43Court may dispense with consents

43 Court may dispense with consents

(1) The Court may dispense with the consent of a person (other than a guardian under section 33(6)) to the adoption of a child where the Court is satisfied—

(a) that the person cannot, after reasonable inquiry, be found;

(b) on evidence given in accordance with subsection (3) that the person is, and is unlikely to cease to be, in such a physical or mental condition as not to be capable of properly considering the question whether the person should give consent;

S. 43(1)(c) amended by No. 20/2022 s. 54(a).

(c) that the person has abandoned the child;

S. 43(1)(d) repealed by No. 20/2022 s. 54(b).

S. 43(1)(e) amended by No. 72/1997
s. 13(c).

(e) that the person has, for a period of not less than one year, failed, without reasonable cause, to discharge the obligations of a parent of the child;

(f) that the person has such a physical or mental disability or is otherwise so impaired that the person would be unable to meet the needs of the child;

(g) that for any reason the child is unlikely to be accepted into, or to accept, a family relationship with the person; or

(h) that there are any other special circumstances by reason of which, in the interests of the welfare of the child, the consent may properly be dispensed with.

S. 43(2) amended by No. 46/1998

(2) For the purposes of paragraph (a) of subsection (1), where, for the purposes of obtaining the consent of a person to the adoption of a child, the Court is satisfied that—

(a) a letter seeking that consent has been sent by certified mail addressed to that person;

S. 43(2)(b) amended by No. 46/1998

(b) a letter seeking that consent has been sent by certified mail addressed to that person at the address of such other person (if any) as the Secretary or principal officer of an approved agency believes may know where the first-mentioned person may be found;

S. 43(2)(c) amended by No. 46/1998

(c) the Secretary or principal officer of an approved agency is satisfied that the address of that person cannot be found on a roll of electors under the Commonwealth Electoral Act 1918 of the Commonwealth as amended and in force for the time being;

(d) notice to the person that consent of the person is sought has been published in a newspaper circulating generally in the area where the last known place of residence of the person is situated; and

(e) enquiries have been made of such persons, bodies, agencies and government departments as might reasonably be expected to have known where that person may be found—