Commonwealth Consolidated ActsWhere the Minor is not an Adopted Child
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Circumstances in relation to the Minor |
Person or persons whose consent is required |
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1. Where both parents of the minor are alive-- (a) in any case other than a case to which paragraph (b) or (c) is applicable |
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(b) if the parents live separately and apart-- (i) if the minor lives permanently with one parent or lives more with one parent than with the other |
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(ii) if the minor does not live with either parent and the parents have never been married to each other |
The mother |
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(c) if both parents have been deprived of the custody of the minor by the order of a court |
The person or persons having the custody of the minor under the order of the court |
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2. Where only one parent of the minor is alive-- (a) if the parents had, at any time, been married to each other-- (i) if the surviving parent has not been deprived of the custody of the minor by the order of a court |
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(ii) if the surviving parent has been deprived of the custody of the minor by the order of a court |
The person or persons having the custody of the minor under the order of the court |
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(b) if the parents had never been married to each other-- (i) if the surviving parent is the mother and she has not been deprived of the custody of the minor by the order of a court |
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(ii) if the surviving parent is the mother and she has been deprived of the custody of the minor by the order of a court |
The person or persons having the custody of the minor under the order of the court |
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(iii) if the surviving parent is the father-- (A) if the minor lives permanently with the father |
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(B) if the minor does not live permanently with the father and there is or are a guardian or guardians of the minor |
The guardian or guardians |
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(C) if the minor does not live permanently with the father and there is no guardian of the minor |
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3. Where both parents of the minor are dead-- |
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(a) if there is or are a guardian or guardians of the minor (b) if there is no guardian of the minor |
The
guardian or guardians |
Where the Minor is an Adopted Child
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Circumstances in relation to the Minor |
Person or persons whose consent is required |
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1. Where the minor was adopted by a husband and wife jointly |
The person or persons who would be the prescribed person or persons under Part I of this Schedule if the minor had been born in lawful wedlock to his or her adoptive parents |
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2. Where the minor was adopted by one person only-- (a) if the adoptive parent is alive and has not been deprived of the custody of the minor by the order of a court |
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(b) if the adoptive parent is alive but has been deprived of the custody of the minor by the order of a court |
The person who has the custody of the minor under the order of the court |
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(c) if the adoptive parent is dead-- (i) if there is or are a guardian or guardians of the minor |
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(ii) if there is no guardian of the minor |