When can the Court dispense with the child’s consent?
69 When can the Court dispense with the child’s consent?
Child 12 or more but less than 18 years of age The Court may make a consent dispense order dispensing with the requirement for consent to his or her adoption to be given by a child who is 12 or more but less than 18 years of age if the Court is satisfied that the child 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.
An order under subsection (1) may be made on the Court’s own initiative or on application by any person.
Child 18 or more years of age The Court must not make a consent dispense order dispensing with the requirement for consent of a child who is 18 or more years of age in any circumstances.
The Court must not make a consent dispense order under this section on application of a person other than the Secretary unless not less than 14 days’ notice of the application has been given to the Secretary.
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