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Adoption Act 1993
35Dispensing with consent
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35 Dispensing with consent
(1) On application, the court may, by order, dispense with the
requirement for consent of a person to the adoption of a child or
young person if the court is satisfied that—
(a) either—
(i) the person cannot, after reasonable inquiry, be identified or
located; or
(ii) the person’s identity cannot be established; or
(b) the person is not able to make a fully informed decision in
relation to the consent despite receiving adequate and
appropriate support to make the decision to the best of their
ability; or
(c) it is necessary in the best interests of the child or young person
to dispense with the requirement for consent of the person.
(2) On an application for an order under subsection (1), the court may
require the director-general to do one or both of the following:
(a) investigate a matter;
(b) make an assessment of the best interests of the child or young
Note See s 5 and s 6 for the matters that must be taken into account by a
(3) The director-general must give the court a written report detailing the
conclusion of an investigation or assessment made under
subsection (2).