Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) On application, the court may, by order, dispense with the requirement for consent of a person to the adoption of a child if the court is satisfied that—
(a) the person cannot, after reasonable inquiry, be identified or located; or
(b) the physical or mental condition of the person is such that he or she is not capable of considering properly the question whether consent should be given; or
(c) the person has abandoned or
deserted, or has neglected or
ill-treated, the child; or
(d) the person has, for a period of not less than 1 year, failed, without reasonable excuse, to discharge the obligations of a parent or guardian, as the case may be, of the child; or
(e) there are any other circumstances that justify the requirement for the consent being dispensed with.
Note See approved form 3.31 (Application for dispensing with consent to adoption), approved under the Court Procedures Act 2004 , s 8.
(2) On an application for an order under subsection (1), the court may require the chief executive to investigate the matter and to provide a written report to the court.
(3) To facilitate the making of arrangements for the adoption of a child, on the application of the chief executive or the principal officer of a private adoption agency, the court may make an order under subsection (1) before an application for an adoption order has been made, and the first order has effect for the purpose of any subsequent application for an adoption order.
(4) On the application of the chief executive or of the person the requirement for whose consent was dispensed with, the court may revoke an order made because of subsection (3) at any time before making an adoption order.