Section 4 — Adoption Act 1955: Restrictions on making adoption orders

4 Restrictions on making adoption orders (1) Except in special circumstances, an adoption order shall not be made in respect of a child unless the applicant or, in the case of a joint application, one of the applicants— (a) Has attained the age of 25 years and is at least 20 years older than the child; or (b) Has attained the age of 20 years and is a relative of the child; or (c) Is the mother or father of the child. (2) An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant who is a male unless the Court is satisfied that the applicant is the father of the child or that there are special circumstances which justify the making of an adoption order. (3) Except as provided in subsection (2) of section 3 of this Act, an adoption order shall not be made providing for the adoption of a child by more than one person. (4) Any adoption order made in contravention of this section shall be valid, but may be discharged by the Court under section 20 of this Act. (5) Where any adoption order made in contravention of this section provides for the adoption of a child by more than one person, the High Court may, on the application of any such person made at any time while the adoption order remains in force, make such provision as appears just with respect to the role of providing day-to-day care for the child, and with respect to the maintenance and education of the child. Compare: 1908 No 86 ss 16, 17, 19; Adoption Act 1950, s 2 (UK) Subsection (1)(a) and (b) were amended by section 6 Age of Majority Act 1970 (1970 No 137) by substituting the expression “ 20 ” for the word “ twenty-one ” . The words “ High Court ” in subsection (1) were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). Subsection (5) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ role of providing day-to-day care for the child, and with respect to the maintenance and ” for the words “ custody, maintenance, and ” .