Australian Capital Territory Numbered Acts

ADOPTION AMENDMENT ACT 2009 (NO 2) (NO. 36 OF 2009) - SECT 8

substitute

26     Consents of parents and guardians

    (1)     Subject to this division, an adoption order must not be made for a child or young person unless consent to the adoption has been given by—

        (a)     if the child or young person has not previously been adopted—

              (i)     each parent of the child or young person; and

              (ii)     each guardian of the child or young person; or

        (b)     if the child or young person has previously been adopted—

              (i)     each adoptive parent of the child or young person; and

              (ii)     each guardian of the child or young person.

    (2)     A reference in subsection (1) (a) (i) to a parent of a child or young person does not include a reference to the father of the child or young person unless he is presumed to be the father under the Parentage Act 2004 .

    (3)     Consent of a person is not required if the court is satisfied that the person is dead.

27     Information for certain parents considering consent

    (1)     This section applies if the chief executive knows that—

        (a)     a parent is considering consenting to the adoption of a child in the 28 days following the birth of the child; or

        (b)     a parent under 18 years old is considering consenting to the adoption of a child.

    (2)     The chief executive must offer the parent—

        (a)     information about—

              (i)     the time period for providing the consent; and

              (ii)     the process for revocation of consent; and

              (iii)     alternatives to adoption; and

              (iv)     future contact with the child; and

        (b)     the opportunity for counselling, if requested.

    (3)     The chief executive must ensure a parent mentioned in subsection (1) (b) has access to independent legal advice.