Section 132 Child’s Right Act

Section 132 Child’s Right Act 2003 is about Required consent. It is under Part XII (Adoption) of the Act.

(1) Where a married person is the sole applicant for an adoption order, the Court may, if it thinks fit, refuse to make the order if the consent of the spouse of the applicant to the making of the order is not first obtained.

(2) Where it appears to the Court that a person other than the parent or relative of a child has any right or obligation in respect of the child under an order of the Court or any agreement or under customary law the Court may, if it thinks tit, refuse to make the adoption order if the consent of that person is not first obtained.

(3) The child development officer on an application for an adoption order in respect of a child, shall prepare a report shall assist the Court in determining whether a person who is not a parent or relative of the child has any right or obligation in respect of that child and whether the consent of the person ought first to be obtained.

(4) A consent under this section may be given either‐
(a) unconditionally; or
(b) subject to conditions with respect to the religious persuasion in which the child is to be brought up.

(5) In giving a consent under this section, it may not be necessary for the person giving the consent to know the identity of the applicant for the adoption order.

(6) The Court may dispense with any consent required under this section if it is satisfied that the person whose consent is required cannot be found or is incapable of giving his consent or is withholding his consent unreasonably.

(7) While an application for an adoption order is pending in any Court, no person who has given his consent to an adoption order to be made in respect of a child shall withdraw the child from the care and possession of the applicant without the leave of the Court and the Court shall have regard to the welfare of the child in considering whether or not to gram the leave.