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Contents (1995 - 62)
Births, Deaths and Marriages Registration Act 1995 No 62
Current version for 4 May 2016 to date (accessed 20 November 2017 at 20:38)
Part 4
Part 4 Registration of adoptions
23   Duty to register adoptions
(1)  If a State adoption order or recognised foreign adoption order is made or an order is made for the discharge of such an order, the adoption or discharge of adoption must be registered under this Act.
(2)  If an Interstate adoption order is made in relation to a person whose birth or previous adoption is registered under this Act or an order is made for the discharge of an Interstate adoption order in relation to such a person, the adoption or discharge of adoption must be registered under this Act.
(3)  In this section:
Interstate adoption order means an adoption order made (whether by a court or not) under the law in force in another State.
recognised foreign adoption order means an adoption of a child that is recognised under section 108 or 113 of the Adoption Act 2000 but only if the adoption was organised by or under the authority of the Director-General of the Department of Family and Community Services.
State adoption order means an adoption order or declaration under section 117 (Declaration of validity of foreign adoptions) under the Adoption Act 2000.
24   How adoptions are registered
(1)  The Registrar is to register an adoption or discharge of an adoption by registering the record of the adoption or discharge sent to the Registrar under Chapter 7 of the Adoption Act 2000.
(2)  The Registrar registers the record by making an entry about it in the Register including the information required by the regulations.
(3)  If the record relates to a person in relation to whom such a record has previously been registered under this Act, the Registrar is also to note a reference to the later record in the entry in the Register relating to the previous record.
24A   Registration of deceased person’s former intention to adopt
(1)  The adoptive parent of a person in relation to whom a record is registered under this Part may apply to the Registrar, in a form approved by the Registrar, for registration of the intention of a deceased person before his or her death to adopt the person jointly with the adoptive parent.
(2)  The Registrar registers an intention of a deceased person to adopt by making an entry about the intention to adopt in the Register including the information required by the regulations.
(3)  An application to the Registrar under this section must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration obtained from the Director-General of the Department of Community Services or an appropriate principal officer (within the meaning of the Adoption Act 2000) verifying the information contained in the application and any other evidence that the Registrar may require.
25   Record of adoption or discharge of adoption to be noted in birth registration
(1)  If a record of adoption, or discharge of adoption, registered under this Part relates to a person whose birth is registered under this Act, the Registrar is to note a reference to the record in the entry relating to the birth of the person.
(2)  If a record of adoption, or discharge of adoption, received by the Registrar under Chapter 7 of the Adoption Act 2000 relates to a person whose birth is registered under a corresponding law, the Registrar is to cause a copy of the record to be sent to the relevant registering authority.
25A   Issuing birth certificates to adopted persons
(1)  After a person’s adoption is registered under this Part, a birth certificate issued by the Registrar for the person must contain the relevant information recorded in the Register pursuant to section 24 (2) in place of the corresponding information recorded in the Register pursuant to section 17 (1).
(2)  In particular, a birth certificate for an adopted person must not include any information that indicates that he or she has been adopted.
(3)  This section applies whether or not the person’s birth has been registered under this Act.