (s 3(1) definition of "child"; s 19). Non-citizen children under Commonwealth guardianship are expressly covered (s 3(1), ss 42, 46-48). Adopted persons gain rights to information at 18 (s 82) or earlier with parental consent (s 81), may apply to discharge orders in special circumstances (s 28), and can request re-issued birth certificates (s 67(4)). Their welfare is paramount (s 8).

Prospective and adoptive parents: Must be resident or domiciled in Tasmania (s 6(1)(a)), satisfy prescribed suitability requirements (s 24(1)(a)), and usually be in a marriage or registered significant relationship for at least three years (s 20(1)-(2)). Single persons may adopt only in exceptional circumstances (s 20(4)-(5)). Step-parents and relatives face additional hurdles (ss 20(6)-(8), 21). They receive adoption certificates (s 49) and are treated in law as the child's parents (s 50(1)(a)).

Natural parents and relatives: Their consent is ordinarily required (s 29), given only after counselling and written information (s 31). Fathers are defined expansively, including through presumptions, declarations or acknowledgments under the Status of Children Act 1974 (s 3(1) definition of "natural parent"). They may express wishes on religion, race and access (s 24(1)(b)-(c)), revoke consent within 30 days (s 35), and access information about the child post-consent (s 38). Natural relatives (grandparents, siblings, etc.) have information rights (ss 83-84) but are subject to contact vetoes.

Approved agencies and the Secretary: Only they may arrange adoptions (s 9). Agencies must be welfare organisations approved by the Minister (ss 10-11), maintain principal officers (s 12), keep records (s 16), and act as a service for the child (s 17). The Secretary assumes guardianship upon all consents being given (s 40), supervises non-citizen children (ss 47-48), maintains the Adoption Information Register (s 90(1)), and may vary suitability criteria in special cases (s 24(6)).

Courts and the Registrar: The Magistrates Court (Children's Division) hears applications (s 3(1) definition of "court"), may dispense with consent (s 37), make interim orders (s 56) or discharge orders (s 28). The Registrar re-registers births, maintains the special record, and controls access to original entries (ss 62-69).

Broader public and professionals: Counsellors must be approved (s 4); medical practitioners provide health reports (s 24(4)); legal practitioners must observe identity protections (s 99). Offences apply to anyone making improper payments (s 107), advertising (s 108) or revealing identities (s 109).

The Act therefore affects not only immediate participants but also medical, legal and administrative professionals, and indirectly the wider community through its information-exchange and offence provisions.

Duties:

• Paramountcy duty: All decision-makers must treat the child's welfare and interests as paramount (s 8). This overrides other considerations in placement (s 17), order-making (s 24(1)(d)) and dispensation applications (s 37(3)(b)).
• Agency and Secretary duties: Arrange adoptions only through authorised channels (s 9(2)), keep records (s 16), report on welfare after 9-12 months of guardianship (ss 43-44), provide reports to court (s 24(1)), give notice of events to consenting parents (s 38), and maintain registers (s 90).
• Counselling and information duties: Approved counsellors must provide prescribed information 24 hours before consent (s 31(1)(b)); relevant authorities must ensure counselling before releasing information (s 74) and may refer medical data to a nominated practitioner (s 76).
• Consent and procedural duties: Consents must be witnessed by prescribed persons (s 30), be general unless for a relative (s 33), and comply with revocation rules (s 35). Notice of applications must be given to non-consenting guardians (s 25).
• Privacy and non-contact duties: Persons receiving identifying information must respect contact vetoes (s 82(2), s 115A) and not disclose third-party personal affairs (s 75).

Rights:

• Child's rights: To have wishes considered (s 23), to have welfare prioritised (s 8), and (if 18+) to obtain birth certificates and identifying information (ss 67(4), 82).
• Adoptive parents' rights: To apply for orders (s 18), receive certificates (s 49), be treated as legal parents (s 50(1)(a)), and in some cases restrict natural-parent access to information (s 83(2)(b)).
• Natural parents' rights: To receive counselling and written information before consenting (s 31), revoke within 30 days (s 35), express wishes on placement (s 24(1)(b)), receive notice of key events (s 38), and access non-identifying information or, with agreement, identifying data (ss 83-84).
• Information rights: Graduated access under Part VI, including adopted persons' right to original birth entries (s 67(6)), natural relatives' conditional rights (ss 83-84), and judicial override in special circumstances (ss 87-88). Contact vetoes protect the right not to be contacted (s 90(3)(c)).
• Review rights: Aggrieved applicants for assessment or approval may seek Tasmanian Civil and Administrative Tribunal review (s 96A); decisions on information release are reviewable internally then by the Ombudsman (ss 86B-86C).

