New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 55

55 Consent of child

(cf AC Act ss 26 (4A), 33, 38 (2A))

(1) The Court must not make an adoption order in relation to a child who is 12 or more but less than 18 years of age and who is capable of giving consent unless--

(a) the child has been counselled as required by section 63, and

(b) the counsellor has certified that the child understands the effect of signing the instrument of consent (as required by section 61), and

(c) the child consents to his or her adoption by the prospective adoptive parent or parents or the Court dispenses with the requirement for consent.

Note : See Division 3 of Part 5.

(2) The Court may make an adoption order in relation to such a child who is incapable of giving consent if the Court is satisfied that the circumstances are exceptional and that it would be in the best interests of the child to make the order.