Tasmanian Consolidated Acts

ADOPTION ACT 1988

- Act 41 of 1988 
- Royal Assent 10 November 1988 

TABLE OF PROVISIONS

           Long Title

   PART I - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   3A.     Meaning of "convention country"
   4.      Approved counsellors
   5.       
   6.      Requirements for making adoption orders
   7.      Rules of private international law not to apply
   8.      Welfare and interests of child to be paramount

   PART II - Adoptions under this Act

           Division 1 - Arrangement of adoptions

   9.      Adoptions may be arranged by Secretary or by approved agency
   10.     Application for approval of adoption agency
   11.     Minister may grant or refuse to grant application
   12.     Principal officer of approved agency
   13.     Revocation or suspension of approval
   14.     Effect of cessation or suspension, &c., of approval
   15.     Expiration of suspension of approval or authority
   16.     Duty to keep records of adoptions
   17.     Duties of Secretary and principal officers

           Division 2 - General

   18.     Adoption order to be made on application by Secretary or principal officer
   19.     Who may be adopted
   20.     Persons in whose favour adoption orders may be made
   21.     Orders in favour of relatives
   22.     Age of adoptive parents
   23.     Wishes of child
   24.     Court to be satisfied as to certain matters
   25.     Notice of application for adoption orders
   26.     Parties to proceedings for adoption order
   27.     Custody, &c., after refusal of application for adoption order
   28.     Discharge of adoption orders

           Division 3 - Consents to adoptions

   29.     Consents required to adoption
   30.     Manner of giving consent
   31.     Requirements to be complied with
   32.     Consent by guardian under section 29 (6)
   33.     Consents to be construed as general consents
   34.     Consents given under law of another State or a Territory
   35.     Revocation of consents
   36.     Defective consents
   37.     Court may dispense with consents
   38.     Person who gives consent to be given notice of certain events
   38A.    Validation of consents

           Division 4 - Care of child pending adoption

   39.     Care of child pending adoption
   40.     Guardianship of child awaiting adoption
   41.     Renunciation of guardianship for adoption of child in another State
   42.     Guardianship of non-citizen child
   43.     Miscellaneous provisions as to care, control, placement, &c., of child
   44.     Duty of principal officer to report to Secretary
   45.     Natural parent's right of access after consent

           Division 5 - Adoption of non-citizen children

   46.     Orders for adoption of non-citizen children
   47.     Supervision of certain children adopted overseas
   48.     Supervision of certain non-citizen children

   PART III - Adoption Orders

           Division 1 - Certificates of adoption

   49.     Certificates of adoption

           Division 2 - Effect of adoption orders

   50.     General effect of adoption orders
   51.     Effect of orders in relation to dispositions of property
   52.     Bequest by will to unascertained adopted person
   53.     Adoption order not to affect distribution of property by trustees or personal representatives unless notice given
   54.     Names of adopted person
   55.     Effect of adoption order on domicile

           Division 3 - Interim orders

   56.     Making of interim orders
   57.     Duration of interim orders
   58.     Discharge of interim orders

   PART IV - Recognition of Adoptions

   59.     Recognition of Australian and certain foreign adoptions
   60.     Recognition of foreign adoptions
   61.     Declarations of validity of foreign adoptions

   PART V - Registration of Orders

   62.     Memorandum of adoption order, &c., to be sent to the Registrar
   63.     Record of adoptions and endorsements, &c., to be made in birth registers in relation to adopted person
   64.     Record of adoptions of persons born outside Australia
   65.     Discharge of adoption orders
   66.     Sending of memoranda of orders to other States, &c.
   67.     Entries in registers of births not to be disclosed
   68.     Former register of adoptions and memoranda of adoption orders not open for search
   69.     Copies of entries in the special record
   70.      

   PART VI - Access to Information

           Division 1 - General

   71.     Restriction on access to records and reports
   72.     Duties of relevant authorities to provide information
   73.     Secretary may obtain information from the court
   74.     Counselling services
   75.     Protection of privacy
   76.     Disclosure of medical information

           Division 2 - Persons entitled to birth certificates or information

   77.     Application of this Division where adopted person under guardianship
   78.     Provision of information by relevant authorities
   79.     Access to birth certificates of adopted persons born outside Tasmania
   80.     Grant of certificate as to counselling, &c.
   81.     Adopted person's right to information under age 18
   82.     Adopted person's right to information at age 18
   83.     Information about adopted person under age 18
   84.     Information about adult adopted person
   85.      
   86.     Adoptive parent's right to information
   86A.    Decision of relevant authority
   86B.    Review of decision of relevant authority
   86C.    Review by Ombudsman
   87.     Power of judge to order release of information to adopted persons, natural parents, &c.
   88.     Power of judge to order release of information to other interested persons

           Division 3 - Adoption Information Service

   89.     Adoption Information Service
   90.     Adoption Information Registers

   PART VII - Miscellaneous

           Division 1 - Supplemental provisions

   91.     Delegation of powers of Secretary
   92.     Financial assistance
   93.     Hearings to be in camera
   94.     Secretary, principal officer, &c., may appear at hearings
   95.     Judicial notice of signatures, &c.
   96.     Certified copies, &c., of adoption order to be evidence
   96A.    Reviews of decisions
   97.     Fees for assessment of applicants for adoption of non-citizen child, &c.
   98.     Waiver of fees
   99.     Identities of certain persons not to be revealed
   100.    Contents of reports not to be disclosed
   101.    Restriction on inspection of records

           Division 2 - Offences

   102.    Territorial application of Part
   103.    Destruction, removal, &c., of adoption records
   104.    Taking away, &c., adopted child by natural parent
   105.    Harbouring child taken from adoptive parents
   106.    Undue influence, &c.
   107.    Payments in consideration of adoptions, &c.
   108.    Restrictions on advertising
   109.    Restriction on publication of identity of parties
   110.    Unauthorized arrangements for adoption
   111.    Agency, &c., to comply with request for information
   112.    False statements
   113.    Personation
   114.    Presenting forged consent, &c.
   115.    Improperly witnessing consent to adoption
   115A.   Compliance with undertaking
   116.    Penalties
   117.    Prosecutions for offences against this Act

           Division 3 - Regulations

   118.     Regulations

           Division 4 - Savings and repeals

   119.    Savings and transitional provisions
   120.    Repeal of Adoption of Children Act 1968
   121.    Consequential amendments to Registration of Births and Deaths Act 1895
           SCHEDULE 1