39Notice of intention to apply

39 Notice of intention to apply (1) If a person or persons mentioned in section 38 intend to apply for an order for the adoption of the child, the person or persons must give the Minister not less than 21 days written notice of the intention to make the application. (2) On receipt of the notice mentioned in subsection (1), the Minister must, as soon as practicable but not later than 7 days after receipt of the notice, give written notice of the intention to make the application for the order for adoption to each person: (a) whose consent to the adoption is required under Division 4 (whether or not the person has given consent), unless the person has previously advised the Minister in writing that the person does not wish to receive notice of the intention to make the application; and (b) whose name and address is known or may reasonably be ascertained by the Minister; and each person who receives notice from the Minister may, within 7 days of receipt of the notice, advise the Minister, together with the person's full name and an address for service, whether the person wishes to be a party to the adoption proceedings. (3) The Minister must, as soon as practicable but not later than 7 days after receipt of the advice mentioned in subsection (2), advise in writing the person or persons intending to apply for an order for adoption of the name and address for service of each person who wishes to be a party to the adoption proceedings. (4) The Court may, upon application, dispense with the giving of a notice by the Minister under subsection (2) where it considers it reasonable to do so.

Part 3 Adoptions under this Act Division 6 Adoption orders Adoption of Children Act 1994 21 (5) If it appears to the Court to be necessary, the Court may direct that notice of an application for an adoption order be given to a person other than a person mentioned in subsection (2).