South Australian Current Acts

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ADOPTION ACT 1988 - SECT 40A

40A—Notification of death of party to adoption

        (1)         If the Chief Executive is informed by the Registrar that an adopted person has died, the Chief Executive must, if the Chief Executive considers it appropriate to do so, take reasonable steps to inform—

            (a)         the adopted person's birth parents of the death; and

            (b)         each person who would have been a sibling of the adopted person (whether of the whole or half blood) if the adoption order had not been made.

        (2)         If the Chief Executive receives information that a birth parent of an adopted person has died, the Chief Executive must, if the Chief Executive considers it appropriate to do so, take reasonable steps to inform the adopted person.

        (3)         If the Chief Executive informs—

            (a)         the birth parents of an adopted person of the adopted person's death; or

            (b)         an adopted person of the death of a birth parent of the adopted person,

the fact that a direction lodged under section 27B by the deceased adopted person or birth parent (as the case may be) was in effect at the time of death does not prevent the Chief Executive from—

            (c)         in the case of a deceased adopted person—disclosing to the birth parents information in the Chief Executive's possession relating to the adopted person; or

            (d)         in the case of a deceased birth parent—disclosing to the adopted person information in the Chief Executive's possession relating to the birth parent.



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