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Section 14

Attendance before the Court of parties: power to dispense

of Adoption Act 1952

ActIn forceProvision 14 of 32
Section 14
(1)

Subject to this section, an adoption order or an interim order shall not be made except after the personal attendance before the

Court of the applicant and all the respondents, notwithstanding, in the case of any of the respondents, that written consent has been obtained.

(2)

The Court may—

(a)

in the case of the child, if satisfied by a report from the guardian ad litem that special circumstances exist which

18 Laws of Malaysia ACT 257

render it inexpedient or unnecessary that the child shall personally attend before the Court;

(b)

in the case of any other respondent, if satisfied that the respondent cannot be found or is incapable of giving consent; or

(c)

for any other reason which the Court may deem sufficient, dispense with the attendance of any respondent.

(3)

In any case where the Court dispenses with the personal attendance of a respondent, the written consent of that respondent, verified by a declaration purporting to be made before and signed by a Magistrate or Commissioner for Oaths shall be prima facie evidence of such consent.

(4)

In the case of a joint application for an adoption order or an interim order the Court may, if it thinks fit, dispense with the personal attendance of one of the two spouses if his or her application is verified by a declaration purporting to be made before and signed by a Magistrate or Commissioner for Oaths.