Cap. 569 Art. 24A decree to free the child in care for adoption. Cap. 16.
Sub-title II
(1) In accordance with the provisions of this article, the court may on the application of the Agency decree that a child under a care order be freed for adoption.
(2) The application mentioned in the preceding sub-article shall, besides the relevant identification particulars of the child and, where applicable, of the parents of such child, also contain detailed reasons for the request. Where the prospective adoptive parents have been identified, the application shall also contain their identification particulars: Provided that where among the persons identified as prospective adoptive parents there are the alternative carers, the Agency may in the application give preference to such carers, subject always to the best interests of the child.
(3) The application shall be served on the parents of the child who shall have twenty days within which to file a reply. The parties shall then be notified with the date for the hearing of the application.
(4) Before making a decree freeing the child in care for adoption, the court shall:
(a) hear and ascertain the views and wishes of the child, if considered as having sufficient understanding;
(b) hear any person who has been entrusted with the care and custody of the child to be freed for adoption;
(c) hear the parents of such child;
(d) hear the Children’s Advocate, the key social worker and prospects for the parents to become able to care for the child; and
(g) take into account the consent of the parents to the freeing for the adoption: Provided that the absence of consent of the parents shall not, of itself, be a bar to the freeing of the child for adoption.
(5) Where the court makes a decree to free the child for adoption, it shall state the reasons for its decision. In all cases where the Agency has in the application also identified the prospective adoptive parents, the court shall refer the decree, together with the application, to the competent court, which by law has power to make adoption decrees and the provisions of the Civil Code in relation to adoptions shall apply.