Section 17 of the Adoption of Children Act (Chapter 275) gives a parent a short period to change their mind.
A consent to the adoption of a child given by a person other than the child may be revoked by written notice served on the Registrar of the Court before —
(a) the expiration of 30 days from the date on which the instrument of consent was signed; or
(b) the day on which an order for the adoption of the child is made,
whichever is the earlier — but may not otherwise be revoked.
Whichever is the earlier
| Scenario | Revocation possible until |
|---|---|
| No adoption order made within 30 days | 30 days from signing |
| An adoption order is made on day 12 | Day 12 — the order ends the right |
| An adoption order is made on day 40 | Day 30 — the consent had already become irrevocable |
Those five words are the whole point. Outside the window there is no right of revocation — not on a change of circumstances, not on second thoughts, not because the child has not yet been placed.
The reason is the child. Prospective adopters, and the Director as guardian under section 23, must be able to make arrangements on a footing that will not be pulled away. An indefinitely revocable consent would leave every placement provisional.
The period runs from the date the instrument of consent was signed. A separate protection governs when a mother may sign at all:
- Section 20(2) — the Court shall not make an adoption order in reliance on an instrument of consent signed by the mother before the birth of the child;
- Section 20(3) — nor on one signed on, or within seven days after, the day the child was born, unless it is proved that the mother was then in a fit condition to give the consent.
So the earliest a consent will ordinarily be effective is seven days after the birth, and the 30 days runs from signature after that.
Sections 17(2) and (3) — the mechanics
Service of a notice on the Registrar shall be effected —
(a) by delivering it to him personally; or
(b) by sending it to him by post at the address of the Registry of the Court.
On receipt of a notice, the Registrar shall immediately notify the Director of the receipt of the notice.
It must be in writing. A telephone call or a change of mind expressed to a social worker is not a revocation.
It goes to the Registrar of the National Court — not to the Director, not to the adopters, not to a hospital or welfare office. Section 17(3) then makes the Registrar tell the Director.
Post is expressly permitted. Paragraph (b) matters for a parent far from a National Court registry. But the notice must be served within the window, so posting late in the period is risky.
What revocation does
Section 15(1)(a) requires a consent “not being a consent that has been revoked in accordance with this Act”. A revoked consent is no consent at all.
The application then cannot proceed unless the Court dispenses with the consent under section 21 — which requires one of five specified grounds, such as that the person cannot be found, has abandoned or persistently neglected the child, or has for at least a year failed without reasonable cause to discharge a parent’s obligations.
Revocation also affects section 23. The Director’s guardianship of a child awaiting adoption depends on every required consent having been given as a general consent or dispensed with; a revocation removes that foundation.
Section 17(1) applies to a consent given by a person other than the child. The consent of a child of 12 or over under section 22 is not within section 17.
Once the order is made, revocation is impossible — paragraph (b) closes the window on that day.
The only remedy is discharge under section 13, and it is narrow: only the Director or the Attorney-General may apply, the ground must be that the order or a consent was obtained by fraud, duress or other improper means or that there is some other exceptional reason, and the Court shall not discharge the order if doing so would be prejudicial to the welfare and interests of the child.
A consent obtained by improper pressure may also be an offence: section 49 creates the offence of undue influence. See the adoption offences.
Sources
- Adoption of Children Act (Chapter 275) — ss 13, 15–23, 49
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.