§ 5 — Further provisions on eligibility to adopt a child

5.—(1) Unless subsection (2) applies, the applicants or applicant are not or is not eligible to adopt a child in the following circumstances:(a)

in the case of an adoption application by 2 applicants jointly —(i)

either applicant is below 25 years of age; or

(ii)

either applicant is less than 21 years older than the child before the court;

(b)

in the case of an adoption application solely by an applicant —(i)

the sole applicant is below 25 years of age; or

(ii)

the sole applicant is less than 21 years older than the child before the court;

(c)

the sole applicant is a male and the child before the court is a female;

(d)

either applicant (in the case of a joint application) or the sole applicant (in the case of a sole application) has been convicted of an offence prescribed by the regulations —(i)

whether the offence is committed before, on or after the date that the offence is prescribed; and

(ii)

whether the offence is committed before, on or after the date of commencement of this section.

(2) Despite the applicants or applicant being ineligible under subsection (1) or section 4, the court may make an adoption order on an adoption application in any of the following circumstances:(a)

in a case where subsection (1)(a) or (b) applies — either of the joint applicants or the sole applicant (as the case may be) and the child are within the prohibited degrees of consanguinity;

(b)

in a case where one of the 2 individuals in a marriage described in section 4(1)(a)(i) or (ii) wishes to make an adoption application solely —(i)

the individual’s spouse consents to the sole application; or

(ii)

the consent of the individual’s spouse is to be dispensed with by the court because —(A)

he or she cannot be found or is incapable of giving such consent; or

(B)

the individual and his or her spouse have separated and are living apart and the separation is likely to be permanent;

(c)

in a case where subsection (1) applies or the requirements in section 4(1)(a)(iii) or (iv) or (b) are not met — there are special circumstances which justify as an exceptional measure the making of an adoption order.

(3) In deciding whether there are special circumstances which justify as an exceptional measure the making of an adoption order under subsection (2)(c), the court is to give due consideration as to whether the Guardian‑in‑Adoption supports the making of the adoption order.

—(1) Unless subsection (2) applies, the applicants or applicant are not or is not eligible to adopt a child in the following circumstances:(a)

in the case of an adoption application by 2 applicants jointly —(i)

either applicant is below 25 years of age; or

(ii)

either applicant is less than 21 years older than the child before the court;

(b)

in the case of an adoption application solely by an applicant —(i)

the sole applicant is below 25 years of age; or

(ii)

the sole applicant is less than 21 years older than the child before the court;

(c)

the sole applicant is a male and the child before the court is a female;

(d)

either applicant (in the case of a joint application) or the sole applicant (in the case of a sole application) has been convicted of an offence prescribed by the regulations —(i)

whether the offence is committed before, on or after the date that the offence is prescribed; and

(ii)

whether the offence is committed before, on or after the date of commencement of this section.

(2) Despite the applicants or applicant being ineligible under subsection (1) or section 4, the court may make an adoption order on an adoption application in any of the following circumstances:(a)

in a case where subsection (1)(a) or (b) applies — either of the joint applicants or the sole applicant (as the case may be) and the child are within the prohibited degrees of consanguinity;

(b)

in a case where one of the 2 individuals in a marriage described in section 4(1)(a)(i) or (ii) wishes to make an adoption application solely —(i)

the individual’s spouse consents to the sole application; or

(ii)

the consent of the individual’s spouse is to be dispensed with by the court because —(A)

he or she cannot be found or is incapable of giving such consent; or

(B)

the individual and his or her spouse have separated and are living apart and the separation is likely to be permanent;

(c)

in a case where subsection (1) applies or the requirements in section 4(1)(a)(iii) or (iv) or (b) are not met — there are special circumstances which justify as an exceptional measure the making of an adoption order.

(3) In deciding whether there are special circumstances which justify as an exceptional measure the making of an adoption order under subsection (2)(c), the court is to give due consideration as to whether the Guardian‑in‑Adoption supports the making of the adoption order.