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Adoption Act 1993
26Consents of parents and guardians
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26 Consents of parents and guardians
(1) 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—
(a) if the child or young person has not previously been adopted—
(i) each parent of the child or young person; and
(ii) each guardian of the child or young person; or
(b) if the child or young person has previously been adopted—
(i) each adoptive parent of the child or young person; and
(ii) each guardian of the child or young person.
(2) 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.
(3) Consent of a person is not required if the court is satisfied that the
person is dead.