Whose consent must I obtain in order to adopt a child and what happens if I cannot obtain the person's consent?

Other than obtaining the consent of your spouse (if you are married), you must obtain the written consent of the following persons (where applicable) before the court will allow the adoption:

1. the biological parents of the child;
2. the guardian of the child;
3. the person who has the actual custody of the child;
4. the person who is liable (i.e. has a duty) to support the child; 5. the parents or guardian of the biological parent, if the biological parent is below 21 years old.

In addition, you have to ensure that the person who is giving the consent understands that an adoption order will permanently deprive (i.e. forever take away) him/her of his/her parental rights.
If you cannot obtain the consent of the persons under (1) - (5) above, you can apply to Court to
have their consent waived. The court may only allow this if it is satisfied that the person whose consent cannot be obtained:

1. has abandoned, neglected, or persistently ill-treated the child;
2. cannot be found;
3. is unfit to look after the child and this unfitness is going to continue indefinitely.

The Court may also allow if there are any other special circumstances that justify the dispensation of consent.