Queensland Consolidated Acts

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ADOPTION OF CHILDREN ACT 1964 - SECT 25

25 Court may dispense with consents

(1) The Supreme Court or the Childrens Court may on the application of--

(a) the chief executive; or
(b) a married couple that has duly made and lodged with the chief executive an application to become adoptive parents of a child of whom each of them is either a parent or a relative; or
(c) a person who has duly made and lodged with the chief executive an application to become an adoptive parent of a child of whom the person is a relative;

by order, dispense with the consent of any person, other than the child where the child's consent is necessary, to the adoption of a child where the court is satisfied--

(d) that the person can not, after reasonable inquiry, be found; or
(e) that the person is in such a physical or mental condition as not to be capable of properly considering the question whether the person should give his or her consent; or
(f) that the person has abandoned, deserted or persistently neglected or ill-treated the child; or
(g) that the person has, for a period of not less than 1 year, failed, without reasonable cause, to discharge the obligations of a parent or guardian, as the case may be, of the child; or
(h) that the person has failed to reasonably plan for resumption of care of the child whereby integration of the child in the child's family is unlikely in the foreseeable future; or
(i) that there are any other special circumstances that in the court's opinion make it desirable that an order be made;

and is satisfied that the welfare and interests of the child will be promoted if the order is made.

(1A) Where an application is made to the court under subsection (1) by any person or persons other than the chief executive a copy of the application shall be served 21 days at the least before the date fixed for the hearing of the application on the chief executive who shall be entitled to intervene in and become a party to the proceedings.

(2) In order to facilitate the making of arrangements by the chief executive with a view to the adoption of a child, the court may, on the application of the chief executive, make an order under this section dispensing with the consent of a person whose consent is required to the adoption of the child, and any such order under this section has effect for the purposes of any adoption order that may subsequently be made under this Act.

(2A) Where an order is sought under this section before the chief executive has made an assessment of a person under section 13B that the chief executive considers necessary, the court may cause the chief executive to be notified that it is prepared to make the order sought subject to--

(a) the chief executive or tribunal making an assessment under section 13B of any person or persons to become an adoptive parent or adoptive parents of the child in question; and
(b) that assessment being favourable to the person or persons;

and refrain from making the order sought until such an assessment is made.

(3) An order made under subsection (2) may, on the application of the chief executive or the person whose consent was dispensed with, be revoked--

(a) in the case of an order made by the Supreme Court--by that court; or
(b) in the case of an order made by the Childrens Court--by that court or the Supreme Court;

at any time before the making of an adoption order in respect of the child to whom the court order relates.



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