[proviso inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(3) Applications for adoption orders shall be held in private and no persons, other
than those permitted by the court, shall be present at any proceedings relating to such
applications.
58
Power to make adoption order
(1) Upon application in the prescribed manner by any person desirous of being
authorized to adopt a minor who has never been married, the court may, subject to
this Act, make an order authorizing the applicant to adopt that minor.
(2) Where an application for an adoption order is made by two spouses jointly, the
court may make an order authorizing the two spouses jointly to adopt but save as
aforesaid no adoption order shall be made authorizing more than one person to adopt
a minor.
(3) An order may be made authorizing an applicant who is the spouse of the parent of
a minor to adopt such minor and, notwithstanding section sixty-four, such adoption
order shall not terminate the rights and legal responsibilities existing between such
adopted child and the said parent and his relatives.
59
Restrictions on making adoption order
(1) An adoption order .shall not be made except with the consent of the Minister in
any case where—
(a)
the applicant is under the age of twenty-five years; or
(b)
the applicant is less than twenty-one years older than the minor in
respect of whom the application is made:
Provided that—
(i)
where the applicant and the minor are within the prohibited degrees of
consanguinity, the court may, if it thinks fit, make the order notwithstanding that the
applicant is less than twenty-one years older than the minor;
(ii)
a husband and his wife jointly may adopt any minor born of one of the
spouses even though one of them is or both of them are under the age of twenty-five
years, or even though one of them is or both of them are less than twenty-one years
older than the minor;
(iii)
the spouse of the parent of a minor may adopt such minor even
though the adopter is under the age of twenty-five years or is less than twenty-one
years older than the minor;
(iv)
any person may adopt a minor born of him or her which has
previously been adopted by any person, whether or not he or she is under the age of
twenty-five years or is less than twenty-one years older than the minor;
(v)
no person shall adopt, otherwise than jointly with his or her spouse, a
minor less than twenty-five years younger than the said person, unless the minor is of
the same sex as that person or that person is a widower, widow or an unmarried or
divorced person and is the natural parent of the minor.
(2) An adoption order shall not be made in any case where the sole applicant is a male
and the minor in respect of whom the application is made is a female, unless the court
is satisfied that there are special circumstances which justify as an exceptional
measure the making of an adoption order.
(3) An adoption order shall not be made except with the consent of every person or
body who is a parent or legal guardian of the minor in respect of whom the
application is made or who is liable to contribute to the support of the minor:
Provided that—
(i)
in the case of a minor who is an illegitimate child, the consent of—
(a)
the father shall not be required for the purposes of this subsection; and
(b)
the mother shall not be regarded as invalid solely on the ground that at
the time of giving the consent she was a minor or a married woman and was not
assisted thereto by her parent, guardian or husband, as the case may be;
(ii)
the court may dispense with any consent required by this subsection if
satisfied that the person whose consent is to be dispensed with has abandoned or
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