Adoption termination is known in Australia as discharging an adoption order. Legislation exists in several Australian states for allowing this on a limited basis (thus, still discriminating against the adopted person). The purpose of this page is to collect references to relevant state legislation and individual accounts from former adoptees who have used this method to terminate their adoptions. which permits
Australian Capital Territory (ACT), Adoption Act 1993
Part 3 Adoptions under this Act, Division 3.6
Proceedings for an adoption order
39L Discharge of adoption order
(1) On application by a prescribed person, the court may make an order
(a discharging order) discharging an adoption order
if the court considers that
(a) the adoption order, or any consent to the adoption, was
obtained by fraud, duress or other improper means; or (b) there are
other circumstances that justify the discharging order.
(2) For subsection (1) (b), a breakdown in the relationship between the adopted person and the adoptive parents must not be taken to constitute a circumstance justifying a discharging order.
(3) A discharging order must not be made if it appears to the court that the making of the order would be prejudicial to the best interests of the adopted person.
(4) On an application under subsection (1), the court may require the director-general to investigate the matter and to provide a written report to the court.
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