78(1)On application, either ex parte or upon such notice as the court directs, the court may waive a consent required by this Part, other than a consent of the person to be adopted, if the court is satisfied that
(a)
the person whose consent is to be waived
(i)
has abandoned or deserted the child,
(ii)
cannot be located after all reasonable attempts have been made to find the person,
(iii)
has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child, and remains incapable at the time consent is waived,
(iv)
while liable to maintain the child has persistently neglected or refused to do so,
(v)
has not had an ongoing parental relationship with the child,
(vi)
refuses to care for the child and a delay in securing a home for the child would be detrimental to the best interests of the child, or
(b)
in the best interests of the child, the consent should be waived,
in which case an adoption order with respect to the child may be made without the consent of the person whose consent was waived.
78(2)Where a person is of the age of twelve years or over and is unable to understand or give consent, the person’s consent may be waived by the court.
78(3)Where the consent of the person to be adopted is not required under this Part, or is waived under subsection (2), the court shall, where it considers it to be appropriate and feasible to do so, take into account the wishes of the person.
78(1)On application, either ex parte or upon such notice as the court directs, the court may waive a consent required by this Part, other than a consent of the person to be adopted, if the court is satisfied that
(a)
the person whose consent is to be waived
(i)
has abandoned or deserted the child,
(ii)
cannot be located after all reasonable attempts have been made to find the person,
(iii)
has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child, and remains incapable at the time consent is waived,
(iv)
while liable to maintain the child has persistently neglected or refused to do so,
(v)
has not had an ongoing parental relationship with the child and a delay in securing a home for the child would be detrimental to the best interests of the child, or
(b)
in the best interests of the child, the consent should be waived,
in which case an adoption order with respect to the child may be made without the consent of the person whose consent was waived.
78(2)Where a child is of the age of twelve years or over and is unable to understand or give consent, the child’s consent may be waived by the court.
78(3)Where the child’s consent is not required under this Part, or is waived under subsection (2), the court shall, where it considers it to be appropriate and feasible to do so, take into account the wishes of the child.