Section 8 of the Adoption of Children Act (Chapter 275) sets two age requirements.
The Court shall not make an adoption order in respect of a child in favour of a person who, or persons either of whom —
(a) has not attained the age of 21 years; or
(b) being a male person, is less than 18 years older than the child, or, being a female person, is less than 16 years older than the child,
unless the applicant, or at least one of the applicants, is a natural parent of the child, or the Court considers that there are exceptional circumstances that justify making the adoption order.
Reading the section
| Requirement | Male adopter | Female adopter |
|---|---|---|
| Minimum age — para (a) | 21 | 21 |
| Age gap from the child — para (b) | At least 18 years older | At least 16 years older |
On a joint application by a husband and wife under section 7(1), both must satisfy both requirements. The words are “persons either of whom” — a failure by one defeats the application.
So an application by a husband of 35 and a wife of 20 fails on paragraph (a), unless one of the two exceptions applies.
Paragraph (b) reproduces the difference in section 7 of the Marriage Act (Chapter 280), where marriageable age is 18 for a man and 16 for a woman. The gap in each case is the age at which a person of that sex could have become a parent under the marriage law.
The purpose is to keep the adoptive relationship plausible as a parental one. A man of 30 adopting a person of 20 would be only ten years older, which paragraph (b) treats as inconsistent with the relationship section 28 creates — the child becoming the child of the adopters as if born to them in lawful wedlock.
The two escapes from section 8
Where the applicant, or at least one of the applicants, is a natural parent of the child, neither requirement applies.
Where the Court considers that there are exceptional circumstances that justify making the adoption order.
It works with section 7(4), which allows an order in favour of a husband and wife jointly notwithstanding that one of them is a natural parent.
A young mother of 19 who marries and applies jointly with her husband to adopt her own child is relieved of section 8 by exception 1. Without it, section 8(a) would defeat the application.
The same pattern runs through the Act. Section 9(4)(b) removes the medical report requirement where the adopters include a parent or relative, and section 16(2) allows a consent to be expressed in favour of a parent or relative rather than being general.
“Exceptional circumstances that justify making the adoption order” is not confined to any category. It might cover a relative who has raised the child but falls a year short of the age gap, or an adult adoption under section 6(1)(b) where the applicants brought the person up but the arithmetic does not work.
The circumstances must be exceptional, and they must justify making the order — which brings in section 5: the welfare and interest of the child as the paramount consideration.
Section 8 in context
Section 6 — who may be adopted: under 21 at filing, or a person raised as the applicants’ child; never a person who is or has been married.
Section 7 — in whose favour: a husband and wife jointly, or one person on exceptional circumstances.
Section 8 — the ages of the adopters.
Section 9 — the Director’s written report, and the Court’s satisfaction as to repute, suitability and the child’s welfare.
All four are subject to section 5, and all four apply only to statutory adoption under Part III. Adoption by custom under Part VI is governed by custom, not by these sections — which is one reason the customary route remains the ordinary one in Papua New Guinea.
Sources
- Adoption of Children Act (Chapter 275) — ss 5–9, 16, 28, 52–58
- Marriage Act (Chapter 280) — s 7
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.