34Defective consents

34 Defective consents (1) The court may refuse to make an adoption order if it appears to the court that— (a) any required consent was— (i) not given in accordance with this Act; or (ii) obtained by fraud, duress or other improper means; or (b) an instrument of consent has been altered in a material particular without the authority of the person who gave the consent; or (c) when an instrument of consent was signed, the person who gave or purported to give the consent was not in a fit condition to give the consent or did not understand the nature of the consent. (2) An adoption order must not be made under an instrument of consent signed by the mother of the child before the birth of the child. (3) An adoption order must not be made under an instrument of consent signed by the mother of the child before the end of 28 days after the day on which the child was born unless— (a) the court is of the opinion that there are circumstances that justify the instrument being treated as an effective consent; or (b) the consent— (i) was given in accordance with a law of a State or another Territory; and (ii) is, because of section 33, an effective consent for this Act.