Victorian Consolidated Legislation

Adoption Act 1984 - SECT 36

Consent by guardian under section 33(6)

36. Consent by guardian under section 33(6)

A consent by a person who is a guardian, or the delegate of a guardian, of a
non-citizen child to whom section 33(6) applies is given in accordance with
this Division where the person has signed the prescribed form of consent and a
declaration that the person believes on reasonable grounds that-

   (a)  each of the parents of the non-citizen child-

   (i)  has given consent, in accordance with the law of the place of
        residence of that parent or of the non-citizen child immediately
        before the non-citizen child began the journey to Australia, to the
        adoption of the non-citizen child and has not revoked that consent; or

   (ii) is dead or cannot after reasonable inquiry be found; or

   (b)  circumstances exist by reason of which the consent of a parent could
        be dispensed with if the consent of the parent were required under
        this Act.