Adoption Act 2010

26

Consents to adoption orders.

26.— (1) The Authority shall not make an adoption order without the consent of every person, being the child’s mother or guardian or other person having charge of or control over the child, unless the Authority dispenses with the consent—

(a) with the sanction of the High Court if the person whose consent is necessary is a ward of court,

(b) in accordance with an authorisation of the High Court by order under this section, if—

(i) the person whose consent is necessary is not a ward of court, and

(ii) the High Court is satisfied that the person is incapable by reason of mental infirmity of giving consent or cannot be found,

(c) in accordance with an authorisation of the High Court by order under section 31 in a case to which that section applies, or

(d) in accordance with an authorisation of the High Court by order under section 54 in a case to which that section applies.

(2) A person may give consent to the making of an adoption order without knowing the identity of the applicant for the order.

(3) A consent shall be given in writing in the prescribed form.

(4) A consent may be withdrawn at any time before the making of an adoption order.

Annotations

Editorial Notes:

E24

Power pursuant to subs. (3) exercised (27.11.2017) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2017 (S.I. No. 535 of 2017), in effect as per reg. 2.

E25

Previous affecting provision: forms prescribed for purposes of section (2.11.2010) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2010 (S.I. No. 519 of 2010), reg. 3 and sch., in effect as per reg. 2; revoked (27.11.2017) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2017 (S.I. No. 535 of 2017), reg. 4, in effect as per reg. 2.