These duties and rights are interlocking; for example, the duty to give notice under s 25(1) supports the right to be heard before dispensation under s 37.

The Act creates a suite of criminal offences in Division 2 of Part VII, reflecting the sensitivity of adoption. Most offences carry a maximum fine of 25 penalty units or 6 months' imprisonment (s 116). Specific offences include:

• Destroying, removing or concealing adoption records (s 103).
• A natural parent taking or detaining an adopted child with intent to deprive adoptive parents (s 104).
• Harbouring such a child (s 105).
• Using force, threats or detriment to influence consent (s 106).
• Making, giving or receiving payments or inducements for adoption (s 107(1)), subject to exceptions for legal fees, authorised payments and s 92 assistance (s 107(2)).
• Publishing unauthorised advertisements indicating a child is available for adoption or that someone wishes to adopt (s 108).
• Publishing identities of parties without court authority (s 109).
• Conducting unauthorised negotiations or transferring custody with a view to adoption (s 110).
• Failing to comply with a request for information (s 111) – 10 penalty units.
• Making false statements (s 112), personation (s 113), presenting forged consents (s 114), or improperly witnessing consents (s 115).
• Breaching an undertaking not to contact (s 115A) – 25 penalty units.

Prosecutions require the written consent of the Director of Public Prosecutions and must commence within 12 months or 6 months of discovery (s 117). The court may also make ancillary orders on discharge of an adoption order (s 28(7)), including as to name, property, custody and domicile. Enforcement of information provisions is primarily administrative through relevant authorities (s 72) and the Ombudsman (s 86C), with Tribunal review for assessment decisions (s 96A). Civil consequences include invalidation of consents obtained by fraud or duress (s 36(1)(b)) and potential discharge of orders (s 28(2)(a)).

The Act is deliberately integrated with a web of Commonwealth, State and Territory legislation.

• Commonwealth: Recognises adoptions under the Immigration (Guardianship of Children) Act 1946 (Cth) (s 3(1) definitions of "guardian", "non-citizen child"; s 29(6), s 42). Intercountry adoptions reference the Family Law (Bilateral Agreements–Intercountry Adoption) Regulations 1998 (Cth) ("agreement country") and the Hague Convention (ss 3, 3A, 4, 59-60). Child support and Family Court orders affect "natural parent" status (s 3(1)(e), s 29(3)(e)).
• Tasmanian child protection: The Children, Young Persons and Their Families Act 1997 is referenced for guardianship, care and protection orders (ss 21(a), 27(2), 39(3)(g), 40(2)(b), 43(2)). Guardianship under the Adoption Act does not affect support liabilities (s 43(5)).
• Births and relationships: The Births, Deaths and Marriages Registration Act 1999 governs the register, special record, re-registration and certificates (ss 3(1), 31(1)(c), 62-69, 79). The Relationships Act 2003 expanded "spouse" and allowed significant relationships for adoptive parents (ss 3(1), 19(3), 20(1)-(2), 29(4A)).
• Status of children and evidence: The Status of Children Act 1974 determines paternity for consent purposes (s 3(1) "natural parent", s 29(3)). Evidentiary provisions interact with general court rules (ss 95-96).
• Ombudsman and privacy: The Ombudsman Act 1978 is preserved for record access (s 71(1)). Medical information handling aligns with health privacy principles (s 76).
• Domicile and succession: Domicile follows the Domicile Act 1980 (s 55); property dispositions are preserved with exceptions (ss 51, 52-53).

Section 7 excludes private international law rules, ensuring jurisdiction depends only on express statutory criteria (s 6). Recognition provisions (ss 59-61) create comity with other Australian jurisdictions, New Zealand, convention and agreement countries. The Act prevails over general guardianship laws but defers to specific child-protection orders (s 40(2)).

The consolidated text reflects successive amendments that have modernised the Act without altering its core welfare paramountcy.

