Sole Applicants adopting a child

a) A sole applicant who is married can apply, but only if:

i) the other spouse cannot be found or;

ii) they have separated and are living apart and the separation is likely to be permanent or;

iii) the other spouse is incapable of making an application due to mental or physical health.

b) A mother or father can apply as a sole applicant only if the court is satisfied that:

i) the other natural parent is dead or;

ii) cannot be found or;

iii) there is no parent, as that child is governed by the Human Fertilization of Embryology Act (e.g. in vitro fertilisation. In this case the carrying mother is mother in law, but can apply under s.30 of the Act for "parental order" that child is to be treated as child of the parties to the marriage. But must apply within 6 months of birth of child and child must be living with the donors who must consent, no money must have changed hands) or;

iv) there is some other reason to justify excluding the natural parent.

c) Step-parent or relative as applicant;
They can apply under the category of sole applicants whom the court is satisfied is the partner of a parent of the person to be adopted.

Sole applicants must be at least 21 years of age. Where a child is adopted by one of it's natural parents as a sole applicant and the natural parents then marry, the adoption order can be revoked.

Age of the Child to be adopted

Adoption Law

 

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