534

No one may be adopted by more than one person, except when the adopters are married to each other, in which case they shall adopt jointly.A spouse may adopt individually in any of the following cases:(1) When wishing to adopt the minor child of the other spouse.(2) When separated from his/her spouse for at least two (2) months prior to the date the petition is filed, in which case the other spouse shall be notified of the petition.The subsequent reconciliation of the married couple shall not impair the right of the petitioner to adopt individually, except when, by mutual agreement, the married couple may adopt jointly if the court so decrees, always giving prime consideration to the welfare and comfort of the adoptee.(3) When the legal capacity of the spouse of the adopter has been restricted by judicial decree, and for the duration of said restriction, in which case, the other spouse shall be notified of the petition.The court shall have discretion to resolve situations such as those provided in this section, always using as a guide its decision, the welfare and convenience of the minor. History —Civil Code, 1930, added as § 133 on Jan. 19, 1995, No. 8, § 1.