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Power to dispense with consent. 5.(1) The court may dispense with any consent required by section 4(1)(a) if it is satisfied that the person whose consent is to be dispensed with (a)has abandoned, neglected or persistently ill-treated the infant; or (b)cannot be found, or is incapable of giving his consent; or (c)has persistently failed without reasonable cause to discharge the obligations of a parent or guardian of the infant; or (d)is withholding his consent unreasonably; or (e)in any other case is a person whose consent ought in the opinion of the court to be dispensed with; (2) Where a person who has given his consent to the making of an adoption order without knowing the identity of the applicant, subsequently withdraws his consent on the ground only that he does not know the identity of the applicant, his consent shall be deemed for the purposes of this section to be unreasonably withheld. (3) The court may dispense with the consent of the spouse of an applicant for an adoption order if it is satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving his consent or that the spouses have separated and are living apart and that the separation is likely to be permanent.
© 1967 Crown Copyright
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