Victorian Consolidated Legislation

Adoption Act 1984 - SECT 37

Consent subject to conditions

37. Consent subject to conditions



(1) A consent by a parent to the adoption of a child in which the wish is
expressed under section 50 that the child be adopted within the Aboriginal
community may be made subject to a condition that that parent, and such
relatives of the child as are specified in the consent and members of the
Aboriginal community to which the child belongs have a right of access in
accordance with the prescribed terms to the child.

(2) Where the Secretary or the principal officer of an approved agency, as the
case may be, is unable to find a person or persons suitable to adopt a child
to whom a consent given subject to a condition under this section applies, the
Secretary or principal officer shall, by notice in writing in the prescribed
form, inform the parent by whom the consent was given of the inability and
that the parent may, within 28 days after the notice is given, by notice in
writing served on the Registrar of the County Court, vary the conditions or
may revoke the consent.

(3) After the expiration of the period of 28 days after a notice is given
under subsection (2), the Secretary or the principal officer may, unless the
condition has been varied or any consent given to the adoption of the child
has been revoked, make application to the Court for the revocation or
alteration of the conditions to which a consent is subject under this section.

(4) The Court may make such order as it thinks fit on an application under
subsection (3) where it is satisfied that the Secretary or the principal
officer has taken such steps as are reasonable in the circumstances to satisfy
the conditions to which the consent was subject and has received and
considered a report from an Aboriginal agency within the meaning of section
50.