deserted the minor or cannot be found or is incapable of giving such consent or, being
a person liable to contribute to the support of the minor, either has persistently
neglected or refused to contribute to such support or is a person whose consent ought,
in the opinion of the court and in all the circumstances of the case, to be dispensed
with;
(iii)
the court shall dispense with the consent of the parent or guardian of
the minor if, in anticipation of any application for an order of adoption being made, a
judge of the High Court has, upon an application made to him in chambers by the
guardian ad litem, declared that such parent or guardian has abandoned or neglected
such minor in circumstances deemed to be abandonment or neglect in terms of
subsection (2) of section seven.
(4) An adoption order shall not be made upon the application of one of two spouses
without the consent of the other of them:
Provided that the court may dispense with any consent required by this subsection if
satisfied that the person whose consent is to be dispensed with cannot be found or is
incapable of giving such consent or that the spouses have separated and are living
apart and that the separation is likely to be permanent.
(5) An adoption order shall not be made in favour of any applicant who is not resident
and domiciled in Zimbabwe or in respect of any minor who is not so resident:
Provided that, if the applicant and the minor are within the prohibited degrees of
consanguinity, the adoption may be made in favour of an applicant who is not
resident or domiciled in Zimbabwe.
(6) An adoption order shall not be made unless the minor has been medically
examined and a copy of the report relating to such examination has been furnished to
the court and its contents have been made known to the applicant without disclosure
to the applicant of any name appearing in the report.
(7) Except with the consent of the Minister, no adoption order shall be made in favour
of an applicant who is not a citizen of Zimbabwe:
Provided that this subsection shall not apply in a case where the applicant and the
minor are within the prohibited degrees of consanguinity.
60
Consent to adoption given by minor mother of illegitimate child
Any consent given on or before the 26th October, 1973, by a mother to the adoption
of her illegitimate child shall not be regarded as invalid for the purpose of the making
of an adoption order in terms of this Act or any other enactment relating to adoption
solely on the ground that at the time of giving the consent the mother was a minor or
a married woman and was not assisted thereto by her parent, guardian or husband, as
the case may be.
61
Matters with respect to which court to be satisfied
The court, before making an adoption order, shall be satisfied—
(a)
where the consent of a parent is necessary in terms of this Act and has
not been dispensed with, that such consent is in the prescribed form and—
(i)
is signed before a magistrate; and
(ii)
states that the consent of the parent has been given to the adoption of
the minor—
A.
by the applicant or applicants for the adoption whose full names are
known or have been made known to the parent and which, together with their
residential address, shall be specified on the prescribed form; or
B.
by an applicant or applicants approved and selected by the court in
terms of this Act from the register of names of persons kept by the Director in terms
of subsection (1) of section sixty-two; and
(iii)
contains a certificate endorsed thereon by the magistrate that the
parent understands the nature and effect of the adoption order applied for and that, if
granted, the parent will be permanently deprived of his or her parental rights in
respect of the minor; and
(b)
where the consent of any person other than a parent is necessary in
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