Adoption Act 1994

If the adoption of a child is recognised under section 138A, for the purposes of the laws of the State —

the relationship between the child and each of the child’s adoptive parents is to be treated as being that of child and parent; and

each adoptive parent of the child has parental responsibility for the child; and

if the laws of the overseas jurisdiction in which the adoption was granted do not have the effect of treating the relationship between the child and the persons who were, immediately before the adoption, the child’s parents, as not being that of child and parent, that relationship is to be treated as not being that of child and parent and the adoption of the child terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child’s parents; and

if the child had been previously adopted, whether under the law of this State or otherwise, the previous adoption does not have effect and the relationship between the child and the individuals who adopted the child under the previous adoption is to be treated as not being that of child and parent; and

the child has the same rights as a child who is adopted under this Act; and

the relationship of all persons to the child, the person who adopted the child and the birth parent or previous adoptive parent are to be determined in accordance with this section; and

an appointment, in a deed or will existing at the time an adoption is effective, of a person as the guardian of the child, ceases to have effect.

Despite subsection (1), for the purposes of the law of this State relating to sexual offences, being law for the purposes of which the relationship between persons is relevant, the recognition of the adoption of a child in an overseas jurisdiction does not cause the cessation of any relationship that would have existed if the adoption had not occurred, and any such relationship is to be treated as existing in addition to any relationship that exists by virtue of the application of this section in relation to the recognition of an adoption.

In this section a reference to a child includes a reference to a person who is 18 or more years of age.

Nothing in this section affects the jurisdiction of a court of the State or of the Commonwealth to entertain proceedings, make an order, or take any other action in relation to a child whose adoption is recognised under section 138A.