You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 18 November 2017 at 06:25)
Chapter 4 Part 5 Division 1
Division 1 Who must consent to an adoption?
52   Consent of parents and persons who have parental responsibility generally required
(cf AC Act s 26)
The Court must not make an adoption order in relation to a child who is less than 18 years of age unless consent has been given:
(a)  in the case of a child who has not been previously adopted by:
(i)  each parent of the child, and
(ii)  any person who has parental responsibility for the child, or
(b)  in the case of a child who has previously been adopted—by each adoptive parent of, or person who has parental responsibility for, the child.
53   Ways in which parent or person who has parental responsibility can give consent
(cf AC Act s 27)
(1)  For the purposes of this Act, a parent of, or person who has parental responsibility for, a child may consent to the adoption of the child only by:
(a)  giving general consent to the adoption of the child by an adoptive parent or parents selected by the Secretary or principal officer of an accredited adoption service provider, or
(b)  giving specific consent to the adoption of the child by:
(i)  a specified adoptive parent who is a relative of the child, or
(ii)  2 specified adoptive persons, one of whom is a parent or relative of the child, or
(iii)  a specified adoptive parent who is step parent of the child, or
(iv)  a specified adoptive parent who is an authorised carer who has had care responsibility for the child for 2 years or more.
(2)  Nothing in this section prevents the Secretary or principal officer from selecting an adoptive parent or parents for the purposes of subsection (1) (a) from one or more of the classes of persons referred to in subsection (1) (b).
54   When consent of parent or person who has parental responsibility not required
(cf AC Act s 26 (4A))
(1)  Consent is not required under section 52 if:
(a)  the requirement for the consent has been dispensed with by the Court, or
Note.
 See Division 3 of Part 5.
(b)  the parent whose consent would otherwise be required by section 52 is a proposed adoptive parent, or
(c)  the child gives sole consent to his or her adoption in accordance with subsection (2), or
(d)  the child is 18 or more years of age.
(2)  A child who is 12 or more years of age and of sufficient maturity to understand the effect of giving consent may give sole consent to his or her adoption by a proposed adoptive parent or parents if the child has been cared for by the proposed adoptive parent or parents for at least 2 years.
(3)  However, the Court must not make an adoption order in relation to a child who is less than 18 years of age who gives sole consent to his or her adoption, unless:
(a)  the Court is satisfied that at least 14 days’ notice of the application for the adoption order has been given by the Secretary or appropriate principal officer to the parent or person who has parental responsibility whose consent would otherwise be required, or
(b)  the Court dispenses with the giving of notice.
(4)  The regulations may prescribe the particulars to be contained in a notice under this section.
Note.
 Parental responsibility is defined in the Dictionary.
55   Consent of child
(cf AC Act ss 26 (4A), 33, 38 (2A))
(1)  The Court must not make an adoption order in relation to a child who is 12 or more but less than 18 years of age and who is capable of giving consent unless:
(a)  the child has been counselled as required by section 63, and
(b)  the counsellor has certified that the child understands the effect of signing the instrument of consent (as required by section 61), and
(c)  the child consents to his or her adoption by the prospective adoptive parent or parents or the Court dispenses with the requirement for consent.
Note.
 See Division 3 of Part 5.
(2)  The Court may make an adoption order in relation to such a child who is incapable of giving consent if the Court is satisfied that the circumstances are exceptional and that it would be in the best interests of the child to make the order.
56   Birth father to be given opportunity to consent
(cf AC Act s 31A)
(1)  This section applies if:
(a)  consent to the adoption of a child has been given by the child’s birth mother or person who has parental responsibility but not the birth father of the child, and
(b)  an adoption hearing has not been held, and
(c)  the Secretary or appropriate principal officer knows, or after reasonable inquiry ascertains, the name and address of the person whom the Secretary or principal officer reasonably believes to be the birth father of the child.
Note.
 A person may be presumed to be the father of a child under the Status of Children Act 1996 or may be registered as the father under the Births, Deaths and Marriages Registration Act 1995.
(2)  When this section applies, the Secretary or principal officer must give the person known, or reasonably believed, to be the birth father of the child notice:
(a)  that the child’s birth mother or person who has parental responsibility has consented to the adoption of the child, and
(b)  advise him:
(i)  of the legal processes by which he can establish paternity in relation to the child or be registered as the father of the child, and
(ii)  of his rights as a parent in relation to the adoption of the child.