Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A consent to a
child’s adoption is not effective unless —
(a) the
consent is given at least 28 days after the child is born;
(b) the
consent is given at least 28 days after the person whose consent is
required receives the information and, if requested, the counselling mentioned
in clause 1 of Schedule 1;
(c) the
consent is in writing in a form that has been approved by the CEO;
(d) a
separate form of consent is signed by each person whose consent is required,
and witnessed in accordance with clause 2 of Schedule 1;
(da) in
the case of a proposed adoption by a step-parent of a child, the CEO has had
at least 30 days to comment on the provisions of a proposed adoption plan
prepared for the purposes of section 55(1); and
(e) the
form of consent is delivered to the CEO or, in the case of a proposed adoption
by a step-parent of the child, to the prospective adoptive parent.
(2) A consent is not
effective if it has been revoked during the revocation period.
(3) If the CEO’s
consent to a child’s adoption is required because the CEO is a guardian
of the child, subsection (1)(b) and clauses 1 and 3 of
Schedule 1 do not apply.
(4) A consent to a
child’s adoption given in another State or a Territory under the law of
the other State or the Territory is an effective consent for the purposes of
this Act.
(5) A consent is not
effective if —
(a) it
is obtained by fraud, duress or material inducement;
(b) a
material particular in the form of consent is altered without the authority of
the person who signed the form; or
(c) a
person purporting to give the consent is not, on the day on which the form of
consent is signed, physically or mentally capable of giving consent or
understanding the nature of a consent to adoption under this Act.
(6) A consent to a
child’s adoption is not rendered ineffective solely by reason of an
adoption order not being made on an application to adopt the child.
(7) The consent of a
child’s birth parent who has not reached 18 years of age to the
child’s adoption is not effective unless —
(a) a
parent or guardian of the birth parent; or
(b) in
the case where —
(i)
the child’s birth parents are lineal relatives; or
(ii)
there has been a breakdown in the relationship between
the birth parent and his or her parent or guardian,
the CEO,
agrees with the
proposed adoption of the child and provides an affidavit by way of evidence of
that agreement.
[Section 18 amended by No. 3 of 2002
s. 8; No. 8 of 2003 s. 16; No. 34 of 2004 s. 251.]
[ 19. Deleted by No. 8 of 2003 s. 17.]