Adoption Act, 1974

Power to make adoption order in the absence of consent.

3.—(1) In any case where a person has applied for an adoption order relating to a child and any person whose consent to the making of an adoption order relating to the child is necessary and who has agreed to the placing of the child for adoption either—

(a) fails, neglects or refuses to give his consent, or

(b) withdraws a consent already given,

the applicant for the adoption order may apply to the High Court for an order under this section.

(2) The High Court, if it is satisfied that it is in the best interests of the child so to do, may make an order under this section—

(a) giving custody of the child to the applicant for such period as the Court may determine, and

(b) authorising the Board to dispense with the consent of the other person referred to in subsection (1) of this section to the making of an adoption order in favour of the applicant during the period aforesaid.

(3) The consent of a ward of court shall not be dispensed with by virtue of a High Court order under this section except with the sanction of the Court.