Cap. 16 Art. 117Power to dispense with consent.

(1) The court may dispense with any consent or with any hearing required by article 115 if it is satisfied -

(a) in the case of a dispensation with any such consent, that:

(i) the person who is required to give his consent is incapable of giving such consent; or

(ii) the parent cannot be found or has abandoned, neglected or persistently ill-treated, or has persistently either neglected or refused to contribute to the maintenance of the person to be adopted or had demanded or attempted to obtain any payment or other reward for or in consideration of the grant of the consent required in connection with the adoption; or

(iii) either of the parents are unreasonably withholding their consent; or

(iv) either of the parents may be deprived of parental authority over the child to be adopted in accordance with article 154(1); or

(v) the child to be adopted is not in the care and custody of either of the parents and the Adoption Board declares that there is no reasonable hope that the child may be reunited with his mother and, or father; or

(vi) the parent or parents have unjustifiably, not had contact with the child to be adopted for at least eighteen months; or

(vii) it is in the best interests of the child to be adopted for such consent to be dispensed with; or

(b) in the case of a dispensation with any such hearing, that the person who is required to be heard cannot be found or is incapable of expressing his views; or

(c) that in view of special and exceptional reasons and taking into account the interests of all persons concerned, it is proper for it to dispense with any such hearing and consent.

(2) The court may dispense with the consent of the spouse of an applicant for an adoption decree if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving the consent, or that the spouses have separated and are living apart and that the separation is likely to be permanent.

(3) The consent of any person in accordance with the provisions of paragraph of sub-article (3) of article 115 to the (a) making of an adoption decree in pursuance of an application may be given (subject to conditions with respect to the religious persuasion in which the person to be adopted is to be brought up) without knowing the identity of the applicant for the decree.

(4) The Court may dispense with any consent or hearing required for adoption following a request by a children’s advocate on behalf of a child who has attained eleven years of age and who would like to be adopted.