South Australian Current Acts

ADOPTION ACT 1988 - SECT 15

15—Consent of parent or guardian

        (1)         Subject to this section, an adoption order will not be made unless each person who is a parent or guardian of the child has consented to the adoption (whether the parent or guardian is present in Australia or not).

        (2)         The mother of a child cannot consent to the adoption of the child until 5 days after the birth of the child and, subject to subsection (3), a mother's consent given more than 5 but less than 14 days after the birth of the child will not be recognised as a valid consent to the child's adoption.

        (3)         The Court may recognise the validity of a consent of a mother given more than 5 but less than 14 days after the birth of the child, if satisfied—

            (a)         that there were special circumstances justifying the giving of consent less than 14 days after the birth of the child; and

            (b)         that the mother was able to exercise a rational judgment on the question of consent.

        (4)         The consent of a parent or guardian—

            (a)         may be in general terms, authorising the adoption of the child by any persons in whose favour an order may be made; or

            (b)         may be limited, authorising the adoption of the child—

                  (i)         by a relative of the child; or

                  (ii)         by a person who has been appointed a guardian of the child by a court; or

                  (iii)         by a person who is living together with a parent of the child in a qualifying relationship; or

                  (iv)         by a person in whose care the child has been placed by the Chief Executive, either solely or jointly with any other person.

        (5)         The consent of a parent or guardian—

            (a)         must be in writing; and

            (b)         must (except where the Minister or the Chief Executive is the guardian)—

                  (i)         be witnessed in accordance with the regulations; and

                  (ii)         be endorsed by a person authorised by the Chief Executive with a statement to the effect that the parent or guardian has been counselled by that person at least three days before the giving of consent and appears to understand the consequences of adoption and the procedures for revoking the consent; and

                  (iii)         if the parent or guardian is less than 16 years of age, be endorsed by at least 2 psychologists authorised by the Chief Executive with a statement from each psychologist to the effect that the parent or guardian has been counselled by the psychologist at least 3 days before the giving of consent and the psychologist is of the opinion that the parent or guardian appears to have a sufficient understanding of the consequences of adoption such that the parent or guardian is able to make a responsible decision in relation to the consent.

        (6)         The consent of a parent or guardian may be revoked by written notice of revocation served personally or by post on the Chief Executive within 25 days or, with the approval of the Chief Executive given within that period of 25 days, 39 days, of the date of the consent.

        (7)         The consent of the father of a child born outside lawful marriage is not required unless his paternity is recognised under the law of this State but if it appears to the Court that a particular person may be able to establish paternity of the child (not being a person whose paternity arises from unlawful sexual intercourse with the mother), the Court will not proceed to make an adoption order without allowing that person a reasonable opportunity to establish paternity.