The 1998-1999 amendments (evident in ss 3, 82, 83, 84, 90) introduced the contact veto and Adoption Information Register regime. These changes responded to growing recognition that adopted persons and natural families often seek reconnection. Section 90(3)(c) and the new ss 82(2)-(3), 83(4)-(6), 84(2)-(3) and 115A allow registered persons to record wishes not to be contacted, balancing information rights against privacy. The definition of "contact veto" (s 3(1)) and validation of earlier consents (s 38A) tidied transitional issues.

The 1999 amendments inserted ss 3A, 4(4) and updated recognition provisions (ss 59-61) to implement the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. "Convention country" and related terms were defined by reference to articles 44-46 of the Convention, ensuring Tasmania meets international standards for safeguards against trafficking and improper financial gain.

The 2003 amendments (ss 3(1), 19(3), 20) substituted and expanded the definition of "spouse" to include parties to registered significant relationships under the Relationships Act 2003. This removed discriminatory barriers for same-sex and de facto couples, aligning adoption law with contemporary family structures. Subsection 20(2A) (later omitted) and updates to s 29(4A) (added 2009, amended 2019) further extended consent rules to female same-sex partners in fertilisation procedures.

Later changes (2007, 2010, 2013, 2019) refined suitability assessments (s 24(6)), medical reporting (s 24(4), s 37(1)(b)), Tribunal review (s 96A, inserted 2007 and updated 2025), and same-sex parentage (s 29(2), (4A) via 2019 amendments). These responded to evolving clinical, human-rights and administrative needs while preserving the s 8 paramountcy test.

Each change is evident on the face of the text through amendment histories and inserted subsections. They demonstrate a legislative shift toward greater openness, international alignment and inclusivity without diluting child-centred decision-making.

Although the provided text does not cite specific case names, the structure of the Act anticipates recurring disputes that have arisen in practice.

Disputes over dispensation of consent under s 37 frequently reach the courts. The grounds – inability to find a parent after "reasonable inquiry" (s 37(1)(a), (2)), incapacity (s 37(1)(b)), abandonment, ill-treatment or failure to discharge parental obligations (s 37(1)(c)-(f)) – require courts to balance evidentiary thresholds against the s 8 paramountcy principle. Subsection 37(3) mandates a welfare report, ensuring decisions are evidence-based rather than speculative.

The validity of consents (s 36) has generated controversy, particularly around timing (s 36(2) prohibits reliance on consents signed within 7 days of birth unless fitness is proved) and claims of duress or improper influence (s 36(1)(b)). The 30-day revocation window (s 35(1)) and mandatory counselling (s 31) were designed to mitigate pressure, yet courts must still assess whether a mother was "in a fit condition" (s 36(2)-(3)).

Information-release litigation under Part VI raises natural justice issues. Sections 82(2), 83(5) and 84(2) require undertakings not to contact persons who have lodged vetoes. Breaches attract penalties (s 115A). Judicial override applications (ss 87-88) require reports from approved counsellors and consideration of "special circumstances" and "best interests", creating scope for contested hearings where identity is protected (s 87(4)).

Step-parent and relative adoptions (ss 20(6)-(8), 21) are controversial because they do not fully sever the existing parental relationship (s 20(8)(a)-(e)). Courts must be satisfied that custody or guardianship orders would be inadequate and that adoption would better serve welfare (s 20(7), s 21). The 2003 and 2013 amendments expanding "spouse" and removing certain restrictions intensified debates about whether adoption is always the least intrusive option.

Discharge applications (s 28) are rare but high-stakes, requiring proof of fraud, duress or "special circumstances" including irretrievable breakdown (s 28(1)-(2)). The court cannot discharge if prejudicial to the adopted person (s 28(5)) and must consider consequential orders (s 28(7)).

Intercountry adoption recognition (ss 59-61) has raised comity and natural justice questions (s 60(4)). The presumption of validity (s 60(5)) shifts the onus, but courts retain discretion to refuse recognition where substantial justice was denied.

These controversies reflect ongoing tension between finality of adoption, child welfare, and rights to identity and contact. The Act's procedural safeguards – mandatory reports, counselling certificates, judicial oversight – aim to resolve them consistently with s 8.

Most practitioners miss several subtle but high-risk features.

First, the "natural parent" definition in s 3(1) is extraordinarily broad for consent purposes (s 29(3)), capturing men with filed acknowledgments, presumptions under the Status of Children Act 1974, child-support liabilities or even "evidence that the man is the father" in information applications (s 3(1)(e)). Failure to identify and notify all such persons can invalidate subsequent orders.

