Western Australian Consolidated Acts

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ADOPTION ACT 1994 - SECT 69

69 .         Adoption orders in relation to adults

        (1)         The Court may make an adoption order in relation to a person who is 18 or more years of age if it is satisfied that — 

            (a)         the prospective adoptee and each prospective adoptive parent — 

                  (i)         have received the information and, if requested, the counselling mentioned in clause 1 of Schedule 1 on the matters relevant to those parties; and

                  (ii)         consent to the proposed adoption;

            (b)         the welfare and interest of the prospective adoptee will be promoted by the proposed adoption; and

            (c)         notices required by subsection (4) have been given or the application is in accordance with an order under subsection (6).

        (2)         The Court may request from the CEO a written report in relation to the proposed adoption.

        (3)         On receipt of a request under subsection (2), the CEO is to appoint a person who the CEO thinks is suitably qualified, to prepare the report.

        (4)         A person is not to file an application for an adoption order in relation to an adult unless at least 30 days before the application is filed, the person gives notice of the intention to file the application to each of the prospective adoptee’s birth parents in a written notice delivered personally or by registered post to the respective birth parent’s last known address.

        (5)         A person intending to file an application for an adoption order in relation to an adult may apply to the Court for orders in relation to a requirement to give notice under subsection (4).

        (6)         On an application under subsection (5) the Court may, on such terms and conditions as it thinks fit —

            (a)         vary the time for giving the notice; or

            (b)         dispense wholly or partly with a requirement to give the notice.

        [Section 69 amended by No. 8 of 2003 s. 38; No. 34 of 2004 s. 251.]



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