Western Australian Consolidated Acts

ADOPTION ACT 1994 - SECT 59

59 .         Notice where birth parent deceased or cannot be found

        (1)         Where — 

            (a)         a child’s birth parent — 

                  (i)         has died without signing a form of consent to the child’s adoption; or

                  (ii)         has died after signing a form of consent to the child’s adoption and before an adoption order is made in relation to the child;

                or

            (b)         the requirement for a birth parent’s consent to his or her child’s adoption has been dispensed with on the ground that the birth parent cannot be found or contacted,

                a person is not to file an application for an adoption order in relation to the child unless at least 30 days before the application is filed, the person gives the notice required by subsection (2).

        (2)         Notice of the intention to file an application for an adoption order in relation to the child is to be given to a person who is the first in order of priority of the following relatives of the child’s birth parent to whom subsection (1) applies ( the birth parent ) and who has attained the age of 18 years and is reasonably available at the relevant time — 

            (a)         a birth parent of the birth parent or, if the birth parent’s birth parent was an adoptee, an adoptive parent of the birth parent;

            (b)         a brother or sister of the birth parent whether of the whole or half blood; or

            (c)         an uncle or aunt of the birth parent,

                in a written notice delivered personally or by registered post to that relative’s last known address.

        [Section 59 amended by No. 41 of 1997 s. 28; No. 8 of 2003 s. 32.]