Victorian Consolidated Legislation

Adoption Act 1984 - SECT 35

Requirements to be complied with

35. Requirements to be complied with



(1) The following requirements shall be complied with before a consent is
given by a person (other than a person to whom section 33(6) applies) for the
purposes of this Division-

   (a)  the person shall receive counselling from a person approved for the
        purpose by the Secretary or by the principal officer of an approved
        agency;

   (b)  not less than seven days or, where a shorter period is approved under
        subsection (2), before the commencement of that shorter period, before
        the consent is given, the person by whom that counselling was given
        shall give the person information in writing in the prescribed form
        about the effect of an adoption order, the alternatives to adoption
        and the names and addresses of organizations that provide family
        support services;

   (c)  notice in writing shall be given to the person that the person may, at
        any time make application subject to and in accordance with the
        Births, Deaths and Marriages Registration Act 1996 for a certified
        copy of, or extract from, the entry in the Register of Births relating
        to the child.

(2) Where a person referred to in section 34(2) is satisfied that there are
special circumstances why less than seven days notice should be given under
paragraph (b) of subsection (1), that person shall approve a time less than
seven days but not less than 24 hours as the period for the purposes of that
paragraph.

(3) A certificate signed by the Secretary or the principal officer of an
approved agency shall be proof in the absence of evidence to the contrary that
the requirements referred to in subsection (1) have been complied with.

(4) Where a consent is given in a place outside Victoria, the requirements
referred to in subsection (1) do not apply.