(1) An eligible person may apply to the Court for an order discharging an adoption order (a discharge order) on the grounds—
(a) that the adoption order or a consent for the purposes of the adoption order was obtained by fraud, duress or other improper means; or
(b) that it is in the best interests of the adopted person, taking into account the rights and welfare of the adopted person, for the discharge order to be made.
A formal application needs to be made to the Court. Application forms are available from the Court Administration Authority website.
During the adoption proceedings, the Court may require the Department for Child Protection to conduct an investigation about the application and prepare a report for the Court’s consideration.
If you want to talk to someone from Adoption Services in the Department for Child Protection about having your adoption Order discharged, you can call (08) 8463 3666.
Ground (b) was passed in the Review of the SA Adoption Act in December 2016, but only commenced on 15th December 2018, after extensive guidelines were developed which are being challenged by SA adoptees due to their intrusive nature and lack of relation to the legislation.
It is recommended applicants engage independent legal advice.
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