New South Wales Consolidated Acts

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ADOPTION ACT 2000 - SECT 67

When can Court dispense with consent of person other than the child?

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 or the guardians for the child--
(i) the child has established a stable relationship with those carers or guardians, and
(ii) the adoption of the child by those carers or guardians 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.
(3) In this section--

"guardian" has the same meaning as in section 79A (1) of the Children and Young Persons (Care and Protection) Act 1998 .



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