15.—(1) An adoption order may be made on the application of one person where he has attained the age of 21 years and—
(a)is not married[F1 or a civil partner], or
(b)is married and the court is satisfied that—
(i)his spouse cannot be found, or
(ii)the spouses have separated and are living apart, and the separation is likely to be permanent, or
(ii)his spouse is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order
[F2, or
(c)is a civil partner and the court is satisfied—
(i)the person’s civil partner cannot be found, or
(ii)the civil partners have separated and are living apart, and the separation is likely to be permanent, or
(iii)the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order, or
(d)the court is satisfied—
(i)the person, and a parent of the child, are a couple, and
(ii)the person is not the child’s parent.]
(2) An adoption order shall not be made on the application of one person unless he is domiciled in a part of the United Kingdom, or in any of the Channel Islands or in the Isle of Man.
(3) An adoption order shall not be made on the application of the mother or father of the child alone unless the court is satisfied that—
(a)the other natural parent is dead or cannot be found[F3 or, by virtue of the provisions specified in paragraph (3A), there is no other parent], or
(b)there is some other reason justifying the exclusion of the other natural parent,
and where such an order is made the reason justifying the exclusion of the other natural parent shall be recorded by the court.
[F4(3A) The provisions referred to in paragraph (3)(a) 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).]
Para. (4) rep. by 1995 NI 2
F2Art. 15(1)(c)(d) and preceding word inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 30(5) (with regs. 6-9)
F3Words in art. 15(3)(a) substituted (6.4.2009 for certain purposes, otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 68(2); S.I. 2009/479, art. 6(1)(e)(f)(2) (with art. 7(1), Sch. 1) (as amended by S.I. 2009/2232, art. 3)
F4Art. 15(3A) inserted (6.4.2009 for certain purposes, otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 68(3); S.I. 2009/479, art. 6(1)(e)(f)(2) (with art. 7(1), Sch. 1) (as amended by S.I. 2009/2232, art. 3)