Part 1Adoption
C1Chapter 2The adoption process
The making of adoption orders
I1C1C230C1Adoption by one person
1
An adoption order may be made on the application of a person (“A”) if—
a
A is aged 21 or over,
b
subsection (2), (3), (4) or (5) applies,
c
one of the conditions in subsection (6) is met, and
d
where A is a natural parent of the child to be adopted, subsection (7) applies.
2
This subsection applies if A is not a member of a relevant couple.
3
This subsection applies if—
a
A and another person (“B”) are a relevant couple,
b
B is aged 18 or over,
c
B is a parent of the child to be adopted, and
d
B—
i
is domiciled in a part of the British Islands, or
ii
has been habitually resident in a part of the British Islands for a period of at least one year ending with the date of the application.
4
This subsection applies if—
a
A and B are—
i
married to each other, or
ii
civil partners of each other,
b
B is not a parent of the child to be adopted, and
c
the court is satisfied that—
i
B cannot be found,
ii
A and B have separated and are living apart and the separation is likely to be permanent, or
iii
B is by reason of ill-health (whether physical or mental) incapable of making an application for an adoption order.
5
This subsection applies if—
a
A and B are a relevant couple by virtue of being members of a couple falling within paragraph (c) or (d) of subsection (3) of section 29,
b
B is not a parent of the child to be adopted, and
c
the court is satisfied that B is by reason of ill-health (whether physical or mental) incapable of making an application for an adoption order.
6
Those conditions are—
a
that A is domiciled in a part of the British Islands,
b
that A has been habitually resident in a part of the British Islands for a period of at least one year ending with the date of the application.
7
This subsection applies if the court is satisfied that—
a
the other natural parent is dead,
b
the other natural parent cannot be found,
F1c
by virtue of the provisions specified in subsection (7A), there is no other parent, or
d
the exclusion of the other natural parent from the application for adoption is justified on some other ground.
F27A
The provisions referred to in subsection (7)(c) are—
a
section 28 of the Human Fertilisation and Embryology Act 1990 (disregarding subsections (5A) to (5I) of that section), or
b
sections 34 to 47 of the Human Fertilisation and Embryology Act 2008 (disregarding sections 39, 40 and 46 of that Act).
8
In subsections (3)(c), (4)(b) and (5)(b), “parent” has the meaning given by section 29(4).
Pt. 1 Ch. 2 applied in part (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(1)