What it does
The Adoption Act 1988 (Tas) establishes a comprehensive statutory framework for the legal transfer of parental responsibility from birth parents (or guardians) to adoptive parents in Tasmania. At its core, the Act prioritises the welfare and interests of the child or adopted person as the paramount consideration (s 8). It does this by regulating every stage of the adoption process: from the arrangement of adoptions exclusively by the Secretary of the Department or approved agencies (s 9), through to the making of adoption orders by the Magistrates Court (Children's Division) (s 6, definition of "court" in s 3(1)), and the ongoing management of information exchange between adopted persons and their natural families.
The Act is structured in seven Parts. Part I contains preliminary provisions, including an expansive interpretation section (s 3) that defines key concepts such as "adopted person", "natural parent", "natural relative", "approved agency", "contact veto", "convention country" and "non-citizen child". These definitions explicitly incorporate references to the Hague Convention, bilateral agreements, the Immigration (Guardianship of Children) Act 1946 (Cth), the Births, Deaths and Marriages Registration Act 1999 and the Relationships Act 2003. Sections 3A and 4 elaborate on convention countries and the approval of counsellors.
Part II governs adoptions under the Act. Division 1 regulates approved agencies (ss 10-17), requiring welfare organisations to obtain Ministerial approval, maintain principal officers, keep records and act in the child's best interests. Division 2 sets the criteria for adoption orders (ss 18-28), including residency requirements (s 6), the paramountcy of the child's welfare (s 8), the wishes of the child (s 23), and specific rules for who may be adopted (s 19) and in whose favour orders may be made (ss 20-22). It prohibits orders where the applicant is the child's mother, father or certain guardians (s 20(3)) and imposes age differentials (s 22). Consents are addressed in Division 3 (ss 29-38A), mandating written consents in prescribed form before approved counsellors (ss 30-31), with detailed rules for revocation within 30 days (s 35), defective consents (s 36) and court dispensation (s 37). Division 4 deals with interim care and guardianship (ss 39-45), while Division 5 addresses non-citizen children (ss 46-48).