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ADOPTION ACT 1984 - SECT 37 Consent subject to conditions

ADOPTION ACT 1984 - SECT 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.

S. 37(2) amended by No. 46/1998

s. 7(Sch. 1).

    (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.

S. 37(3) amended by No. 46/1998

s. 7(Sch. 1).

    (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the principal officer may, unless the condition has been varied or any consent given to the adoption of the child has been revoked, make application to the Court for the revocation or alteration of the conditions to which a consent is subject under this section.

S. 37(4) amended by No. 46/1998

s. 7(Sch. 1).

    (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.