Clause 2

by deleting the colon appearing at the end of paragraph (b) of subsection (1) thereof and substituting therefor a full-stop;

by deleting the provisoes to subsection (1) thereof;

by inserting immediately after subsection (1) thereof the following new subsection: —“(2) Notwithstanding the provisions of subsection (1) of this section, it shall be lawful for the court, if it thinks fit, to make an adoption order —

where the applicant is under the age of twenty-five years and less than twenty-one years older than the infant if —

the applicant and the infant are within the prohibited degrees of consanguinity; or

in other special circumstances which justify as an exceptional measure the making of an adoption order where the applicant and the infant are not within the prohibited degrees of consanguinity;

in the case of an application by two spouses jointly where one of the spouses and the infant are within the prohibited degrees of consanguinity, notwithstanding that the other spouse is under the age of twenty-five years and less than twenty-one years older than the infant; and

in the case of an application by two spouses jointly where neither spouse is within the prohibited degrees of consanguinity with the infant, notwithstanding that one or both the spouses are less than twenty-one years older than the infant,”;

by deleting the proviso to subsection (3) thereof and substituting therefor the following: —“Provided that the court may dispense with any consent required by this subsection if the court is satisfied that the person whose consent is to be dispensed with —

has abandoned, neglected, persistently ill-treated the infant or cannot be found and that reasonable notice of the application for an adoption order has been given to the parent or guardian where the parent or guardian can be found;

is unfit by reason of any physical or mental incapacity to have the care and control of the infant; that the unfitness is likely to continue indefinitely; and that reasonable action of the application for an adoption order has been given to the parent or guardian; or

ought, in the opinion of the court and in all the circumstances of the case to be dispensed with, notwithstanding that such person may have made suitable initial arrangements for the infant by placing the infant under the care of the authorities of a children’s home, the Protector of children, or some other person.”; and

by renumbering the existing subsections (2), (3), (4) and (5) thereof as subsections (3), (4), (5) and (6) respectively.