CAP. 141 Children [Rev. 2012] (2) An adoption order shall not be made in favour of the following persons unless the court is satisfied that there are special circumstances that justify the making of an adoption order— (a) A sole male applicant in respect of a female child; (b) a sole female applicant in respect of a male child; (c) an applicant or joint applicants who has or both have attained the age of sixty-five years; (d) a sole foreign female applicant. (3) An adoption order shall not be made if the applicant or, in the case of joint applicants, both or any of them— (a) is not of sound mind within the meaning of the Mental Health Act (Cap. 248); (b) has been charged and convicted by a court of competent jurisdiction for any of the offences set out in the Third Schedule to this Act or similar offences; (c) is a homosexual; (d) in the case of joint applicants, if they are not married to each other; (e) is a sole foreign male applicant: Provided that the court may refuse to make an adoption order in respect of any person or persons if it is satisfied for any reason that it would not be in the best interests of the welfare of the child to do so. (4) Subject to section 159 an adoption application shall be accompanied by the following written consents to the making of an adoption order in respect of any child— (a) the consent of every person who is a parent or guardian of the child or who is liable by virtue of any order or agreement to contribute to the maintenance of the child; (b) in the case of a child born out of wedlock whose mother is a child, with the consent of the parents or guardian of the mother of the child; (c) in the case of a child born out of wedlock whose father has acquired parental responsibility in respect of the child under the provisions of this Act, with the consent of the father; (d) on the application of one of the spouses, with the consent of the other spouse; (e) in the case of two spouses who are not Kenyan citizens and who are not resident in Kenya, with the consent of the court of competent jurisdiction or of a government authority situated in the country where both or one of the spouses is ordinarily resident, permitting the spouses to adopt a foreign child; (f) in the case of a child who has attained the age of 14 years, with the consent of the child. [Issue 1] C15 - 72