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Difference between revisions of "Adoption (3:XIII)"
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→1. Consent
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=== 1. Consent === | === 1. Consent === | ||
Section 13 of the ''Adoption Act'' | Section 13 of the ''Adoption Act'' states that no adoption order may be made without the written consent of: | ||
*the child, if 12 years of age or over; children aged between 7 and 11 must be interviewed to ascertain whether they understand the meaning of adoption, and their views on the proposed name changes and a report must be filed with the court; | *the child, if 12 years of age or over; children aged between 7 and 11 must be interviewed to ascertain whether they understand the meaning of adoption, and their views on the proposed name changes and a report must be filed with the court; | ||
*the child’s parents | *the child’s parents. The birth mother can not sign consents until the child is at least 10 days old. The consent of the biological father, who is not presumed to be the child’s biological father under s. 26 of the ''Family Law Act'', is not required unless the biological father acknowledges he is the father and is named as the father by the child’s birth mother; | ||
*the child’s guardians; | *the child’s guardians; | ||
*where a child is a permanent ward of the Director of Child, Family, and Community Service, the Director, as guardian, must consent. | *where a child is a permanent ward of the Director of Child, Family, and Community Service, the Director, as guardian, must consent. | ||
The court may dispense with the need for consent from some of these parties. Parental consent may be dispensed with if it is in the best interest of the child or if the person has abandoned or deserted the child, cannot be found, is incapable of giving consent, has persistently neglected or refused to contribute to support he or she is liable | The court may dispense with the need for consent from some of these parties. Parental consent may be dispensed with if it is in the best interest of the child or if the person has abandoned or deserted the child, cannot be found, is incapable of giving consent, has persistently neglected or refused to contribute to support for which he or she is liable, or is a person whose consent ought, in all the circumstances of the case, to be dispensed with (s 17). The consent of a child over 12 years of age can only be dispensed with if the child is not capable of giving an informed consent (s 17(2)). | ||
A person’s consent must be in the form of an affidavit sworn in front of a notary or a lawyer. Each affidavit must state that the effect of the consent and of adoption was fully explained to the person consenting, and that he or she signed the consent freely and voluntarily. | A person’s consent must be in the form of an affidavit sworn in front of a notary or a lawyer. Each affidavit must state that the effect of the consent and of adoption was fully explained to the person consenting, and that he or she signed the consent freely and voluntarily. | ||
How and when a person can revoke their consent is set out below in section 6. | How and when a person can revoke their consent is set out below in section 6. | ||
=== 2. Notifying the Director of Adoption === | === 2. Notifying the Director of Adoption === | ||
