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THE CHILDREN (ADOPTION OF) ACT

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<strong>CHILDREN</strong> (<strong>ADOPTION</strong> <strong>OF</strong>) 11<br />

who is liable by virtue of any order or agreement<br />

to contribute to the maintenance of the child;<br />

(h) on the application of one of two spouses, except<br />

with the consent of the other spouse.<br />

(5) Subject to subsection (6), an adoption order shall ~!l~~‘$.<br />

not be made unless the applicant and the child reside in<br />

the Island.<br />

(6) An adoption order may be made on the applica- ;!1:6pb).<br />

t ion of a person who, although domiciled in Jamaica, is<br />

not ordinarily resident in Jamaica; so, however, that in<br />

relation to such an application the provisions of this Act<br />

shall be modified by the substitution in subsections (l),(2j<br />

and (3) of section 6 of the words “period of six months’’<br />

for the words “period of three months”.<br />

11.-(1) The Court may dispense with any consent Consentto<br />

adoption.<br />

required by paragraph (a) of subsection (4) of section 10<br />

if it is satisfied-<br />

(a) in the case of a parent or guardian of the child,<br />

that he has abandoned, neglected or persistently<br />

ill-treated the child or has persistently failed with- 211964<br />

s. 5.<br />

out reasonable cause-<br />

(i) to discharge the obligations of a parent or<br />

guardian of the child; or<br />

(ii) to demonstrate interest in the child;<br />

(b) in the case of a person liable by virtue of an<br />

order or agreement to contribute to the<br />

maintenance of the child, that he has persistently<br />

neglected or refused so to contribute;<br />

(c) in any case, that the person whose consent is<br />

required cannot be found or is incapable of giving<br />

his consent or that his consent is unreasonably<br />

withheld or for any other reason such consent<br />

should be dispensed with.<br />

(2) The Court may dispense with the consent of the<br />

spouse of an applicant for an adoption order if satisfied<br />

[The inclusion of this page is authorized by L.N. 57/1981]

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