Introduction

The adoption of children within Tasmania is governed by the Adoption Act (Tas) 1988, and the Adoption Regulations (Tas) 2006. All sections, regulations and rules are from these sources unless otherwise indicated.

Adoption creates new family relationships in law. The child ceases to be the child of the original parents and becomes, for legal purposes, the child of the adopting parent or parents (s50, Adoption Act). Thus, for example, the adopted child has a right to be maintained by the adopting parents but no longer by the original parents; the child will succeed in intestacy to the estates of adopted relatives, not the original ones (although an adopted child may succeed under a will of an original relative in some circumstances, s52, Adoption Act). If the relationship between the adopting parents and the child breaks down it will come under the ordinary child welfare system.

Adoption is essentially permanent although there is power to discharge an adoption order (s28, Adoption Act). This would only occur in the most exceptional circumstances.