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Adoption of Children Act 1994
44Discharge of adoption orders
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44 Discharge of adoption orders
(1) Subject to subsection (2), the Minister may apply to the Court for an
order discharging an order for the adoption of a child, and the Court
may make such an order if it is satisfied that:
(a) the adoption order was obtained by fraud, duress or other
improper means; or
(b) a person's consent to the adoption required under Division 4
was obtained by fraud, duress or other improper means.
(2) The Court shall not make an order discharging an order for
adoption under this section if it is satisfied that:
(a) the child has attained the age of 18 years; or
(b) the making of the order would be prejudicial to the welfare and
interests of the child.
(3) Where:
(a) the Court makes an order discharging an order for adoption
under this section; and
(b) that order for adoption was not made in reliance upon the
consent of a person or persons that was obtained by fraud,
duress or other improper means,
then, unless the Court otherwise orders, the consent of that person
remains, or those persons remain, in force for the purposes of a
further application for the adoption of the child.
(4) Where the Court makes an order discharging an order for adoption
under this section, it may, at the same time or subsequently, make
such consequential or ancillary orders as it thinks necessary for the
welfare and interests of the child, including orders relating to:
(a) the name of the child;
(b) the ownership of property;
(c) the care, custody or guardianship of the child; or
(d) the domicile of the child.
(5) On the making of an order discharging an order for the adoption of
a child under this section, but subject to Division 7 and any order
made under subsection (4), the rights, privileges, duties, liabilities
and relationships under the law of the Territory of the child and of
Part 3 Adoptions under this Act
Division 7 Effect of adoption orders
Adoption of Children Act 1994 24
all other persons affected by the order for adoption of the child shall
be the same as if the adoption order had not been made, but
without prejudice to:
(a) anything lawfully done;
(b) the consequences of anything unlawfully done; or
(c) any right or interest that became vested in any person,
whilst the adoption order was in force.
Division 7 Effect of adoption orders