Northern Territory Consolidated Acts

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ADOPTION OF CHILDREN ACT - SECT 39

Notice of intention to apply

39. Notice of intention to apply

(1) Where a person or persons referred to in section 38 intend to apply for an order for the adoption of the child, the person or persons shall give to the Minister not less than 21 days notice in writing of his or her intention to make the application.

(2) On receipt of the notice referred to in subsection (1), the Minister shall, as soon as practicable but not later than 7 days after receipt of the notice, give notice in writing of the intention to make the application for the order for adoption to each person -

(a) whose consent to the adoption is required under Division 4 (whether or not he or she has given his or her consent), unless he or she has previously advised the Minister in writing that he or she does not wish to receive notice of the intention to make the application; and

(b) whose name and address is known or may reasonably be ascertained by the Minister,

and each person who receives notice from the Minister may, within 7 days of receipt of the notice, advise the Minister, together with his or her full name and an address for service, whether he or she wishes to be a party to the adoption proceedings.

(3) The Minister shall, as soon as practicable but not later than 7 days after receipt of the advice referred to in subsection (2), advise in writing the person or persons intending to apply for an order for adoption of the name and address for service of each person who wishes to be a party to the adoption proceedings.

(4) The Court may, upon application, dispense with the giving of a notice by the Minister under subsection (2) where it considers it reasonable to do so.

(5) Notwithstanding this section, where it appears to the Court to be necessary, the Court may direct that notice of an application for an adoption order be given to a person other than a person referred to in subsection (2).



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