Civil Code (Cap. 16), article 115

115. (1) An adoption decree shall not be made unless the applicant or, in the case of a joint application, one of the applicants - (a) has attained the age of twenty-eight years and is at least twenty one years older but not more than fifty (50) years older than the person to be adopted: Provided that if the applicant or applicants request the court for authorisation to adopt siblings, the restriction mentioned in this paragraph shall be deemed to be satisfied if there is the required age difference at least with regards to one of the children, and if the adoption will be in the best interests of all the siblings involved; or (b) is the natural parent of the person to be adopted and has attained majority; or 54 [CAP. 16. CIVIL CODE Cap. 602. (c) in favour of a foster carer who has fostered the person to be adopted for at least the preceding five (5) years, or three (3) years in extraordinary circumstances in accordance with article 54 of the Minor Protection (Alternative Care) Act . (2) An adoption decree shall not be made - (a) in respect of a person who has attained the age of eighteen years except: (i) in favour of a sole applicant who is the natural parent of the person to be adopted; or Cap. 571. Act No. XXVII of 2020. (ii) in favour of the parent and the spouse, the civil union partner or the cohabitant whose cohabitation is registered under the Cohabitation Act , or the cohabitant whose cohabitation is enrolled by means of a public deed under the Cohabitation Act, 2020 , if the person to be adopted has lived with the said applicants for at least five (5) consecutive years and consents to the adoption; Cap. 602. (iii) in favour of a foster carer who has fostered the person to be adopted for at least the preceding five (5) years, or three (3) years in extraordinary circumstances in accordance with article 54 of the Minor Protection (Alternative Care) Act , if the person to be adopted consents to the adoption; (b) in favour of a person who is in holy orders or bound by solemn religious vows; or (c) in favour of a tutor in respect of the person who is or was under his tutorship, except after having rendered an account of his administration or given adequate guarantee of the re ndering of such account. (3) Subject to the provisions of article 117, an adoption decree shall also not be made - (a) in any case, other than the case of a person conceived and born out of wedlock, except with the consent of every person who is a parent of the person to be adopted and is alive, even if the parent has not yet attained eightee n years of age; (b) in the case of a person conceived and born out of wedlock, except with the consent of the person who gave birth to the child if such person is alive, even if she has not attained eighteen years of age as well as the natural father, if he has acknowledged the person to be adopted as his child; (c) on the application of one of two spouses under the provisions of sub-article (2) of article 114, except with the consent of the other spouse; (d) when the person to be adopted has attained the age of eleven years, except with h is consent and after having been assisted by a children’s advocate. CIVIL CODE [CAP. 16. 55 (4) Subject to the provisions of article 117, before an adoption decree is made th e court shall - (a) hear any person or any other entity who has been entrusted with the care and custody of the child to be adopted; (b) Repealed by Act XXVIII.2024. 5. (c) where the person to be adopted is under tutorship or is living with a person who is not his parent but who has his care and custody in fact, hear the tutor or the person who has such care and custody in fact, as the case may be; (d) hear the child’s advocate and, or social worker appointed by the court to protect the best interests of the child and to secure his representation. Care and possession of persons to be adopted before adoption. Substituted by: VII.1977.3. Amended by: IV .2008.32; XX.2010.3; XXVIII.2024. 6.