n Act), the authority to grant an adoption is vested in the King. By a royal decree, dated 13 July 1933, this authority was delegated to the chief administrative officer of a country, the County Governor (fylkesmannen).
Article 5
In paragraph 6 of the Adoption Act it is provided that a person under the age of 20 years may not, as a general rule, be adopted without the consent of his (her) parents. If one of the parents is dead or missing, or is insane or mentally deficient, or has no share in the parental rights in respect of the child, the consent of the other parent is sufficient. If both parents are subject to any of the disabilities mentioned, the consent of the child's legal guardian is required. However, a parent who is deprived of his or her parental rights in respect of the child, shall nevertheless, as far as possible, be given an opportunity to express his (her) opinion before the decision is taken.
The Adoption Act has no provision directly corresponding to Article 5 paragraph 4. In practice, however, the rule is that a mother's consent to the adoption of her child is only accepted when it has been given at such a time after the birth that there is reason to believe that she has had sufficient time to consider carefully the question of adoption. As a rule, therefore, more than 6 weeks are allowed to elapse before her consent is obtained. With a view to ratification of the Convention, the County Governors (fylkesmennene) have been instructed not to grant an adoption unless the consent of the mother has been given more than 6 weeks after the child's birth.
Article 6
This Article corresponds to paragraphs 3 and 4 of the Adoption Act. In accordance with these provisions, a married person may only adopt a child jointly with the spouse, unless the latter is insane or mentally retarded or is missing. A spouse may, however, with the consent of the other spouse adopt the latter's child or adopted child. Two persons who are not married to each other cannot adopt a child jointly. Neither is it possible to re-adopt an adopted child, provided the adopter is alive (and the adoption has not been annulled nor revocated) for anyone else than the spouse of the adopter.
Article 7
In accordance with paragraph 1 of the Adoption Act an adopter must have attained the age of 25 years. This age-requirement cannot be waived.
Article 8
According to paragraph 8 of the Adoption Act an adoption must not be granted unless there is reason to believe that the adoption will be to the child's benefit, and it is either desired that the child be brought up by the adopter, or the child has been brought up by the adopter or his (her) spouse, or there are other special reasons in favour of the adoption. Only exceptionally will an adoption be granted if the difference in age between the adopter and the child is less than the normal difference in age between parents and their children. This may, however, be the case when a stepchild is being adopted, but this type of adoption is also subject to careful examinations.
Article 9
If an adoption is arranged through a public placement bureau, the enquiries mentioned in paragraph 2 of this Article are made by the bureau. Several of the public placement bureaux are headed by the child welfare secretary attached to the office of the County Governor (see below).
No adoption is granted before the local child welfare committee, established in accordance with the Child Welfare Act of 17 July 1953 No. 14, has given its opinion on the petition.
In the office of the County Governor (fylkesmannen) petitions for adoption are handled by a person with special knowledge of child welfare matters, preferably the child welfare secretary, provided he did not take part in the work of the public placement bureau. The person handling a petition may, if necessary, make a more detaile
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