Section 4, The Adoption Act, 1989 Short title

(1) Subject to the provision of this section, an adoption Consent oforder shall not be made except with the consent of every person parent to adoption who is a parent of the juvenile (2) The Court may dispense with the consent of any parent of the juvenile if the Court is satisfied that he has abandoned, neglected or persistently illtreated the juvenile or that he cannot be found or is incapable of giving his consent or that his consent is unreasonably withheld. (3) If, in the case of an application made within one year from the date of the commencement of this Act, it is shown to the satisfaction of the Court that during the period of four years ending with the date of the application the juvenile has been brought up, maintained and educated under any de facto adoption (whether by one person or by a husband and wife jointly) the Court may dispense with the consent of any parent of the juvenile (4) Any consent under this section may be given either unconditionally or subject to conditions with respect to the religious persuasion in which the juvenile is to be brought up without knowing the identity of the applicant for the adoption order, and where consent so given by any person is subsequently withdrawn on the grounds only that he does not know the identity of the applicant, his consent shall be deemed for the purposes of this section to be unreasonably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. No.9 Adoption 1989 (5) While an application for an adoption order in respect of a juvenile is pending in any Court, any parent of the juvenile who has signified his consent to the making of an adoption order, in pursuance of the application shall not be entitled, with the leave of Court, to remove the juvenile from the care and possession of the applicant, and in considering whether to grant or refuse such leave the Court shall have regard to the welfare of the juvenile. Other consents 5. (1) Where it appears to the court that any person who is not the parent of the juvenile has, under any order of a court or agreement, or under customary law or otherwise, any right or obligation in respect of the juvenile the court may, if it think fit, require that the persons consent shall be obtained before the adoption order is made . (2) Where a married man or woman is the sole applicant for an adoption order, the Court may, if it thinks fit require that the consent of any wife or husband of the applicant as the case may be, be obtained before the adoption order is made. (3) It shall be the duty of the Chief Social Development Officer to prepare a report to assist the Court on an application for an adoption order to determine whether any person who is not a parent of the juvenile has any rights or obligations in respect of the juvenile and whether that person's consent ought to be obtained for the adoption order. Functions 6. (1) The court before making an adoption order shall be of court as to satisfied- Adoption orders (a) that every person whose consent is required under Section 4, and whose consent is not dispensed with, has consented to and understands the nature and effect of the adoption order for which the application is made, and, in particular in the case of any parent, understands that the effect of the adoption order will be permanently to deprive him or her of his or her parental right; (b) Adoption that the order, if made, will be for the welfare of the juvenile, due consideration for this purpose being given to the wishes of the juvenile having regard to the age and understanding of the juvenile; and (c) that the applicant has not received or agreed to receive , and that no person has made or agreed to make to the applicant, any payment or other reward in consideration of the adoption except such as the court may order. (2) The Court, in an adoption order, may impose such terms and conditions as the court may think fit, and, in particular, may require the adopter by bond or otherwise to make for the juvenile such provisions (if any) as in the opinion of the Court is just and expedient .