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Consultations with relevant non-guardians of child
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13. The Principal Act is amended by the substitution of the following section for section 30:
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“30. (1) In this section ‘father’, in relation to a child, includes a person who believes himself to be the father of the child.
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(2) Subject to this section, on the receipt of an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that every relevant non-guardian of the child is consulted in relation to the adoption.
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(3) Where the Authority is satisfied that, having regard to—
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(a) the nature of the relationship between the relevant non-guardian of a child and the mother or guardian of the child, or
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(b) other than in a case where the relevant non-guardian of the child is a person referred to in paragraph (b), (c) or (d) of the definition of ‘relevant non-guardian’, the circumstances of the conception of the child,
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it would be inappropriate for the Authority to consult the relevant non- guardian in respect of the adoption of that child, the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting the relevant non-guardian concerned.
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(4) If the identity of the father referred to in paragraph (a) of the definition of ‘relevant non-guardian’ (in this section referred to as ‘that father’), is unknown to the Authority and the mother or guardian of the child will not or is unable to disclose the identity of that father, the Authority shall counsel the mother or guardian of the child, indicating—
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(a) that the adoption may be delayed,
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(b) the possibility of that father of the child contesting the adoption at some later date,
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(c) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of the child, and
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(d) such other matters as the Authority considers appropriate in the circumstances.
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(5) After counselling the mother or guardian of the child under subsection (4), the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting that father if—
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(a) the mother or guardian of the child either refuses to reveal the identity of that father of the child, or provides the Authority with a statutory declaration that he or she is unable to identify that father, and
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(b) the Authority has no other practical means of ascertaining the identity of that father.
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(6) The Child and Family Agency or an accredited body, at the Authority’s request, shall assist in carrying out the Authority’s functions under this section.
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(7) An application for approval under this section shall be heard in private.”.
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