Adoption Act, 1974

Application by widower for adoption order.

5.—(1) Notwithstanding anything contained in section 11 of the Principal Act (as amended by section 5 of the Act of 1964), in any case where—

(a) a child is in the care of a married couple who have made an application for an adoption order in relation to that child, and

(b) the wife dies before the making of the adoption order,

the Board may make an adoption order relating to that child on the application of the widower: Provided that—

(i) the widower has, at the date of his application another child in his custody, and

(ii) every person, whose consent to the making of the adoption order is required by section 14 of the Principal Act or by section 2 of the Act of 1964, knows, when he gives his consent, that the applicant is a widower.

(2) In any case where an application for an adoption order is made under this section, any consent given to the making of an adoption order in respect of the child in favour of the married couple shall be disregarded.