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Difference between revisions of "Adoption (3:XIII)"
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Section 13(1) of the ''Adoption Act'' states that no adoption order may be made without the written consent of: | Section 13(1) 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 birthing parent cannot sign consents until the child is at least 10 days old (s 14). The consent of the other biological parent, who is not presumed to be the child’s biological parent under s. 26 of the ''Family Law Act'', is not required unless the biological parent acknowledges they are named as a parent by the child’s birthing parent; | * The child’s parents. The birthing parent cannot sign consents until the child is at least 10 days old (s 14). The consent of the other biological parent, who is not presumed to be the child’s biological parent under s. 26 of the ''Family Law Act'', is not required unless the biological parent acknowledges they are a parent and they are named as a parent by the child’s birthing parent; | ||
* 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 (s 13(5)). | * Where a child is a permanent ward of the Director of Child, Family, and Community Service, the Director, as guardian, must consent (s 13(5)). | ||
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Consent may be revoked in writing before the child is placed (s 18). The birth parent may revoke their consent within 30 days of the child’s birth regardless of the child’s placement. The child may revoke consent at any time before the order is made (s 20). After the child has been placed, subject to the above, consent may be revoked only by court order and only if it would be in the best interests of the child. The application for revocation of consent must be made before the granting of the adoption order (s 22). | Consent may be revoked in writing before the child is placed (s 18). The birth parent may revoke their consent within 30 days of the child’s birth regardless of the child’s placement. The child may revoke consent at any time before the order is made (s 20). After the child has been placed, subject to the above, consent may be revoked only by court order and only if it would be in the best interests of the child. The application for revocation of consent must be made before the granting of the adoption order (s 22). | ||
A person who consents to an adoption may revoke | A person who consents to an adoption may revoke their consent prior to the child being placed if the revocation is in writing and received by the director or agency before placement. | ||
=== 7. Checklist for Filing an Adoption === | === 7. Checklist for Filing an Adoption === | ||
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* Petition to the Court (Form F73); | * Petition to the Court (Form F73); | ||
* Affidavit of parent’s consent to adoption; | * Affidavit of parent’s consent to adoption; | ||
* Paternity affidavit of birth parent if no other | * Paternity affidavit of birth parent if no other parent is named; | ||
* Birth parent expense affidavit, sworn by the adoptive parents; | * Birth parent expense affidavit, sworn by the adoptive parents; | ||
* Requisition to have adoption heard in chambers, if necessary; | * Requisition to have adoption heard in chambers, if necessary; | ||