(2) The court may dispense with the consent if the parents are
incapable of giving it.
(3) While an application for an adoption order is pending in the court,
a parent who has given his or her consent to the adoption is not entitled,
except with the leave of the court, to remove the child from the care and
custody of the applicant.
(4) The court may refuse to grant leave to remove the child from the
care and custody of the applicant under subsection (3) if it considers it
significantly harmful to the welfare of the child.
(5) If in the view of the court a child is able to understand the
adoption proceedings, then his or her views shall be taken into consideration.
(6) If the child is at least fourteen years of age, his or her consent to
the adoption must be obtained unless it is impossible for him or her to
express his or her wishes.
(7) Where it appears to the court that any person who is not the
parent of the child has any rights or obligations in respect of the child under
any order of the court or agreement or under customary law or otherwise, the
court may require the consent of that person before the adoption order is
made.
(8) The court may also request a probation and social welfare officer
to prepare a report to assist it to determine whether any person who is not a
parent of the child has any rights or obligations in respect of the child and
whether that person’s consent ought to be obtained before the making of the
adoption order.
48.
Functions of the court.
(1)
that—
(a)
(b)
The court shall, before making an adoption order, be satisfied
every person whose consent is required and is not dispensed with
has consented and understands the nature and effects of the
adoption, namely, that it will permanently deprive that person of
parental rights over the adopted child;
the order if made will be for the welfare of the child, due
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