16Age of adoptive parents

16 Age of adoptive parents (1) Subject to this section, the Court may only make an order for the adoption of a child where the person or persons in whose favour it is made: (a) has or have attained the age of 25 years; and (b) is or are not less than 25 years older than the child. (2) Where it is the first child to be adopted by the person or persons in whose favour the order for adoption is to be made and that person does not have, or neither of those persons has, the care and custody of a child (including an adopted child) the Court may make an order for the adoption of a child in favour of that person or those persons only if that person or the older of those persons is not more than 40 years older than the child. (3) Where the person or persons, or one of those persons, in whose favour the order for adoption is to be made, has or have the care and custody of a child (including an adopted child), the Court may make an order for the adoption of a child in favour of that person or those persons only if that person or the older of those persons is not more than 45 years older than the child. Part 3 Adoptions under this Act Division 2 Application and assessment Adoption of Children Act 1994 10 (4) Notwithstanding this section, the Court may make an order for the adoption of a child in favour of a person who does not comply with this section where, in the opinion of the Minister, exceptional circumstances exist that make such an order desirable. Division 2 Application and assessment