F26[23.— (1) The Authority shall not make an adoption order in respect of a child unless—

(a) the child—

(i) resides in the State, and

(ii) is, at the date of the making of the adoption order, less than 18 years of age,

and

(b) the child has—

(i) in a case where the applicant is a step parent of the child, a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or

(ii) in any other case, been in the care of the applicants for the prescribed period (if any).

(2) The Authority, having regard to the particular circumstances of the case, may make an adoption order in respect of a child notwithstanding that the child has not—

(a) in a case where the applicant is a step parent of the child, a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or

(b) in any other case, been in the care of the applicants for the prescribed period under subsection (1)(b)(ii).]