33Consents required to adoptions

33 Consents required to adoptions (1) Subject to this Division, the Court shall not make an order for the adoption of a child unless the Court is satisfied— (a) that— (i) consent (not being a consent that has been revoked) to the adoption has been given in accordance with this Division by the appropriate person or persons ascertained in accordance with this section; and (ii) the requirements of section 35 were complied with; or (b) that there is not an appropriate person within the meaning of this section to give consent to the adoption. (2) In the case of a child whose parents were married to each other at the time of its birth or at or after the time of its conception but before its birth and who has not previously been adopted, the appropriate persons are every person who is the mother or the father of the child. (3) In the case of a child whose parents were not so married to each other and who has not previously been adopted, the appropriate persons are every person who is the mother of the child or a man— (a) whose name is entered in the entry relating to the child in a register of births (whether in Victoria or in a place outside Victoria) as the father of the child; S. 33(3)(b) amended by No. 10244 s. 10. (b) who is declared to be the father of the child under a declaration of paternity in force under section 10 of the **Status of Children Act 1974**, being a declaration a copy of which is filed under section 9(3) of that Act in the office of the Registrar; S. 33(3)(c) amended by No. 10244 s. 10. (c) against whom an order has been made under section 10 or 12 of the **Maintenance Act 1965** in respect of the child, being an order a copy of which is filed in the office of the Registrar under section 9(3) of the **Status of Children Act 1974**; S. 33(3)(d) amended by No. 10244 s. 10. (d) who is named in an instrument filed in the office of the Registrar under section 9(1) of the **Status of Children Act 1974** that acknowledges that he is the father of the child; or S. 33(3)(e) amended by No. 46/1998 (e) who has lodged with the Secretary or with the approved agency by which the arrangements for the adoption are being made evidence that— (i) an order has been made outside Victoria that, under section 8(5) of the **Status of Children Act 1974** is prima facie evidence that he is the father of the child; (ii) he is, or has at any time, been liable, under an order of the Family Court of Australia for the maintenance of the child; or (iii) he has at any time, under an order of the Family Court of Australia, been granted access to or custody or guardianship of the child. (4) Where there is evidence that a man is not the father of a child, that man is not, by reason only of paragraph (e) of subsection (3), an appropriate person for the purposes of that subsection in the case of that child. (5) In the case of a child who has previously been adopted, the appropriate persons are every person who is an adoptive parent of the child. (6) In the case of a child who is a non-citizen child, the appropriate person is the person who, under the Immigration (Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being, is the guardian of the child or, where that guardian has under that Act, delegated his powers and functions as guardian to another person, that other person. (7) This section does not apply in the case of a child who has attained the age of eighteen years before the making of the adoption order.