Adoption Act 1993
35Dispensing with consent
Start here
Get a plain-English read of 35
Turn the raw legal text into a practical explanation grounded in Adoption Act 1993.
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).