Section 6: Demand for adoption
consolidated text (as at 1998). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
6. Demand for adoption
(1) Notwithstanding the Code Napoléon, no non-citizen shall make an application to the Judge in Chambers for the adoption of a citizen unless he is
authorised in writing to do so by the Council.
(2) Where a non-citizen wishes to adopt a citizen, he shall submit to the
Council a demand on such form as may be approved by the Council together
with the fee and deposit specified in the Schedule.
(3) Upon receipt of a demand under subsection (2), the Council shall
make such inquiry and call for such information in such form as the Council
may deem fit and the Council shall hear, and pronounce itself on, the application within 60 days of the demand.
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(4) Where the Council is satisfied, having regard to all the circumstances
surrounding a demand, that possibilities for placement of the child within
Mauritius have been given due consideration and that the demand will be in
the interests of the child, the Council shall authorise an application for adoption to be made to the Judge in Chambers.
(5) In all other cases, the Council shall notify the non-citizen that his demand has been rejected.
(6) Any person who is aggrieved by the rejection of a demand may appeal
to the Judge in Chambers within 21 days of receipt of the notice of rejection.
(7) A deposit furnished under subsection (2) shall—
(a) where the citizen, in respect of whom an application for adoption has been authorised by the Council, is not permitted to stay
in the country of the applicant, be used to cover the costs and
expenses of his repatriation; or
(b) in any other case, be refunded upon satisfactory evidence being
furnished to the effect that the citizen in respect of whom an
application for adoption has been authorised by the Council has
been allowed to stay in the country of the applicant for an indefinite period.
(8) No person shall remove from Mauritius any citizen in respect of whom
a demand of adoption has been made until an application for adoption to the
Judge in Chambers has been approved.
[S. 6 amended by Act 31 of 1991; Act 3 of 1992; Act 29 of 1992;
Act 40 of 1992; Act 15 of 1998.]