Relatives etc. to be notified of intention to apply for adoption order if birth parent deceased or cannot be found
59 Relatives etc. to be notified of intention to apply for adoption order if birth parent deceased or cannot be found
In this section —
close relative, in relation to a birth parent, means each of the following people —
a birth parent or an adoptive parent of the birth parent;
a sibling of the birth parent —
whether of the whole or half blood; or
whether the relationship is established by this Act or another written law.
Where —
a child’s birth parent —
has died without signing a form of consent to the child’s adoption; or
has died after signing a form of consent to the child’s adoption and before an adoption order is made in relation to the child;
or
the requirement for a birth parent’s consent to his or her child’s adoption has been dispensed with on the ground that the birth parent cannot be found or contacted,
a person is not to file an application for an adoption order in relation to the child unless at least 30 days before the application is filed, the person gives the notice required by subsection (2).
Written notice of the intention to file an application for an adoption order in relation to the child —
is to be given to as many close relatives of the birth parents who have attained the age of 18 years as is practicable; or
if no close relative of a birth parent can reasonably be located, is to be given to an aunt or uncle of the birth parent who has attained the age of 18 years and is reasonably available at the relevant time.
For the purposes of subsection (2) notice is given to a person if the notice is delivered personally or by registered post to that person’s last known address.
The CEO may provide assistance to a person who is required to give notice of the intention to file an application for an adoption order under this section.
[Section 59 amended: No. 41 of 1997 s. 28; No. 8 of 2003 s. 32; No. 15 of 2012 s. 40.]
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