NSWIn ForceAct
Adoption Act 2000
69When can the Court dispense with the child’s consent?
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#### 69 When can the Court dispense with the child’s consent?
69 When can the Court dispense with the child’s consent?
(cf AC Act s 33)
> > (1) Child 12 or more but less than 18 years of age The Court may make a consent dispense order dispensing with the requirement for consent to his or her adoption to be given by a child who is 12 or more but less than 18 years of age if the Court is satisfied that the child is in such a physical or mental condition as not to be capable of properly considering the question of whether he or she should give consent.
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> > (2) An order under subsection (1) may be made on the Court’s own initiative or on application by any person.
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> > (3) Child 18 or more years of age The Court must not make a consent dispense order dispensing with the requirement for consent of a child who is 18 or more years of age in any circumstances.
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> > (4) The Court must not make a consent dispense order under this section on application of a person other than the Secretary unless not less than 14 days’ notice of the application has been given to the Secretary.