Hide Nav Show Nav
SOLR_PROP

Adoption Act, 1991

Eligibility to be granted an adoption order.

10.(1) Subject to subsection (2) of this section, an adoption order shall not be made unless—

(a) the applicants are a married couple who are living together, or

(b) the applicant is the mother or father or a relative of the child, or

(c) the applicant is a widow or a widower.

(2) Notwithstanding subsection (1) of this section, where the Board is satisfied that, in the particular circumstances of the case, it is desirable, an adoption order may be made in favour of an applicant who is not a person specified in paragraph (b) or (c) of subsection (1) of this section.

(3) Subject to subsection (1) (a) of this section, an adoption order shall not be made for the adoption of a child by more than one person.

(4) An adoption order shall not be made for the adoption of a child by an applicant who is married without the consent of the spouse of the applicant (which shall be given in such manner as may be determined by the Board) unless—

(a) the couple are living apart under—

(i) a decree of divorce a mensa et thoro, or

(ii) a decree of judicial separation, or

(iii) a deed of separation,

or

(b) the spouse has deserted the applicant or conduct on the part of the spouse results in the applicant, with just cause, leaving and living separately and apart from him.

(5) An adoption order shall not be made unless—

(a) the applicant and, if the applicants are a married couple, each of them has attained the age of 21 years, or

(b) the applicants are a married couple and one of them is the mother or father or a relative of the child and either of them has attained the age of 21 years.

(6) An adoption order shall not be made unless the applicant or the applicants is or are ordinarily resident in the State and has or have been so resident during the year ending on the date of the order.

(7) Section 11 of the Principal Act, section 5 of the Adoption Act, 1964 , and section 5 of the Adoption Act, 1974 , are hereby repealed.