Adoption Act 1993

Subject to this division, an adoption order must not be made for a child or young person unless consent to the adoption has been given by—

if the child or young person has not previously been adopted—

each parent of the child or young person; and

each guardian of the child or young person; or

if the child or young person has previously been adopted—

each adoptive parent of the child or young person; and

each guardian of the child or young person.

A reference in subsection (1) (a) (i) to a parent of a child or young person does not include a reference to the father of the child or young person unless he is presumed to be the father under the Parentage Act 2004.

Consent of a person is not required if the court is satisfied that the person is dead.