ADOPTION OF CHILDREN ACT 1965 - SECT 31A Notice of consents to certain putative fathers

This legislation has been repealed.

ADOPTION OF CHILDREN ACT 1965 - SECT 31A

31A Notice of consents to certain putative fathers

(1) Where, under section 34 (1), the Director-General becomes the guardian of a child referred to in section 26 (3):

(a) except as provided by paragraph (b)--the Director-General, or

(b) in any case where negotiations are being conducted or arrangements are being made by a private adoption agency with a view to the adoption of the child--the principal officer of the private adoption agency,

shall make all such inquiries as, in the opinion of the Director-General or the principal officer, as the case may be, having regard to all such information as may have been furnished to him or her by a person giving a consent to the adoption of the child or any other person, are reasonably necessary in order to ascertain whether any person, as at the date on which the Director-General so becomes the guardian of the child:

(c) is presumed to be the father of the child by the operation of Division 1 of Part 3 of the Status of Children Act 1996 , or

(d) is a party to proceedings as a consequence of which the person may be presumed to be the father of the child by the operation of section 12 of the Status of Children Act 1996 , or

(e) is otherwise registered as the father of the child under the Births, Deaths and Marriages Registration Act 1995 .

(2) Where, in relation to a child referred to in section 26 (3) who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998 , a consent to the adoption of the child is given by the mother of the child, the Director-General shall make the inquiries referred to in subsection (1) in order to ascertain whether any person, as at the date on which the consent is given, is, in relation to the child, a person to whom paragraph (c), (d) or (e) of subsection (1) applies.

(3) Except as provided by subsection (1) or (2), the applicant or applicants for an adoption order in respect of a child referred to in section 26 (3) shall make such inquiries as, in the opinion of the Court, are reasonably necessary in order to ascertain whether any person, as at the date on which the application for the adoption order was made is, in relation to the child, a person to whom paragraph (c), (d) or (e) of subsection (1) applies.

(4) Where, as a consequence of making inquiries pursuant to subsection (1), (2) or (3), or otherwise, the Director-General, the principal officer of a private adoption agency or an applicant or the applicants for an adoption order ascertains or ascertain that there is, in relation to the child, a person to whom paragraph (c), (d) or (e) of subsection (1) applies, the Director-General, that principal officer, the applicant or those applicants, as the case may be, shall:

(a) in circumstances to which subsection (1) or (2) applies--give the person notice of each consent given by an appropriate person referred to in section 26 (3) in relation to the child, or

(b) in circumstances to which subsection (3) applies--give the person notice that an application has been made for an adoption order in respect of the child.

(5) Nothing in subsection (4) requires the giving of a notice of a consent referred to in that subsection to the person by whom the consent was given.