The court may waive the consent of the following individuals to an adoption:

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   (1) A parent who has deserted a child without means of identification or who has abandoned a child.

   (2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.

   (3) A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable.

   (4) A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably.

   (5) The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent.

s. 14, ch. 2003-58.