If you wish to adopt as a sole applicant, you may do so with your spouse’s consent as stipulated in the Adoption of Children Act (ACA) 2022 s5(2)(b)(i) or if the consent of your spouse has been dispensed with by the Court as stipulated in s5(2)(b)(ii).

As per the ACA 2022 s5(2)(b)(ii), the Court can decide to dispense with the consent of your spouse if:

- your spouse cannot be found; or

- your spouse is incapable of giving consent; or

- you and your spouse have separated and are living apart and the separation is likely to be permanent.

In such circumstances, you are required to submit an affidavit as stipulated in the ACA 2022 s24(b) to seek the Court’s dispensation of your spouse’s consent. You may wish to seek legal advice regarding the affidavit.