Adoption Act 2009

The chief executive may apply to the Childrens Court for a declaration that a parent (the relevant parent) of a child has given consent under part 2 to the child’s adoption.

The application may be made before or at the same time as an application is made for an adoption order for the child.

If the court is hearing an application for an interim adoption order under division 2, or for a final adoption order under section 188, and the court considers a proceeding about the issue of consent should first be heard and decided under this section, the court may direct the chief executive to make an application under this section.

The chief executive must serve a copy of the application on the relevant parent.

However, the court may dispense with the requirement to serve a copy of the application on the relevant parent if the court is satisfied the chief executive can not locate the relevant parent after making all reasonable enquiries.

A copy of the application served on the relevant parent must state that the application may be heard and decided even though the relevant parent does not appear in court.

The prospective adoptive parents are not respondents in the proceeding and must not be served with a copy of the application.

The court must hear and decide the application, in the absence of the prospective adoptive parents, separately to a proceeding in which the court hears and decides an application for an adoption order for the child.

The court may hear and decide the application in the absence of the relevant parent only if—

the relevant parent has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or

the court dispenses with the requirement to serve a copy of the application on the relevant parent under subsection (5).

Subsections (8) and (9) do not limit the court’s jurisdiction to exclude a person from a proceeding.