New South Wales Consolidated Acts

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ADOPTION ACT 2000 - SECT 56

Birth father to be given opportunity to consent

56 Birth father to be given opportunity to consent

(cf AC Act s 31A)

(1) This section applies if--
(a) consent to the adoption of a child has been given by the child's birth mother or person who has parental responsibility but not the birth father of the child, and
(b) an adoption hearing has not been held, and
(c) the Secretary or appropriate principal officer knows, or after reasonable inquiry ascertains, the name and address of the person whom the Secretary or principal officer reasonably believes to be the birth father of the child.
Note : A person may be presumed to be the father of a child under the Status of Children Act 1996 or may be registered as the father under the Births, Deaths and Marriages Registration Act 1995 .
(2) When this section applies, the Secretary or principal officer must give the person known, or reasonably believed, to be the birth father of the child notice--
(a) that the child's birth mother or person who has parental responsibility has consented to the adoption of the child, and
(b) advise him--
(i) of the legal processes by which he can establish paternity in relation to the child or be registered as the father of the child, and
(ii) of his rights as a parent in relation to the adoption of the child.



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