28Birth parent to be given opportunity to consent

28 Birth parent to be given opportunity to consent (1) In the case of the adoption of a child who has not been adopted before and who was born outside the marriage or the traditional Aboriginal marriage of the child's birth parents and only one birth parent consents to the adoption of the child, where the Minister knows or, after making reasonable inquiry, ascertains the name and last-known address of a person who the Minister reasonably believes to be the other birth parent of the child, the Minister must, by certified mail within 14 days after the first-mentioned birth parent gives consent to the adoption, send to the other birth parent written advice of the first-mentioned birth parent's consent to the adoption of the child. (2) A birth parent to whom the Minister sends written advice under subsection (1) may, within 7 days after receiving the advice, give notice to the Minister that the birth parent intends to take steps to establish the birth parent's parenthood of the child in accordance with the Status of Children Act 1978. (3) The birth parent mentioned in subsection (2) must, within one month after the giving of notice to the Minister under that subsection: (a) establish the birth parent's parenthood of the child; or (b) commence proceedings to establish the birth parent's parenthood of the child under the Status of Children Act 1978. (3A) If the birth parent mentioned in subsection (2) does not comply with subsection (3), the birth parent's consent to the adoption is not required. (4) If the birth parent mentioned in subsection (2) establishes the birth parent's parenthood of the child, the birth parent's consent to the adoption of the child is required in accordance with this Division. (5) On application by the Minister within 7 days after receiving the consent of the first-mentioned birth parent mentioned in subsection (1), the Court may, if it is satisfied that sufficient grounds exist, order that the Minister is not required to comply with subsection (1) and accordingly the Minister must not comply with that subsection. Part 3 Adoptions under this Act Division 4 Consents to adoptions Adoption of Children Act 1994 15 29 Consent for adoption of non-citizen child (1) Where an application is made for the adoption of a non-citizen child: (a) this Division does not apply in relation to the giving of consent to the adoption of the non-citizen child by a parent or a guardian of the non-citizen child; and (b) the Court must satisfy itself that the Minister consents to the application for the adoption of the non-citizen child before making the order for the adoption. (2) The Minister's consent referred to in subsection (1) shall be accompanied by a written declaration, signed by the Minister, that the Minister believes on reasonable grounds: (a) that each parent or guardian of the non-citizen child: (i) has, before the child commenced the journey to Australia, given consent in accordance with the law of the place of residence of the parent or guardian of the child to the adoption of the child and has not revoked the consent; or (ii) is dead or cannot, after reasonable inquiry, be found; or (b) that circumstances exist by reason of which the consent of a parent or guardian, if required under this Act, may be dispensed with.