Northern Territory Consolidated Acts

ADOPTION OF CHILDREN ACT - SECT 28

(1) In the case of the adoption of a child who has not been adopted before and who was born outside the marriage or the traditional Aboriginal marriage of his or her birth parents and only one birth parent consents to the adoption of the child, where the Minister knows or, after making reasonable inquiry, ascertains the name and last-known address of a person who the Minister reasonably believes to be the other birth parent of the child, the Minister shall, by certified mail within 14 days after the first-mentioned birth parent gives his or her consent to the adoption, send to the other birth parent written advice of the first-mentioned birth parent's consent to the adoption of the child.

(2) A birth parent to whom the Minister sends written advice pursuant to subsection (1) may, within 7 days after receiving the advice, give notice to the Minister that he or she intends to take steps to establish his or her parenthood of the child in accordance with the Status of Children Act .

(3) The birth parent referred to in subsection (2) shall, within one month after the giving of notice to the Minister under that subsection -

(a) establish his or her parenthood of the child; or

(b) commence proceedings to establish his or her parenthood of the child under the Status of Children Act ,

as the case requires, and, if he or she does not do so, his or her consent to the adoption is not required.

(4) Where the birth parent referred to in subsection (2) establishes his or her parenthood of the child, his or her consent to the adoption of the child is required in accordance with this Division.

(5) On application by the Minister within 7 days after receiving the consent of the first-mentioned birth parent referred to in subsection (1), the Court may, where it is satisfied that sufficient grounds exist, order that the Minister is not required to comply with subsection (1) and accordingly the Minister shall not comply with that subsection.