[Rev. 2012]
Children
CAP. 141
159. Power to dispense with consent
(1) The court may dispense with any consent required under paragraphs (a),
(b), and (c) of subsection (4) of section 158 if it is satisfied that—
(a) in the case of the parents or guardian of the child, that he has
abandoned, neglected, persistently failed to maintain or persistently
ill-treated the child:
(b)
(c)
Provided that—
(i) abandonment may be presumed if the child appears to have
been abandoned at birth or if the person or institution having
care and possession of the child has neither seen nor heard
from a parent or guardian of the child for a period of at least
six months;
(ii) persistent failure to maintain may be presumed where despite
demands made, no parent or guardian has contributed to the
maintenance of the infant for a period of at least six consecutive
months and such failure is not due to indulgence;
in the case of a person liable by virtue of an order or agreement to
contribute to the maintenance of the child, that he has persistently
neglected or refuses to so contribute;
in any case, except in respect of the consents required under
paragraphs (e) and (f) of subsection (4) of section 158 that the person
whose consent is required cannot be found or is incapable of giving
his consent or that his consent has been unreasonably withheld.
(2) The court may dispense with the consent of the spouse of the applicant
for an adoption order if satisfied that the person whose consent is to be dispensed
with, cannot be found or is incapable of giving consent, or that the spouses have
separated or divorced and are living apart and that such separation is likely to be
permanent.
(3) The consent of any person to the making of an adoption order in pursuance
of an application may be given (either unconditionally or subject to conditions with
respect to the religious persuasion in which the infant is to be brought up) without
knowing the identity of the applicant for the order; and where the consent so given
by any person is subsequently withdrawn on the grounds only that he does not
know the identity of the applicant, his consent shall be deemed for the purposes of
this section to have been unreasonably withheld.
(4) In considering whether or not to dispense with the consent of any person to
the making of an adoption order, or whether to grant leave or refuse leave under
the provisions of subsections (1) and (2) of this section, the court shall regard
the interests of the child as paramount and subject thereto, shall consider firstly
the interests of the parents, guardians or relatives of the child and secondly the
interests of the applicants.
(5) Any person’s consent to the making of an adoption order, may be withdrawn
prior to the filing of the application without the leave of the court and with the leave
of the court any time after the filing of the application for the adoption order but
prior to the making of the order:
Provided that the court may at the request of the person withdrawing the consent
keep his name and identity confidential.
C15 - 73
[Issue 1]
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