ADOPTION ACT 1984 - SECT 49 Putative father
ADOPTION ACT 1984 - SECT 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—
S. 49(1)(a) amended by No.
46/1998
s. 7(Sch. 1).
(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
S. 49(1)(b) amended by No.
46/1998
s. 7(Sch. 1).
(b) the Secretary or principal officer does know the name or address of such a man and—
(i) has complied with subsection (2); or
S. 49(1)(b)(ii) amended by No.
46/1998
s. 7(Sch. 1).
(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).
S. 49(2) amended by No.
46/1998
s. 7(Sch. 1).
(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for the adoption of the child shall be stayed until the proceedings to obtain the declaration are determined or withdrawn and, where a declaration of paternity is made, that man is an appropriate person for the purpose of section 33(1) notwithstanding that consents have been given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.