Section 8
of Islamic Adoption of Children Act
Section 8
(1)
An adoption order shall not be made in the case where a non-Muslim applies for the adoption of a child if —
(a)
both parents of the child, or one of them, is a Muslim; or
(b)
both parents of the child are not known.
(2)
Notwithstanding the provisions of any other written law to the contrary, a child when both of whose parents are not known shall, until the contrary is proved, be deemed to be a Muslim for the purposes of this Act.
(3)
An adoption order shall not be made unless —
(a)
the applicant or in the case of an application by two spouses, one of them has attained the age of 25 years qamariah and is at least 18 years qamariah older than the child in respect of whom the application is made unless the Syar’ie Judge is satisfied that there are special circumstances for the making of the order; or
(b)
the applicant is a relative of the child and has attained the age of 18 years qamariah.
(4)
An adoption order shall not be made except with the consent of both parents, if any, the guardian or the person who is responsible for the maintenance of the child.
(5)
The Syar’ie Judge may dispense with any consent required by subsection (4) if the Syar’ie Judge is satisfied that the person whose consent is to be dispensed with —
(a)
has abandoned, neglected or persistently ill-treated the child;
(b)
has persistently neglected or refused to provide maintenance;
or
(c)
is unfit to take care of the child by reason of physical or mental incapacity and most likely the unfitness to take care of the child continues for an indefinite period.
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(6)
Notwithstanding subsection (5), the Syar’ie Judge may dispense with any consent required by subsection (4) if he is satisfied that, in the particular circumstances, it is reasonable for the maslahah of the child to do so.
(7)
An adoption order shall not be made unless, in the case of an application made by a husband or a wife, the consent of the wife or the husband, as the case may be, has been obtained.
(8)
The Syar’ie Judge may dispense with the consent required by subsection (7) if the Syar’ie Judge is satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving his consent or that his consent is unreasonably withheld.
(9)
An adoption order shall not be made if —
(a)
the applicant is a male and the child in respect of whom the application is made is a female, or the applicant is a female and the child is a male, unless the applicant and the child have connections by nasab under which they are haram to marry forever;
(b)
the child has already been adopted under an earlier adoption order unless the Syar’ie Judge is satisfied that, the earlier adoption order has been revoked by the Syar’ie Judge or the Court, or requires change accordingly; or
(c)
the applicant or the child is not ordinarily resident in Brunei
Darussalam.
(10)
An adoption order shall not be made by authorising more than one applicant to adopt the child. For the purpose of this Act, two spouses wishing to apply for authorisation to adopt a child shall be deemed as one applicant.
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(11)
An adoption order shall not be made unless the child has been continuously in the custody and care of the applicant for a period of at least 6 months before the application of an adoption order is made.
Prohibition against taking back child.