Western Australian Current Acts Western Australian Current Acts (1) The court may, if
satisfied as described in subsection (2), make an order discharging a
parentage order on receiving an application for it to do so from —
(a) the
Attorney General; or
(b) the
chief executive officer; or
(c) the
chief executive officer of the department of the Public Service principally
assisting in the administration of the Adoption Act 1994 ; or
(d) a
child whose parentage was transferred by the parentage order who has reached
the age of 18 years.
(2) On an application
under subsection (1), the court may make an order discharging a parentage
order if it is satisfied that —
(a) the
parentage order was obtained by fraud, duress or other improper means; or
(b) a
consent relied on for the making of the parentage order was not an effective
consent because it was obtained by fraud, duress or material inducement; or
(c)
there is an exceptional reason why the parentage order should be discharged.
(3) If the court makes
an order discharging a parentage order, the court is to, by the same order,
declare the name by which the child whose parentage would be affected is to be
known, having regard to the principle that a child’s first name should
not be changed by the order except in special circumstances.
(4) An order under
subsection (3) does not prevent a subsequent change of name under a law of the
State or the Commonwealth.
(5) The court is not
to make an order under subsection (2) unless —
(a) to
do so would be for the welfare and in the best interests of the child whose
parentage would be affected; and
(b) the
court is satisfied that reasonable efforts have been made to give notice of
the application to —
(i)
each of the birth parents of the child whose parentage
would be affected; and
(ii)
each of the arranged parents; and
(iii)
if the court considers it appropriate having regard to
the child’s age, the child whose parentage would be affected.
(6) Any person may
apply for leave to intervene in an application under subsection (1) and the
court may make an order entitling the person to intervene in the application.
(7) A person who is
permitted under subsection (6) to intervene in an application under subsection
(1) is to be treated as a party to the application with all the rights, duties
and liabilities of a party, unless the court orders otherwise.
(8) Where an order is
made under subsection (2), the court may make any consequential or ancillary
order it thinks fit in the interests of justice or for the welfare and in the
best interests of the child whose parentage would be affected, including any
order relating to —
(a) the
ownership or possession of property; or
(b) any
matter affecting the child in relation to the duties, powers, responsibilities
and authority which, by law, parents have in relation to children; or
(c) the
domicile of the child.
(9) Where a parentage
order is discharged under subsection (2), the rights, duties, liabilities and
relationships of persons under the law of the State are to be, after the order
is discharged, as if the parentage order had not been made.
(10) Subsection (9)
—
(a) does
not apply to the extent that its application would be inconsistent with any
order made under subsection (8) or with section 28; and
(b) does
not affect —
(i)
anything lawfully done; or
(ii)
the consequences of anything lawfully done; or
(iii)
any proprietary right or interest that became vested in
any person,
while the parentage
order was in force.