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ADOPTION ACT 2009 - SECT 36
Notice of application
36 Notice of application
(1) As soon as practicable after filing the application in the court, the
applicant must serve a copy of it on the relevant parent and, if the applicant
is not the chief executive, serve a copy on the chief executive.
(2) A served
copy must state where and when the application is to be heard.
(3) A copy
served on the relevant parent must also state that the application may be
heard and decided even though the relevant parent does not appear in court.
(4) The court may dispense with the requirement to serve a copy of the
application on the relevant parent if the court is satisfied of any of the
following matters— (a) the applicant can not establish the identity of the
relevant parent after making all reasonable enquiries;
(b) the applicant can
not locate the relevant parent after making all reasonable enquiries;
(c) the
relevant parent is a lineal relative of the child’s mother;
(d) the
child’s conception was a result of an offence committed by the relevant
parent;
(e) there would be an unacceptable risk of harm to the child or
mother if the relevant parent were made aware of the child’s birth or
proposed adoption;
(f) there are other special circumstances for giving the
dispensation.
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