Section 5
Section 5
(1)
An adoption order shall not be made if —
(a)
the applicant is under the age of 25 years; or
(b)
the applicant is less than 21 years older than the child in respect of whom the application is made.
(2)
Notwithstanding subsection (1), it shall be lawful for the Court to make an adoption order —
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(a)
where the applicant is under the age of 25 years and is less than 21 years older than the child if —
(i)
the applicant and the child are within the prohibited degrees of consanguinity; or
(ii)
there are other special circumstances which justify the making of the order;
(b)
in the case of an application by 2 spouses jointly where one of the spouses and the child are within the prohibited degrees of consanguinity, notwithstanding that the other spouse is under the age of 25 years and less than 21 years older than the child; and
(c)
in the case of an application by 2 spouses jointly where neither spouse is within the prohibited degrees of consanguinity with the child, notwithstanding that one or both the spouses are less than 21 years older than the child.
(3)
An adoption order shall not be made if the sole applicant is a male and the child in respect of whom the application is made is a female, unless the Court is satisfied that there are special circumstances which justify the making of the order.
(4)
An adoption order shall not be made except with the consent of every person who is a parent or guardian of the child in respect of whom the application is made or who has the actual custody of the child or who is liable to contribute to the support of the child.
(5)
The Court may dispense with any consent required by subsection (4) if the Court is satisfied —
(a)
that the person whose consent is to be dispensed with —
(i)
cannot be found or has abandoned, neglected or persistently ill-treated the child and that reasonable notice of the application for the order has been given;
(ii)
has persistently neglected or refused to provide maintenance to the child; or
(iii)
is unfit by reason of any physical or mental incapacity to have the care and control of the child, that the
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unfitness is likely to continue indefinitely and that reasonable notice of the application for the order has been given; or
(b)
in any other special circumstances, that consent ought to be dispensed with, notwithstanding that such person may have made suitable initial arrangements for the child.
(6)
An adoption order shall not be made upon the application of one of 2 spouses without the consent of the other spouse.
(7)
The Court may dispense with any consent required by subsection
(6)
if it is 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.
(8)
An adoption order shall not be made if both parents of the child are not known.
(9)
Notwithstanding the provisions of any other written law to the contrary, a child where both of his parents are not known shall, until the contrary is proved, be deemed to be a Muslim for the purposes of this Act.
Matters with respect to which Court to be satisfied.