Adoption Act 2010
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Evidence to High Court. |
55.— (1) Subject to this section, the High Court shall not make an order under section 54 (2) without having heard— | |
(a) the parents concerned (or either of them), and | ||
(b) any other persons who, in the opinion of the High Court, ought to be heard by it. | ||
(2) Where the parents concerned (or either of them), having been requested to give evidence to the High Court at the hearing of an application for an order under section 54 (2), fail or fails, or refuse or refuses, to do so, the High Court may make the order if it thinks fit, notwithstanding the absence of the evidence of the parents (or either of them). | ||
(3) Where the parents concerned (or either of them) fail or fails, or refuse or refuses, to respond to a request under subsection (2), the failure or refusal may be taken by the High Court, for the purposes of subsection (2), to be a failure or refusal by the parents (or either of them) to give evidence to the High Court at the hearing concerned. | ||
(4) The High Court may make an order under section 54 (2) if it thinks fit, notwithstanding the absence of the evidence of the parents of the child concerned (or either of them) if— | ||
(a) the High Court is satisfied that— | ||
(i) the identity of the parents concerned (or either of them) is not known both to the persons applying for an order under section 54 (2) and to the Authority, and | ||
(ii) all appropriate measures have been taken to ascertain that identity, or | ||
(b) the High Court is satisfied that— | ||
(i) the whereabouts of the parents concerned (or either of them)— | ||
(I) at the time of the making of the application for the order, and | ||
(II) during the 12 months immediately preceding that time, | ||
are not known to the parties making the application and are not known to the Authority, and | ||
(ii) all appropriate measures have been taken to ascertain those whereabouts. | ||
(5) If the High Court is satisfied that the parents concerned (or either of them) are incapable by reason of mental infirmity of giving reliable evidence to the High Court on the hearing of an application under paragraph (a) or (b) of section 54 (1), the High Court may— | ||
(a) dispense with the evidence of the parents (or either of them), and | ||
(b) make the order under section 54 (2) notwithstanding the absence of that evidence. |