In the case of the child born out of marriage, consent must be given by both the mother and the natural (birth) father provided that he has acknowledged himself in writing to be the father of the child and has made his identity known on the child’s birth certificate. Where only one parent has given consent the commissioner will issue a notice to be served on the natural father within 14 days informing him or her of the consent that has been given and giving him or her the opportunity to also give or withhold consent.

The Children’s Court does not need to issue a notice of an intended adoption of a child born out of marriage if the commissioner is satisfied that the natural father:

• Deserted the child and/or no one knows where he is
• Did not acknowledge that he was the father of the child or has failed without good reason to carry out his parental duties with regard to the child
• Was in an incestuous relationship with the mother of the child and the child was conceived as a result of this
• Was convicted of the crime of rape or assault of the mother
• Was, after an inquiry by the Children’s Court following an allegation by the mother of the child, found on a balance of probabilities, to have raped or assaulted the mother.