Section 131: Restrictions on the making of adoption orders

(1) An adoption order shall not be made in respect of a child unless -
(a) the applicant or, in the case of a joint application, one of them, is not less than twenty-five years old and is, at least, twenty-one years older than the child;
(b) the applicant, or in the case of a joint application, both or, at least, one of them and the child are resident in the same State;
(c) the applicant has been resident or, in the case of a joint application, both of them have been resident in the State in which the application is made for a period of, at least, five years;
(d) the applicant is a citizen or, in the case of a joint application, both applicants are citizen of Nigeria;
(e) the child has been in the care of the applicant for a period of at least three consecutive months immediately preceding the date on which the order is made; and
(f) the applicant has, at least twelve months before the making of the order, informed the social welfare officer of his intention to adopt the child.
(2) On the application of a married couple, if they consist of a parent and a step-mother of the child, the Court shall dismiss the application if it considers that the matter would be better dealt with under Part VIII of this Act.