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ADOPTION ACT 1993 - SECT 75 Application to court in absence of consent

ADOPTION ACT 1993 - SECT 75

Application to court in absence of consent

    (1)     If—

        (a)     a person would, under this division, be entitled to identifying information with the approval in writing of another person; and

        (b)     that other person has refused to give that approval;

the first person may apply to the court for an order under subsection (3).

    (2)     On an application under subsection (1), the court may request the director-general to investigate the matter and to provide a written report to the court.

    (3)     The court may, if of the opinion that there are circumstances that justify the order, make an order declaring that the applicant is entitled to access to, and to apply for, the identifying information specified in the order.

    (4)     If the court makes an order under subsection (3), the applicant for the order is, for section 62, taken to be entitled to access to, and to apply for, identifying information of the kind stated in the order.