(1) Non-emancipated minors and minors emancipated by judicial decree or with the consent of the father, mother or parents with patria potestas, may be adopted.
(2) Who may not be adopted.— Those persons who have reached legal age as of the date an adoption decree is granted, even though they are minors at the time the petition for adoption is filed, may not be adopted. However, an unmarried emancipated minor or a person of legal age may be adopted, provided it is under one of the following circumstances:
(a) When the adopter has resided in the home of the adopters prior to having attained the age of eighteen (18) and said situation has continued to the date the petition for adoption is filed.
(b) When the adoptee is an emancipated minor who has never been married.
(3) Presently or formerly married persons, even though they may be minors.
(4) An ascendant of the adopter with a relationship of consanguinity or affinity.
(5) A guardian by his ward.
(6) A ward by his guardian, until the final and binding approval by judicial decree of the general and final guardianship account.
An adoption decreed in contravention of the provisions of this section shall be null and void.
History —Civil Code, 1930, added as § 132 on Jan. 19, 1995, No. 8, § 1.