4 Restrictions on making adoption orders

(1)

Except in special circumstances, an adoption order shall not be made in respect of a child unless the applicant or, in the case of a joint application, one of the applicants—

(a)

has attained the age of 25 years and is at least 20 years older than the child; or

(b)

has attained the age of 20 years and is a relative of the child; or

(c)

is the mother or father of the child.

(2)

An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant who is a male unless the court is satisfied that the applicant is the father of the child or that there are special circumstances which justify the making of an adoption order.

(3)

Except as provided in subsection (2) of section 3, an adoption order shall not be made providing for the adoption of a child by more than 1 person.

(4)

Any adoption order made in contravention of this section shall be valid, but may be discharged by the court under section 20.

(5)

Where any adoption order made in contravention of this section provides for the adoption of a child by more than 1 person, the High Court may, on the application of any such person made at any time while the adoption order remains in force, make such provision as appears just with respect to the role of providing day-to-day care for the child, and with respect to the maintenance and education of the child.

Compare: 1908 No 86 ss 16, 17, 19; Adoption Act 1950 s 2 (UK)

Section 4(1)(a): amended, on 1 January 1971, by section 6 of the Age of Majority Act 1970 (1970 No 137).

Section 4(1)(b): amended, on 1 January 1971, by section 6 of the Age of Majority Act 1970 (1970 No 137).

Section 4(5): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 4(5): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).