5. Further provisions on eligibility to adopt a child

in the case of an adoption application by 2 applicants jointly —

either applicant is below 25 years of age; or

either applicant is less than 21 years older than the child before the court;

in the case of an adoption application solely by an applicant —

the sole applicant is below 25 years of age; or

the sole applicant is less than 21 years older than the child before the court;

the sole applicant is a male and the child before the court is a female;

either applicant (in the case of a joint application) or the sole applicant (in the case of a sole application) has been convicted of an offence prescribed by the regulations —

whether the offence is committed before, on or after the date that the offence is prescribed; and

whether the offence is committed before, on or after the date of commencement of this section.

in a case where subsection (1)(a) or (b) applies — either of the joint applicants or the sole applicant (as the case may be) and the child are within the prohibited degrees of consanguinity;

in a case where one of the 2 individuals in a marriage described in section 4(1)(a)(i) or (ii) wishes to make an adoption application solely —

the individual’s spouse consents to the sole application; or

the consent of the individual’s spouse is to be dispensed with by the court because —

he or she cannot be found or is incapable of giving such consent; or

the individual and his or her spouse have separated and are living apart and the separation is likely to be permanent;

in a case where subsection (1) applies or the requirements in section 4(1)(a)(iii) or (iv) or (b) are not met — there are special circumstances which justify as an exceptional measure the making of an adoption order.