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Contents (2000 - 75)
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Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 20 September 2017 at 06:34)
67   When can Court dispense with consent of person other than the child?
(cf AC s 32 (1))
(1)  The Court may make a consent dispense order dispensing with the requirement for consent of a person to a child’s adoption (other than the child) if the Court is satisfied that:
(a)  the person cannot, after reasonable inquiry, be found or identified, or
(b)  the person is in such a physical or mental condition as not to be capable of properly considering the question of whether he or she should give consent, or
(c)  if the person is a parent of, or person who has parental responsibility for, the child—there is serious cause for concern for the welfare of the child and it is in the best interests of the child to override the wishes of the parent or person who has parental responsibility, or
(d)  if an application has been made to the Court for the adoption of the child by one or more persons who are authorised carers for the child:
(i)  the child has established a stable relationship with those carers, and
(ii)  the adoption of the child by those carers will promote the child’s welfare, and
(iii)  in the case of an Aboriginal child, alternatives to placement for adoption have been considered in accordance with section 36.
(2)  The Court must not make such a consent dispense order unless satisfied that to do so is in the best interests of the child.