Court Procedures Rules 2006

An application for a dispensing order must be made in the adoption proceeding in relation to which the dispensing order is sought.

Pt 6.2 (Applications in proceedings) applies to the application.

See approved form 3.31 (Application for dispensing with consent to adoption) AF2011-58.

The application must be supported by an affidavit setting out the circumstances claimed to justify making the dispensing order, including any circumstances mentioned in the Adoption Act, section 35 (1) (a) to (d) (Dispensing with consent).

The supporting affidavit must be made by—

the applicant for the dispensing order; or

for a joint application—each applicant jointly.

The application for a dispensing order must be made at the same time as the application for an adoption order unless the Adoption Act, section 35 (3) applies.