28Adoption by couple

#### 28 Adoption by couple 28 Adoption by couple (cf AC Act ss 8, 19, 20, 21 (1) (c) (i) (a)) > > (1) Basic requirements Two persons who are a couple may, subject to this Act, adopt a child only if— > > > > > (a) both of them are resident or domiciled in the State, and > > > > > (b) both of them are of good repute and are fit and proper persons to fulfil the responsibilities of parents. > > > (2) Requirements for step parent The Court must not make an order in favour of a couple if one of them is a step parent unless section 30 is complied with. > > > (3) Age requirements The Court must not make an adoption order in favour of a couple if neither of them is a birth parent or relative of the child unless— > > > > > (a) each of them is 21 or more years of age and 18 or more years older than the child, or > > > > > (b) the Court considers that in the particular circumstances of the case it is desirable to make the order even though one or both of them do not fulfil the age requirements. > > > (4) Length of relationship requirement The Court must not make an adoption order in favour of a couple unless the couple have been living together for a continuous period of not less than 2 years immediately before the application for the adoption order. > > > (5) The Court may make an adoption order in favour of a couple jointly even if one of them is a birth parent, or they are the birth parents, of the child. > > Note— > > Couple is defined in the Dictionary. > > **s 28:** Am 2008 No 103, Sch 1 \[5\].