Person consenting to child’s adoption, CEO to seek wishes of etc. as to prospective adoptive parents
45 Person consenting to child’s adoption, CEO to seek wishes of etc. as to prospective adoptive parents
Where a person signs a form of consent to a child’s adoption (not being an adoption by a step‑parent, relative or carer of the child) then after the form of consent is signed and not more than 14 days after the revocation period expires —
the CEO is to give to the person the opportunity of —
expressing to the CEO, the person’s wishes in relation to the child’s upbringing and the preferred attributes of the adoptive family; and
studying information provided under paragraph (b)(ii), and selecting a prospective adoptive parent;
and
the CEO is to —
record the wishes expressed under paragraph (a)(i); and
provide to the person information on a selection of prospective adoptive parents for the child, whose names are entered in a register under section 44(1)(b) so that, if practicable, the selection is consistent with the wishes expressed under paragraph (a)(i).
[Section 45 amended: No. 8 of 2003 s. 27; No. 34 of 2004 Sch. 2 cl. 2(8); No. 15 of 2012 s. 31.]
46. Adoption plan, negotiation and content of etc.
After the revocation period in relation to a child’s proposed adoption expires, an adoption plan is to be negotiated, if possible, between —
the birth parents of the child who have signed a form of consent to the child’s adoption; and
the person or persons selected under section 45(a)(ii) to be the prospective adoptive parent of the child; and
if the CEO thinks it is appropriate, the child’s representative.
The following matters may be provided for in an adoption plan —
the exchange of information between the parties to the plan in relation to the child’s —
medical background or condition; or
development and important events in the child’s life;
subject to subsection (6), the means and nature of contact between the parties to the plan and the child;
any other matters relating to the child;
a process for reviewing the adoption plan,
but the provisions of the plan may be to the effect that there will not be any exchange of information or contact.
If an adoption plan has not been agreed within 21 days after the day on which the negotiations commenced, then within a further 21 days —
the CEO is to give the person who made the selection of the prospective adoptive parent under section 45(a)(ii) the opportunity of selecting another person or persons to be the prospective adoptive parent of the child; and
an adoption plan is to be negotiated, if possible, between the persons referred to in subsection (1)(a) and (c) and the newly selected prospective adoptive parent.
The selection of, and the negotiation of an adoption plan with, a prospective adoptive parent, under this section, is not to occur more than twice.
Persons who negotiate an adoption plan under this Division are to have regard to the rights and responsibilities mentioned in Schedule 2.
A provision in an adoption plan that purports to prevent, restrict or make conditional, the movement (whether within or out of Australia) of a party to the adoption, is of no effect.
[Section 46 amended: No. 8 of 2003 s. 28; No. 34 of 2004 Sch. 2 cl. 2(8); No. 15 of 2012 s. 32.]
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