CAP. 290]
Evidence of consent of parent or guardian.
1950 c. 26, s. 4.
Functions of Court as to
adoption orders. 1950 c. 26, s. 5.
Adoption
[1987 Ed.
(4) While an application for an adoption order in respect of an infant is pending in any Court, any parent or guardian of the infant who has signified his consent to the making of an adoption order in pursuance of the application shall not be entitled, except with the leave of the Court, to remove the infant 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 infant.
7. (1) Where any person whose consent to the making of an adoption order is required by section 5(5)(a) does not attend in the proceedings for the purpose of giving it, then, subject to the provisions of subsection (3), a document signifying his consent to the making of such an order shall, if the person in whose favour the order is to be made is named in the document or (where the identity of that person is not known to the consenting party) is distinguished therein in the prescribed manner, be admissible as evidence of that consent, whether the document is executed before or after the commencement of the proceedings:
Provided that this subsection shall not apply to a consent given by a parent in the prescribed general form of consent. (Added, 48 of 1977, s. 3)
(1A) A document signifying the consent of a parent to the making of an adoption order given in the prescribed general form of consent, shall subject to subsection (3), be admissible as evidence of that consent whether the document is executed before or after the commencement of the proceedings. (Added, 48 of 1977, s. 3)
(2) Where a document signifying consent to an adoption order, whether given in the prescribed specific form of consent or the prescribed general form of consent, is attested by a justice of the peace or a Commissioner for Oaths (or, if executed outside the Colony, by a person of any such class as may be prescribed), the document shall be admissible as aforesaid without further proof of the signature of the person by whom it is executed; and for the purposes of this subsection, a document purporting to be attested as aforesaid shall be deemed to be so attested, and to be executed and attested on the date and at the place specified therein, unless the contrary is proved. (Amended, 21 of 1960, s. 5 and 48 of 1977, s. 3)
(3) A document signifying the consent of the mother of an infant shall not be admissible under this section unless-
(a) the infant is at least 6 weeks old on the date of the
execution of the document; and
(b) the document is attested on that date by a justice of the peace or a Commissioner for Oaths or, as the case may be, by a person of a class prescribed for the purposes of subsection (2). (Amended, 10 of 1963, s. 2)
8. (1) The Court before making an adoption order shall be satisfied-
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