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Contents (2000 - 75)
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Adoption Act 2000 No 75
Current version for 4 February 2019 to date (accessed 20 September 2019 at 05:34)
Chapter 4 Part 10
Part 10 Procedures after application dealt with
92   Care of child after refusal of an application
(cf AC Act s 24)
If the Court refuses an application for an adoption order, the Court may make such orders in relation to the parental responsibility for the child concerned as it thinks fit, including, if the child is less than 18 years of age, an order declaring the child to be under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998.
93   Discharge of adoption orders
(cf AC Act s 25)
(1)  In this section:
concerned person means the Attorney General, or any party to an adoption.
(2)  A concerned person may apply to the Court for an order discharging an adoption order (a discharge order).
(3)  The Court is to give each concerned person (other than the applicant for the discharge order) notice of the application.
(4)  The Court may make a discharge order if it is satisfied that:
(a)  the adoption order, or any consent to adoption, was obtained by fraud, duress or other improper means, or
(b)  there is some other exceptional reason why the adoption order should be discharged.
(5)  The Court must not make a discharge order if it appears to the Court that:
(a)  the making of the order would be prejudicial to the best interests of the child, or
(b)  if the application for the order is made by the child—the application is motivated by emotional or other considerations that do not affect the welfare of the child arising out of a relationship formed because of the child’s access to information or contact with a person under Chapter 8 (Adoption information).
(6)  If the Court makes a discharge order respecting a general consent, that consent remains effective for the purpose of a further application for an adoption order in relation to the same child, unless the Court orders otherwise.
(7)  If the Court makes a discharge order, it may, at the same time or subsequently, make such consequential or ancillary orders as it thinks necessary in the interests of justice or to promote the best interests of the child, including orders relating to the following:
(a)  the name of the child,
(b)  the ownership of property,
(c)  the parental responsibility for the child,
(d)  the domicile of the child.
(8)  On the making of a discharge order, but subject to any order made under subsection (6) and to section 95 (4), the rights, privileges, duties, liabilities and relationships under the law of New South Wales of the child and of all other persons are to be the same as if the adoption order had not been made, but without prejudice to:
(a)  anything lawfully done, or
(b)  the consequences of anything unlawfully done, or
(c)  any proprietary right or interest that became vested in any person,
while the adoption order was in force.
94   Investigation of application for discharge
The Court may require the Secretary to investigate the circumstances of any application for a discharge order and report to it.