13 Issue of adoption order where an interim order has been made

(1)

The person or persons in whose favour an interim order has been made in respect of any child may apply to the court for the issue of an adoption order in respect of the child, if,—

(a)

the interim order is in force at the date of the application and has continued in force for not less than the prescribed period specified in subsection (2); and

(b)

in any case where the child is under the age of 15 years, the child has been continuously in the care of the applicant or applicants for not less than the said prescribed period since the adoption was first approved by a social worker or the interim order was made, whichever first occurred.

(2)

The prescribed period mentioned in subsection (1) shall be 6 months, or such shorter period as may in special circumstances be specified by the court either in the interim order or, whether or not a shorter period has already been specified in the interim order, subsequent to the making of the interim order.

(2A)

Notwithstanding the foregoing provisions of this section, the court may, if special circumstances render it desirable to do so, issue an adoption order before the termination of the prescribed period:

provided that no order under this subsection shall be made without a hearing by the court.

(3)

Where an application is duly made to the court under subsection (1), the Registrar shall issue the adoption order without any further hearing if—

(a)

a social worker has filed a report recommending that an adoption order be issued;

(b)

the interim order did not require the application to be dealt with by the court;

(c)

no proceedings for the revocation of the interim order are pending in the District Court or on an appeal to the High Court; and

(d)

the District Court has not, within the immediately preceding month, refused to revoke the interim order,—

but the adoption order shall not be issued without a further hearing in any other case.

(4)

In any case where a hearing by the court of an application under this section is required as aforesaid—

(a)

the Registrar shall require a social worker to furnish a report on the application:

(b)

the Registrar shall appoint a time and place for the hearing of the application, and in so doing shall allow reasonable time to enable the social worker to furnish his report as aforesaid:

(c)

the court shall consider any report which the social worker may furnish:

(d)

the Registrar shall give the social worker reasonable notice of the hearing of the application, and the social worker shall be entitled to appear, cross-examine, call evidence, and address the court.

(5)

In any case where an adoption order could issue under this section in favour of 1 person only, the court may, upon application by that person and his or her spouse and after further hearing, issue the adoption order in favour of that person and his or her spouse jointly without requiring any further consents to the adoption.

Section 13(1)(b): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 13(2): replaced, on 1 April 1963, by section 5 of the Adoption Amendment Act 1962 (1962 No 134).

Section 13(2A): inserted, on 1 April 1963, by section 5 of the Adoption Amendment Act 1962 (1962 No 134).

Section 13(3): replaced, on 1 April 1963, by section 5 of the Adoption Amendment Act 1962 (1962 No 134).

Section 13(3)(a): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 13(3)(b): amended, on 24 September 1965, by section 5(3) of the Adoption Amendment Act 1965 (1965 No 32).

Section 13(3)(c): replaced, on 24 September 1965, by section 5(4) of the Adoption Amendment Act 1965 (1965 No 32).

Section 13(3)(c): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 13(3)(c): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 13(3)(d): inserted, on 24 September 1965, by section 5(4) of the Adoption Amendment Act 1965 (1965 No 32).

Section 13(3)(d): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 13(4): replaced, on 1 April 1963, by section 5 of the Adoption Amendment Act 1962 (1962 No 134).

Section 13(4)(a): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 13(4)(b): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 13(4)(c): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 13(4)(d): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).