ACTIn ForceAct
Adoption Act 1993
43General effect
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43 General effect
(1) Subject to this Act and the provisions of any other Territory law that
expressly distinguishes between adopted people and other people, on
the making of an adoption order, for all purposes—
(a) the adopted person becomes in law a child of the adoptive
parents, and the adoptive parents become in law the parents of
the adopted person as if the adopted person had been born to the
adoptive parents; and
(b) the adopted person ceases to be a child of the birth parents or of
any person (a pre-adoption parent) who was an adoptive parent
before the making of the adoption order, and any such
pre-adoption parent ceases to be a parent of the adopted person;
and
(c) if the order is made in favour of a step-parent—the relationship
of the adopted person with the parent living in a domestic
partnership with the step-parent is not affected; and
(d) the relationship to one another of all people (including the
adopted person and the adoptive parents, birth parents or any
former adoptive parent) must be decided on the basis of
paragraphs (a), (b) and (c) so far as they are relevant; and
(e) any existing appointment of a person as guardian of the adopted
person ceases to have effect; and
(f) any previous adoption of the adopted person (whether under a
Territory law or otherwise) ceases to have effect.
(2) However, an adoption order does not exclude any right of inheritance
that the adopted person might otherwise have from or through a
deceased person if—
(a) 1 of the birth or former adoptive parents of an adopted person
has died; and
(b) an adoption order is made in favour of a step-parent after that
death.
(3) Despite subsection (1), for any law of the Territory relating to a sexual
offence, being a law under which the relationship between persons is
relevant, an adoption order, or an order discharging an adoption order,
must not be taken to cause the cessation of any relationship that would
otherwise have existed, and any such relationship is taken to exist in
addition to any relationship that exists because of the application of
that subsection or because of the discharge of the adoption order.