Tasmanian Legislation
Tasmania's consolidated legislation online

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Table Of Contents

Contents (1988 - 41)

1. Short title

2. Commencement

3. Interpretation

3A. Meaning of "convention country"

4. Approved counsellors

5. Repealed

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. Repealed

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. Repealed

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

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Adoption Act 1988

Version current from 18 July 2013 to 7 May 2019 (accessed 6 April 2025 at 1:13)

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Version current from 18 July 2013 to 7 May 2019 (accessed 6 April 2025 at 1:13)

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Table of Amending Instruments

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File last modified 18 March 2021

Tasmanian Legislation Tasmania's consolidated legislation online

Adoption Act 1988

Status Information

Currency of version

Table of Amending Instruments

Responsible Minister and Department

Authorisation

Tasmanian Legislation
Tasmania's consolidated legislation online