Revised Laws of Saint Lucia (2021)

101.   Dispensing with consent

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    (1)   On application, the Court may, by order, dispense with consent required under section 99 if —

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      (a)     the Court is satisfied that it is in the best interest of the child to do so;

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      (b)     the person or child whose consent is to be dispensed with is not capable of giving an informed consent;

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      (c)     reasonable but unsuccessful attempts have been made to locate the person whose consent is to be dispensed with;

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      (d)     the person whose consent is to be dispensed with —

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        (i)     has abandoned or deserted the child,

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        (ii)     is not capable of caring for the child, or

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        (iii)     has not made reasonable efforts to meet his or her parental obligations with respect to the child; or

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      (e)     other circumstances exist which, in the opinion of the Court, justify dispensing with consent.

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    (2)   Before making an order under this section, the Court may consider a recommendation in a report filed by the Adoption Committee, the Division or a parent of the child.

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    (3)   An application under this section may be made without notice to another person and may be joined with another application which may be made under this Act.