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ADOPTION ACT 2009 - SECT 177
Proceedings about whether parents have consented
177 Proceedings about whether parents have consented
(1) 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.
(2) The application may be made before or at the same time as an
application is made for an adoption order for the child.
(3) 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.
(4) The chief executive must serve a copy of the
application on the relevant parent.
(5) 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.
(6) 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.
(7) The
prospective adoptive parents are not respondents in the proceeding and must
not be served with a copy of the application.
(8) 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.
(9) The court may hear and decide the
application in the absence of the relevant parent only if— (a) the
relevant parent has been given reasonable notice of the hearing and failed to
attend or continue to attend the hearing; or
(b) the court dispenses with the
requirement to serve a copy of the application on the relevant parent under
subsection (5) .
(10) Subsections (8) and (9) do not limit the court’s
jurisdiction to exclude a person from a proceeding.
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