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 The Commonwealth Marriage Act 1963

Discharging Adoption Orders


"For many years, the Adoption of Children Act contained a provision for the discharging of an adoption order if it was considered to be in the interests of the child, thus making the adoption void. Such discharges were rare, and the Department discouraged the practice. However, in 1963, the situation changed dramatically.

 The Commonwealth Marriage Act, 1963, which was proclaimed from 1st September, 1963, provides for the legitimation of a child from the date of birth, if the parents subsequently marry. From the 1st September to 30th June 1964, 413 applications for the legitimation of children under the new legislation were made in South Australia alone, and 30 adoption orders were discharged because parents wished to apply for the legitimation of their children. In 1964-65 a further 9 orders were discharged, in 1965-66 four, five in 1966-67, and in 1967-68, one. It is probable that no further adoptions were made void in this way. The provision in the Act, which allowed for discharges on this ground, were repealed in 1976".

 What this essentially means is that during the years between 1963 and 1976, a fathers' right to his prodigy superseded that of the courts. If the parents married and legitimated the baby they could apply to the courts to have their child restored to them irrespective of the adoption order having already been made.

Did anyone know this was possible at the time?


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