Prospective adoptive parent, who can be specified as in consent
20 Prospective adoptive parent, who can be specified as in consent
A person may not be specified as a child’s prospective adoptive parent in a form of consent to the child’s adoption unless the person —
is a —
step‑parent; or
relative; or
carer,
of the child; and
wishes to adopt the child.
[Section 20 amended: No. 15 of 2012 s. 11.]
21. Man who may be prospective adoptee’s father to be notified of consent etc.
The CEO, or in the case of a proposed adoption by a step‑parent of the child, the prospective adoptive parent, is to notify, in accordance with subsections (2), (2a) and (2b) —
any man who might be presumed to be the child’s father because of a presumption set out in section 188 or 189 of the Family Court Act 1997; and
if applicable, any man (not being a man who could be presumed to be the child’s father because of a presumption set out in Part 5 Division 11 Subdivision 3 of the Family Court Act 1997) who, to the knowledge of the CEO or that prospective adoptive parent, is a person who has been named as or has claimed to be the child’s father.
The notification referred to in subsection (1) is to inform the man —
of the consent or consents to the child’s adoption; and
that if, before the proposed adoption proceeds, he wishes to apply under the Family Court Act 1997 or the Family Law Act 1975 of the Commonwealth (as is applicable to the case) for a parenting order in relation to the child then he must do so within 21 days of service of the notice; and
that if, before the proposed adoption proceeds, he wishes to apply under Division 3A for a determination of the matter of the child’s parentage only then he must do so within 21 days of service of the notice,
but nothing in this section requires all the information to be served at the same time.
The notification referred to in subsection (1) is to be in writing and served on the man personally or by registered post at the man’s last known address.
The CEO, or in the case of a proposed adoption by a step‑parent of the child, the prospective adoptive parent is to ensure that notification of all the information referred to in subsection (2) is, or has been, served on the man no later than 7 days after the day on which the first completed form of consent to the child’s adoption was received.
A person who has been named as or has claimed to be a child’s parent under section 6A of the Artificial Conception Act 1985 is to be notified by the relevant person in accordance with subsection (1) and for that purpose, subsections (2), (2a) and (2b) apply to and in respect of that notification as if a reference in those subsections to “man” was a reference to “person”.
Notification under subsection (1) is not required if —
the man has been convicted of an offence and the CEO, or in the case of a proposed adoption by a step‑parent of the child, the prospective adoptive parent, is satisfied on reasonable grounds that the child’s conception resulted from the offence; or
compensation has been awarded to the child’s mother under the Criminal Injuries Compensation Act 2003 in relation to an offence within the meaning of that Act that was committed by the man, and the CEO, or in the case of a proposed adoption by a step‑parent of the child, the prospective adoptive parent, is satisfied on reasonable grounds that the child’s conception resulted from the offence.
Notification under subsection (1)(b) is not required if the man is a lineal relative of the child’s mother.
[Section 21 amended: No. 41 of 1997 s. 7; No. 3 of 2002 s. 9; No. 8 of 2003 s. 18; No. 77 of 2003 s. 73; No. 34 of 2004 Sch. 2 cl. 2(8).]
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