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Adoption of Children Act 1994
41Court to be satisfied as to certain matters
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41 Court to be satisfied as to certain matters
(1) The Court shall not make an order for the adoption of a child unless
it has received a report in writing from the Minister concerning the
proposed adoption and, after considering the report and any other
evidence before the Court, it is satisfied that:
(a) the welfare and interests of the child will be promoted by the
adoption;
(b) the applicant or applicants are suitable to adopt the child and
satisfy the requirements of the Act; and
(c) the Minister has ascertained and taken into account the
wishes, if any, of a parent of the child, including wishes in
respect of arrangements between the parent or parents and
any prospective adoptive parent or adoptive parents in respect
of access to the child by, or the giving and receiving of
information about the child to, the first-mentioned parent or
parents.
Part 3 Adoptions under this Act
Division 6 Adoption orders
Adoption of Children Act 1994 22
(2) Subsection (1) does not apply in relation to an order for the
adoption of a child who has attained the age of 18 years before the
making of the order, but the Court shall not make an order for the
adoption of such a child unless it is satisfied:
(a) that the applicant or applicants are suitable to adopt the child
and satisfy the requirements of the Act; and
(b) that exceptional circumstances make it desirable that the child
should be adopted.