Victorian Consolidated Legislation

Adoption Act 1984 - SECT 49

Putative father

49. Putative father



(1) Where, in relation to the adoption of a child, the mother of the child is
the only appropriate person under section 33 to give consent to the adoption,
the Court shall not make an order for the adoption of the child unless it is
satisfied that-

   (a)  the Secretary or principal officer of the approved agency making the
        arrangements for the adoption does not know the name or address of a
        man who may on reasonable grounds be the father of the child; or

   (b)  the Secretary or principal officer does know the name or address of
        such a man and-

   (i)  has complied with subsection (2); or

   (ii) the Court, on the application of the Secretary or principal officer
        made within two business days after the mother gave consent, dispenses
        with the requirement to comply with subsection (2).

(2) Where, under subsection (1), the Secretary or the principal officer of an
approved agency is required to comply with this subsection because the
Secretary or principal officer knows the name or address of a man whom the
Secretary or principal officer believes on reasonable grounds may be the
father of a child, the Secretary or principal officer shall, within the period
of two business days after the mother of the child gave consent to the
adoption of the child send to that man by certified mail notice to the effect
that the Secretary or principal officer believes the man may be the father and
that, unless the father commences proceedings to obtain a declaration of
paternity before the end of the period during which the consent of the mother
may be revoked, the consent of the father to the adoption of the child will
not be required.

(3) Where a man commences, before the end of the period during which the
consent of the mother of the child may be revoked, proceedings to obtain a
declaration of paternity of the child under section 10 of the
Status of Children Act 1974 any proceedings for the adoption of the child
shall be stayed until the proceedings to obtain the declaration are determined
or withdrawn and, where a declaration of paternity is made, that man is an
appropriate person for the purpose of section 33(1) notwithstanding that
consents have been given by all other appropriate persons and the period
during which such consents might be revoked has expired.