(1) The Court may dispense with consent under section 118D(4)(a) if it is satisfied —
(a) in the case of a parent or tutor of the infant, that he or she has abandoned, neglected or persistently ill-treated the infant;
(b) in the case of a person liable by virtue of an order or agreement to contribute to the maintenance of the infant, that he or she has persistently neglected or refused so to contribute; or
(c) in any case, that the person whose consent is required cannot be found or is incapable of giving his or her consent or that his or her consent is unreasonably withheld.
(2) The Court may dispense with the consent of the spouse of an applicant for an adoption order if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving the consent or that the spouses have separated and are living apart and that the separation is likely to be permanent.
(3) The consent of a person to the making of an adoption order in pursuance of an application may be given either unconditionally or subject to conditions with respect to the religious persuasion in which the infant is to be brought up without knowing the identity of the applicant for the order; and where consent given by a person is subsequently withdrawn on the ground only that he or she does not know the identity of the applicant, his or her consent is deemed for the purposes of this section to be unreasonably withheld.
(4) While an application for an adoption order in respect of an infant is pending in any court, a parent or tutor of the infant who has signified his or her 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.
(Inserted by Act 20 of 2019)