Section 105 Child’s Right Act

Section 105 Child’s Right Act 2003 is about Consent to fostering. It is under Part XI (Fostering) of the Act.

(1) Where a married person is the sole applicant for a fostering order, the application shall be accompanied with the consent, in writing, of the other spouse that the order be made.

(2) Where it appears to the Court that a person, other than the father or mother or relative of a child has any right or obligation in respect of the child under an order of court or an agreement or under customary law, the Court may refuse to make the fostering order until the Consent of that person is first obtained.

(3) The Court may dispense with any consent required under this section if it is satisfied that the person whose consent would have been required‐

(a) has abandoned, neglected or persistently ill‐treated the child; or
(b) cannot be found or is incapable of giving his consent or is unreasonably withholding his consent.