ADOPTION ACT 1993 - SECT 41 Amendment of adoption condition

ADOPTION ACT 1993 - SECT 41

    (1)     If the court is of the opinion that the best interests of an adopted child or young person would be best served by a condition referred to in section 40 to which the adoption order is subject being amended, the court must, on application by an adoptive parent, a birth parent who consented to the adoption or by or on behalf of the adopted child or young person, by order amend the condition.

    (2)     An application under subsection (1) must be accompanied by a report from the director-general.

    (3)     An amendment of a condition must not grant to a person greater rights of access to an adopted child or young person unless the adoptive parents agree and the court is satisfied that, so far as practicable, the wishes and feelings of the child or young person have been ascertained and due consideration given to them having regard to the age and understanding of the child or young person.

    (4)     For subsection (3) the court may inform itself in any way it thinks fit.