Discharge of an adoption order

Discharge of an adoption order

Discharge of an adoption order means the undoing or removing of the legal effect of an adoption order. When a person’s adoption order is discharged, the adoption ceases to exist and the person is no longer an adopted person, or legally connected to the parents and family that adopted them. The person becomes legally reconnected to their parents and family at birth.

Grounds for an adoption order to be discharged

Under section 77 of the Adoption Act 1994, adult adopted people over the age of 18 years can seek a discharge of their adoption order from the Family Court of Western Australia in circumstances where:

• The adoption order was obtained by fraud, duress or other improper means;
• The consent relied on for the making of the adoption order was not effective consent because it was obtained by fraud, duress, or material inducement; or
• There is some exceptional reason to discharge the adoption.

Eligibility to apply to discharge an adoption order

Under the Adoption Act 1994, people who can apply to have an adoption order discharged include:

• An adult adopted person over the age of 18 years who has notified the Director General of the Department of Communities (Communities) of their intention to apply.
• The Attorney General.
• The Director General, Communities.

The Family Court cannot make an order to discharge an adoption order:

• If to do so would not be for your welfare and in your best interests; and
• Unless satisfied that reasonable efforts have been made to notify all the parties to the adoption relevant to the application

Where there are contact vetoes in place, Communities will undertake to notify all the parties to the adoption on behalf of the adopted person, including your mother, father and adoptive parents as relevant.

How to apply to discharge an adoption order in Western Australia

If you wish to discharge your adoption order, you must first notify the Director General of Communities of your intention in writing. Notification of your intention to discharge your adoption order can be made by email to adoptions@communities.wa.gov.au

Communities will discuss the process to discharge your adoption order with you and provide access to adoption records and information if you have not previously requested them.

Communities will acknowledge receipt of your intention to apply for a discharge of your adoption order in writing, and then you are able to make an application to the Family Court.

Communities recommends that you seek independent legal advice to assist you in the preparation of your application to the Family Court. You may wish to contact the Law Society of Western Australia to request contact details of lawyers who specialise in adoption. The Law Society of Western Australia can be contacted by telephone on (08) 9324 8600 or by email at info@lawsocietywa.asn.au

To support your application to the Family Court, the following documents are required (these forms can be found on the Adoptions section of the Family Court WA website: Applying for an adoption):

• A General Application (Form 3) and Cover Sheet (Adoption Form 1)
• An Affidavit with:
  • Details of the reasons why you are seeking to discharge your adoption order (referring to the circumstances set out above).
  • Evidence that you have notified the Director General of Communities of your intention to seek a discharge of your adoption order.
  • Evidence that you or Communities have notified each of the relevant parties to the adoption of your intention to seek a discharge of your adoption order, or the reasons why the parties cannot be notified.

Applications to the Family Court for a discharge of an adoption order are free. More information about the how to apply can be found on the Family Court website. The Family Court can be contacted by telephone at (08) 9224 8222 or Country Free call 1800 199 228.

If any of the relevant parties to the adoption are deceased, you should provide a copy of their death certificate if possible. You can obtain a copy by applying to the Registry of Births, Deaths and Marriages in the state where they died.

After discharge of an adoption order

If your adoption order is discharged by the Family Court, your parents at birth once again become your legal parents and you are no longer an adopted person. After the application is granted, the Registry of Births, Deaths and Marriages will issue you a copy of the discharge order and certificates including birth and marriage certificates, where relevant. Your new birth certificate will record your parents at birth as your legal parents and will not record the details of your adoptive parents or family.

The Family Court will notify Communities that your adoption order has been discharged and will provide Communities with a copy of the discharge order. Communities will update the information it holds regarding your adoption.

Implications and outcomes of discharging an adoption order

Discharging your adoption order can be a lengthy, stressful and significant decision that can bring with it a range of complex emotions and outcomes for you and your family.

Before you proceed with an application to discharge your adoption order, it is important to consider the lifelong implications and outcomes of this decision. These considerations may include:

• Changes in the legal relationships with your adoptive parents, siblings and other significant family members.
• Changes in the legal relationships with your parent(s) at birth, siblings and other significant family members.
• The effect on legal documentation such as a marriage certificate or the birth certificate of any children.
• Implications regarding inheritance and wills.
• Changes to your identity, including possible change of name.
• Emotional responses from your families, expected and unexpected.
• Personal and professional supports you could put in place throughout the application process.

Specialist counselling and support is available to you throughout your application to discharge your adoption order. A list of available services can be accessed on the adoption support services webpage.