(ii) the requirements of section 35 were complied with; or (b) that there is not an appropriate person within the meaning of this section to give consent to the adoption. (2) In the case of a child whose parents were married to each other at the time of its birth or at or after the time of its conception but before its birth and who has not previously been adopted, the appropriate persons are every person who is the mother or the father of the child. (3) In the case of a child whose parents were not so married to each other and who has not previously been adopted, the appropriate persons are every person who is the mother of the child or a man— (a) whose name is entered in the entry relating to the child in a register of births (whether in Victoria or in a place outside Victoria) as the father of the child; (b) who is declared to be the father of the child S. 33(3)(b) amended by under a declaration of paternity in force No. 10244 under section 10 of the Status of Children s. 10. Act 1974, being a declaration a copy of which is filed under section 9(3) of that Act in the office of the Registrar; (c) against whom an order has been made S. 33(3)(c) amended by under section 10 or 12 of the Maintenance No. 10244 Act 1965 in respect of the child, being an s. 10. order a copy of which is filed in the office of the Registrar under section 9(3) of the Status of Children Act 1974; (d) who is named in an instrument filed in the S. 33(3)(d) amended by office of the Registrar under section 9(1) of No. 10244 the that Status of Children Act 1974 s. 10. acknowledges that he is the father of the child; or
(ii) the requirements of section 35 were complied with; or (b) that there is not an appropriate person within the meaning of this section to give consent to the adoption. (2) In the case of a child whose parents were married to each other at the time of its birth or at or after the time of its conception but before its birth and who has not previously been adopted, the appropriate persons are every person who is the mother or the father of the child. (3) In the case of a child whose parents were not so married to each other and who has not previously been adopted, the appropriate persons are every person who is the mother of the child or a man— (a) whose name is entered in the entry relating to the child in a register of births (whether in Victoria or in a place outside Victoria) as the father of the child; S. 33(3)(b) amended by No. 10244 s. 10. (b) who is declared to be the father of the child under a declaration of paternity in force under section 10 of the Status of Children Act 1974, being a declaration a copy of which is filed under section 9(3) of that Act in the office of the Registrar; S. 33(3)(c) amended by No. 10244 s. 10. (c) against whom an order has been made under section 10 or 12 of the Maintenance Act 1965 in respect of the child, being an order a copy of which is filed in the office of the Registrar under section 9(3) of the Status of Children Act 1974; S. 33(3)(d) amended by No. 10244 s. 10. (d) who is named in an instrument filed in the office of the Registrar under section 9(1) of the Status of Children Act 1974 that acknowledges that he is the father of the child; or
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