Second, the interaction between guardianship (s 40) and the 12-month reporting obligation (s 43(1)) is often overlooked. If the Secretary remains guardian for 12 months, a mandatory welfare report must be filed and the court must make a care, control or protection order. Practitioners who assume ongoing departmental involvement without triggering this provision risk procedural invalidity.

Third, contact vetoes lodged under s 90(3)(c) survive death in limited ways and bind undertakings (ss 82(2), 83(5), 84(2), 115A). An adopted person who obtains identifying information but later discovers a veto can still face prosecution for contact. The veto is not the same as a wish expressed under s 90(3)(b); the former is enforceable by penalty, the latter is directory.

Fourth, s 20(3) and s 29(4A) create asymmetric consent rules for same-sex female parents conceived via fertilisation procedures. A female co-parent who consented to the procedure is an "appropriate person" whose consent is required, yet the provision was inserted in 2009 and refined in 2019. Pre-2010 adoptions may require careful historical analysis.

Fifth, the evidentiary presumption in s 60(5) for foreign adoptions and the limited grounds for non-recognition in s 60(4) mean that production of a certified foreign order usually suffices, but practitioners who fail to obtain a s 61 Supreme Court declaration in contested succession or inheritance matters risk later collateral attack.

Sixth, the prohibition on revealing identities in court documents (s 99) and the in-camera rule (s 93) extend to news items and broadcasting. "Reasonably likely to enable identification" is a low threshold; even oblique references to ages, suburbs or occupations have triggered prosecutions.

Finally, the power in s 24(6) for the Secretary to vary prescribed suitability requirements for a particular child is rarely used but, when exercised, must be in writing and based on "special circumstances relevant to the needs of a particular child". Failure to document this precisely can expose approvals to Tribunal review under s 96A.

These gotchas justify specialist advice; general family-law knowledge is insufficient.

Compliance requires a systematic, documented approach grounded in the Act's text.

1. Pre-placement: Only the Secretary or approved agency may arrange adoptions (s 9(2)). Prospective parents must be assessed against prescribed criteria (s 24(1)(a)); the Secretary may vary these in writing for specific children (s 24(6)). Obtain all required consents after mandatory counselling and 24-hour written information (s 31). File counselling certificates (s 31(3)).

2. Application: Lodge in the Magistrates Court (Children's Division) with a s 24 report, medical report (unless excepted under s 24(5)), and 28 days' notice to non-consenting parties (s 25). Ensure residency and presence requirements are met or presumed under s 6(2). The child’s wishes must be ascertained where practicable (s 23).

3. Hearing: Proceedings are in camera (s 93). The Secretary or principal officer may appear (s 94). The court must be satisfied welfare will be promoted (s 24(1)(d)) and, for relative or step-parent adoptions, that custody orders would be inadequate and special circumstances exist (ss 20(7), 21).

4. Post-order: Register the order with the Registrar for re-registration of birth (s 62, s 63). Issue certificates (s 49). Advise parties of information rights and veto options (Part VI, s 90).

5. Information management: Before releasing identifying information, confirm counselling has occurred (s 74). Obtain undertakings where vetoes exist (ss 82-84). Use s 76 medical gateway where disclosure may harm health. Maintain registers securely (s 90). Respond to requests within statutory timeframes or forward to the Secretary (s 72).

6. Intercountry cases: Verify Hague or bilateral compliance (ss 3, 3A, 46). Ensure Secretary approval of placement and 12-month supervision where required (ss 46-48). Use s 61 declarations for certainty in property or succession matters.

7. Risk management: Document every consent, counselling session, notice and decision. Retain records indefinitely (s 16). Never accept or make unauthorised payments (s 107). Publish nothing that could identify parties without court authority (s 109). If a veto or wish is recorded, treat it as binding.

8. Review and discharge: Use internal review then Ombudsman or Tribunal pathways for assessment or information decisions (ss 86B-86C, s 96A). Discharge applications require investigation reports (s 28(3)-(4)) and must not prejudice the adopted person (s 28(5)).

Organisations should maintain policies cross-referencing every section cited above, train staff on the expanded "natural parent" and "spouse" definitions, and keep templates for undertakings, notices and certificates. Regular audits against the s 17 duty to treat adoption as a service for the child will minimise regulatory risk. Compliance is not merely procedural; it demands continuous demonstration that the child's welfare was the paramount consideration at every decision point.