Section 4
Section 4
(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 ―
(a)
has attained the age of twenty-five and is at least twenty-one years older than the infant; or
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(b)
has attained the age of twenty-one and is a relative of the infant; or
(c)
is the mother or father of the infant.
(2)
Subject to the provisions of section 10, 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.
(3)
Except as provided by subsection (2) of section 3, an adoption order shall not be made authorising more than one person to adopt an infant.
(4)
Subject to the provisions of sections 5 and 10, an adoption order shall not be made ―
(a)
in any case, except with the consent of every person who is a parent or guardian of the infant or who is liable by virtue of any order or agreement to contribute to the maintenance of the infant; or
(b)
on the application of one of the spouses in a monogamous marriage, except with the consent of the other spouse.
(5)
An adoption order shall not be made in respect of any infant unless the applicant and the infant reside in Sabah.
(6)
An adoption order shall not be made in respect of any infant unless ―
(a)
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; and
(b)
the applicant has, at least three months before the date of the order, notified the Director of his intention to apply for an adoption order in respect of the infant.
Consent to adoption.