← belizelaw.ai · Families And Children, Cap. 173 · PART X — Adoption

Restriction on making adoption order

Cap. 173, s. 135 · Revised Edition 2020

(1) An adoption order shall not be made unless the applicant, or, in the case of a joint application, one of the applicants has attained the age of twenty-five years and is at least twelve years older than the child. However, where the applicant and the child is within the prohibited degree of consanguinity, the court may, if it thinks fit, make an order 74 notwithstanding that the applicant is less than twelve years older than the child. (2) An adoption order shall not be made in respect of a child who is female, in favour of a sole applicant who is male, unless the court is satisfied that there are special circumstances which justify the making of an adoption order (such as in cases of serious disability, or where the applicant and the child are within the prohibited degree of consanguinity). (3) Subject to section 136, an adoption order shall not be made except, (a) with the consent of every person or body who is a parent or guardian of the child or who has the actual custody of the child or who is liable to contribute to the support of the child; (b) on the application of one or two spouses, with the consent of the other spouse. (4) An adoption order shall not be made unless the social services practitioner or an approved organization has submitted a report to the court on the suitability of the applicant for adopting the child. (5) Subject to section 137 of this Act, an adoption order shall not be made unless the applicant and the child are Belizean citizens. (6) In circumstances where the applicant for an adoption is a non- resident Belizean citizen, such an applicant shall be required to provide a current recommendation concerning his suitability to adopt a child from the probation or other competent authority of the country where he currently resides. (7) For the purposes of an application under subsection (6) of this section, a social services practitioner shall be required to verify in writing (at the cost of the applicant) the recommendation referred to in the said subsection, and the social services practitioner shall submit to the court a report of the findings of his inquiry.
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