§ 46 — Effect of adoption order on status of adopted child vis‑à‑vis adoptive parents and on citizenship

46.—(1) Upon an adoption order being made —(a)

all rights, duties, obligations and liabilities of the parent or parents or guardian or guardians of the adopted child, in relation to the future custody, care and control, maintenance and education of the adopted child, including all rights to appoint a guardian or to consent or refuse consent to marriage, are extinguished;

(b)

all the rights, duties, obligations and liabilities mentioned in paragraph (a) vest in and are exercisable by and enforceable against the adoptive parents or adoptive parent as though the adopted child were a child born to the adoptive parents or adoptive parent in a lawful marriage; and

(c)

in respect of the same matters and in respect of the liability of a child to maintain his or her parents, the adopted child stands to the adoptive parents or adoptive parent exclusively in the position of a child born to the adoptive parents or adoptive parent in a lawful marriage.

(2) In a case where 2 individuals married to each other are the adoptive parents, the individuals stand to each other and to the adopted child in the same relation as they would have stood if they had been the lawful father and mother of the adopted child, and the adopted child stands to them respectively in the same relation as a child would have stood to a lawful father and mother respectively —(a)

in respect of the matters in subsection (1)(a), (b) and (c); and

(b)

for the purpose of the jurisdiction of any court to make orders as to the custody, care and control and maintenance of and right of access to children.

(3) For the purpose of the law relating to marriage, an adoptive parent and all children and adopted children of the adoptive parent are deemed to be within the prohibited degrees of consanguinity.

(4) Subsection (3) continues to have effect even if a person other than the adoptive parent of an adopted child adopts the same child under a subsequent adoption order.

(5) An adoption order in itself does not affect the citizenship of an adopted child.

—(1) Upon an adoption order being made —(a)

all rights, duties, obligations and liabilities of the parent or parents or guardian or guardians of the adopted child, in relation to the future custody, care and control, maintenance and education of the adopted child, including all rights to appoint a guardian or to consent or refuse consent to marriage, are extinguished;

(b)

all the rights, duties, obligations and liabilities mentioned in paragraph (a) vest in and are exercisable by and enforceable against the adoptive parents or adoptive parent as though the adopted child were a child born to the adoptive parents or adoptive parent in a lawful marriage; and

(c)

in respect of the same matters and in respect of the liability of a child to maintain his or her parents, the adopted child stands to the adoptive parents or adoptive parent exclusively in the position of a child born to the adoptive parents or adoptive parent in a lawful marriage.

(2) In a case where 2 individuals married to each other are the adoptive parents, the individuals stand to each other and to the adopted child in the same relation as they would have stood if they had been the lawful father and mother of the adopted child, and the adopted child stands to them respectively in the same relation as a child would have stood to a lawful father and mother respectively —(a)

in respect of the matters in subsection (1)(a), (b) and (c); and

(b)

for the purpose of the jurisdiction of any court to make orders as to the custody, care and control and maintenance of and right of access to children.

(3) For the purpose of the law relating to marriage, an adoptive parent and all children and adopted children of the adoptive parent are deemed to be within the prohibited degrees of consanguinity.

(4) Subsection (3) continues to have effect even if a person other than the adoptive parent of an adopted child adopts the same child under a subsequent adoption order.

(5) An adoption order in itself does not affect the citizenship of an adopted child.