It is probable that most adult adoptees are unaware of the right to apply for Discharge, of which they have a right to be informed. As adoption has been open in Victoria since 1984 and gradually since then across all states with requirements on adoptive parents regarding the information adoptees should have about being adopted, and therefore known by adoptees, it is feasible to inform all adoptees at age 18 of their right to apply for Discharge under the current Acts.
The Governments and their Departments should set in place an appropriate communication strategy to ensure adult adoptees are aware of their right to apply for Discharge and the criteria in the Act. This could be in conjunction with the requirement of the Secretary to publicise the establishment of the Adoption Information Register.
As it is highly probable that natural parents and adopted people (especially where forced adoption occurred) are unaware of their own right to apply for Discharge, of which they have a right to be informed, the Government and its Departments should set in place an appropriate information campaign alerting natural parents and especially victims of forced adoption to their right to apply for Discharge and the criteria in the Act. This could be in conjunction with the requirement of the Secretary to publicise the establishment of the Adoption Information Register.
Would you give the adopted person the right of Choice?
All adopted adults should have available the right of choice to be able to apply to discharge their adoption order without having to prove fraud or duress, or that the adoption was improperly obtained, or that special circumstances exist.
The Adoption Act in all states should be immediately amended to introduce a no fault discharge to release the adoptee from a contract they never agreed to that binds them for life. Even if the child agreed to the adoption as a minor, they still should have the right to make that decision when they come of age.
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