ADOPTION ACT 1988 - SECT 14

ADOPTION ACT 1988 - SECT 14

14—Discharge of adoption orders

        (1)         An eligible person may apply to the Court for an order discharging an adoption order (a "discharge order") on the grounds—

            (a)         that the adoption order or a consent for the purposes of the adoption order was obtained by fraud, duress or other improper means; or

            (b)         that it is in the best interests of the adopted person, taking into account the rights and welfare of the adopted person, for the discharge order to be made.

        (2)         If an application is made under subsection (1), the Court must, if satisfied that there may be grounds on which a discharge order may be made, direct that an investigation be made into the circumstances relating to the application.

        (3)         The Chief Executive and (if the Court so directs) a person nominated by the Attorney-General must conduct an investigation under subsection (2).

        (4)         If, after consideration of a report of an investigation carried out under subsection (3), the Court is satisfied that a discharge order should be made, the Court will make the discharge order, unless it appears to the Court that to do so would be prejudicial to the rights, welfare and interests of the adopted person.

        (5)         If the Court makes a discharge order under this section, any consent given under this Act for the purposes of the adoption of the person to whom the adoption order relates ceases to have effect, unless the Court otherwise orders.

        (6)         The Court may, on making a discharge order relating to an adopted person, make any consequential or ancillary orders considered necessary by the Court, taking into account the rights, welfare and interests of the adopted person, including orders relating to—

            (a)         the name of the person; and

            (b)         the ownership of property; and

            (c)         the care, control, custody or guardianship of the person; and

            (d)         the domicile of the person; and

            (e)         any changes to be made by the Registrar to the entry in the register of births relating to the person.

        (7)         Subject to any order under subsection (6), on the making of a discharge order, the rights, privileges, duties, liabilities, and relationships of the person to whom the adoption order relates and of all other persons will be the same as if the adoption order had not been made.

        (8)         Nothing in subsection (7) affects—

            (a)         anything lawfully done; or

            (b)         the consequences of anything unlawfully done; or

            (c)         a proprietary right or interest that became vested in a person,

while the relevant adoption order was in force.

        (9)         In addition, nothing in subsection (7) affects the right of an adopted person in respect of whom a discharge order has been made to obtain information in accordance with Part 2A (as if the person were an adopted person).

        (10)         In this section—

"adoption order" includes an adoption order made under the Adoption of Children Act 1966 or any corresponding previous enactment;

"eligible person" means any of the following persons:

            (a)         the adopted person to whom an adoption order relates;

            (b)         a birth parent of the adopted person;

            (c)         an adoptive parent of the adopted person;

            (d)         the Chief Executive.