Revised Laws of Saint Lucia (2021)

118D.   RESTRICTION ON MAKING ADOPTION ORDER

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    (1)   An adoption order shall not be made in respect of an infant unless the applicant or, in the case of a joint application, one of the applicants —

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      (a)     has attained the age of twenty-five years and is at least twenty-one years older than the infant;

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      (b)     has attained the age of twenty-one years and is a relative of the infant; or

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      (c)     is the mother or father of the infant.

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    (2)   An adoption order shall not be made in respect of an infant who is a female in favour of a sole applicant who is a male, unless the Court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order.

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    (3)   Subject to section 118C(2), an adoption order shall not be made authorizing more than one person to adopt an infant.

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    (4)   Subject to section 118C, an adoption order shall not be made —

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      (a)     in any case, except with the consent of every person who is a parent or tutor of the infant or who is liable by virtue of an order or agreement to contribute to the maintenance of the infant; and

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      (b)     on the application of one of two spouses, except with the consent of the other spouse.

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    (5)   An adoption order shall not be made in Saint Lucia unless the applicant and the infant reside in Saint Lucia, except where the applicant is the father, mother, or relative of the infant or is a citizen of Saint Lucia.

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    (6)   An adoption order shall not be made in respect of an infant unless the infant has been continuously in the care and possession of the applicant for at least three consecutive months immediately preceding the date of the order, except where the applicant is the father, mother or relative of the infant.

(Inserted by Act 20 of 2019)