Section 9 of the Adoption of Children Act (Chapter 275) is the substantive test for an adoption order.
Section 9(1) — a written report is mandatory
The Court shall not make an order for the adoption of a child unless the Director has made a written report to the Court concerning the proposed adoption and, after considering the report and any other evidence, the Court is satisfied that —
(a) the applicants are of good repute and are fit and proper persons to fulfil the responsibilities of parents of a child; and
(b) the applicants are suitable persons to adopt the child, having regard to —
(i) all relevant considerations, including the age, state of health, education (if any) and religious upbringing or convictions (if any) of the child and of the applicants; and
(ii) any wishes expressed by a parent or guardian, in an instrument of consent, with respect to the religious upbringing of the child; and
(c) the welfare and interests of the child will be promoted by the adoption.
Paragraph (a) asks about the applicants in themselves: are they of good repute, and fit and proper to be parents of a child? That is a general assessment of character and capacity.
Paragraph (b) asks whether they are suitable to adopt this child — matching the applicants to the particular child by age, health, education and religion.
Paragraph (c) is the outcome question, and it applies section 5’s paramountcy principle to the decision. Note the word “promoted”: it is not enough that the adoption would do no harm.
A parent or guardian giving consent may express wishes about the child’s religious upbringing, and the Court must have regard to them.
This is the one respect in which a consenting parent may shape the child’s future after adoption. It is not binding — it is a matter to have regard to — but it must be considered, and the wishes must be expressed in the instrument of consent itself.
Where the consent is a general consent under section 16(1), the parent does not know who the adopters will be, so a wish about religion is the only influence available.
Sections 9(3) and (4)
The Court shall not make an order unless it has received a report in the prescribed form as to the physical and mental condition of the child, signed by a medical practitioner who examined the child not more than 30 days before the date on which the application was filed.
Subsection (3) does not apply to the proposed adoption of a child —
(a) who has attained the age of 21 years; or
(b) by a person who is a relative of the child, or by two persons one of whom is a parent or relative of the child.
The medical report exists so that prospective adopters who do not know the child are told the child’s condition before taking on a lifelong responsibility.
Exception (b) removes it where the adopters are already a parent or relative — they know the child. “Relative” is defined in section 1 as a grandparent, brother, sister, uncle or aunt, of the whole or half blood or by affinity.
Exception (a) removes it for an adult adoption. The same relaxation appears in section 8 and in section 16(2).
The 30-day window before filing keeps the report current.
Section 9(2) — a different test for a person over 21
Subsection (1) does not apply to an order under section 6(1) for the adoption of a child who has attained the age of 21 years before the date of the making of the order — but the Court shall not make an adoption order in such a case unless it is satisfied that —
(a) the applicants are of good repute; and
(b) exceptional circumstances make it desirable that the child should be adopted.
| Requirement | Child under 21 | Person over 21 |
|---|---|---|
| Director’s written report | Required | Not required |
| Good repute | Required | Required |
| Fit and proper to be parents; suitable for this child | Required | Not required |
| Welfare and interests promoted | Required | Not required as such |
| Exceptional circumstances making adoption desirable | — | Required |
| Medical report | Required, unless s 9(4)(b) | Not required |
| Parental consent | Required — s 15 | Not required — s 15(4) |
The elaborate welfare inquiry in section 9(1) exists to protect a child who cannot protect themselves. An adult can.
So the Act replaces it with two simple conditions: good repute, and exceptional circumstances making adoption desirable. The typical case is section 6(1)(b) — a person brought up, maintained and educated by the applicants as their child, seeking formal recognition of what has always been true.
Everything in section 9 is subject to section 5: the welfare and interest of the child concerned shall be regarded as the paramount consideration. Section 66 allows the Director to appear at any hearing, and section 64 provides that the contents of reports are not to be disclosed.
Sources
- Adoption of Children Act (Chapter 275) — ss 1, 5–9, 15, 16, 64, 66
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.