ADOPTION ACT 1984 - SECT 43 Court may dispense with consents

ADOPTION ACT 1984 - SECT 43

    (1)     The Court may dispense with the consent of a person (other than a guardian under section 33(6)) to the adoption of a child where the Court is satisfied—

        (a)     that the person cannot, after reasonable inquiry, be found;

        (b)     on evidence given in accordance with subsection (3) that the person is, and is unlikely to cease to be, in such a physical or mental condition as not to be capable of properly considering the question whether the person should give consent;

S. 43(1)(c) amended by No. 20/2022 s. 54(a).

        (c)     that the person has abandoned the child;

S. 43(1)(d) repealed by No. 20/2022 s. 54(b).

    *     *     *     *     *

S. 43(1)(e) amended by No. 72/1997

s. 13(c).

        (e)     that the person has, for a period of not less than one year, failed, without reasonable cause, to discharge the obligations of a parent of the child;

        (f)     that the person has such a physical or mental disability or is otherwise so impaired that the person would be unable to meet the needs of the child;

        (g)     that for any reason the child is unlikely to be accepted into, or to accept, a family relationship with the person; or

        (h)     that there are any other special circumstances by reason of which, in the interests of the welfare of the child, the consent may properly be dispensed with.

S. 43(2) amended by No. 46/1998

s. 7(Sch. 1).

    (2)     For the purposes of paragraph (a) of subsection (1), where, for the purposes of obtaining the consent of a person to the adoption of a child, the Court is satisfied that—

        (a)     a letter seeking that consent has been sent by certified mail addressed to that person;

S. 43(2)(b) amended by No. 46/1998

s. 7(Sch. 1).

        (b)     a letter seeking that consent has been sent by certified mail addressed to that person at the address of such other person (if any) as the Secretary or principal officer of an approved agency believes may know where the first-mentioned person may be found;

S. 43(2)(c) amended by No. 46/1998

s. 7(Sch. 1).

        (c)     the Secretary or principal officer of an approved agency is satisfied that the address of that person cannot be found on a roll of electors under the Commonwealth Electoral Act 1918 of the Commonwealth as amended and in force for the time being;

        (d)     notice to the person that consent of the person is sought has been published in a newspaper circulating generally in the area where the last known place of residence of the person is situated; and

        (e)     enquiries have been made of such persons, bodies, agencies and government departments as might reasonably be expected to have known where that person may be found—

and the Court is satisfied that the Secretary or principal officer has been unable to find that person and that such other enquiries as the Court may determine have been made, the Court shall determine that reasonable inquiry has been made for that person and that the person cannot be found.

S. 43(3) amended by Nos 69/1989 s. 11(1)(b), 23/1994 s. 118(Sch. 1 item 2.1), 97/2005 s. 182(Sch. 4 item 2.1), 13/2010 s. 51(Sch. item 3.1).

    (3)     For the purposes of paragraph (b) of subsection (1), the evidence required is a certificate signed by not less than two medical practitioners registered under the Health Practitioner Regulation National Law certifying as to the matters referred to in that paragraph.

S. 43(4) amended by No. 46/1998

s. 7(Sch. 1).

    (4)     In order to facilitate the making of arrangements with a view to the adoption of a child, the Court may, on application by or on behalf of the Secretary or the principal officer of an approved agency, make an order under this section dispensing with the consent of a person whose consent is required to the adoption of the child before an application for an adoption order has been made in respect of the child or before proposed adoptive parents have been selected for the child, and any order under this section may have effect for the purposes of any application for an adoption order that may subsequently be made by any person under this Act.

S. 43(5) amended by No. 46/1998

s. 7(Sch. 1).

    (5)     An order under subsection (4) may, on application by or on behalf of the Secretary, the principal officer of an approved agency or the person whose consent was dispensed with, be revoked by the Court at any time before the making of an adoption order in respect of the child.