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Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 15 June 2018 to date (accessed 18 July 2018 at 16:57)
58   When is consent ineffective?
(cf AC Act ss 29, 30, 31, AC Reg cll 21 (a) and (d), 22, 23, Sch 1 Forms 1, 4)
(1)  Consent to a child’s adoption is not effective unless it is:
(a)  informed consent, and
(b)  given in accordance with this Act.
(2)  Consent given by a person (other than a child under 18 years of age) is not effective if it appears to the Court that:
(a)  it was not given in accordance with this Act, or
(b)  it was obtained by fraud, duress or other improper means, or
(c)  the instrument of consent has been altered in a material particular without authority, or
(d)  the person giving or purporting to give the consent was not, at the time the instrument of consent was signed, in a fit condition to give the consent.
(3)  Consent is not effective if it is revoked during the time allowed by section 73.
(4)  Consent given by a birth parent who is less than 18 years of age is not effective if it appears to the Court that the birth parent did not have the benefit of independent legal advice concerning the adoption before the instrument of consent was signed by the birth parent.
(5)  Consent to a child’s adoption given in another State under the law of the other State is an effective consent for the purposes of this Act.
 Chapter 5 provides for the recognition of certain adoptions if an adoption compliance certificate has been issued by the appropriate authority of a country outside Australia. Such a certificate will only be issued if the appropriate consents have been given to the adoption. See eg Article 4 of the Convention (which is set out in Schedule 1).