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If, at the commencement of this Act being the 26th March 2001, any child is in the custody of and is being brought up, maintained and educated by any person or by 2 spouses jointly as his or their own child under any de facto adoption, and has for a period of not less than 2 years before such commencement been in such custody, and has been so brought up, maintained and educated, the Court may, upon the application of such person or spouses and notwithstanding that the applicant is a male and the child is a female, make an adoption order authorising him or them to adopt the child without requiring the consent of any parent or guardian of the child to be obtained, upon being satisfied that in all the circumstances of the case it is just and equitable and for the welfare of the child that no such consent should be required and that an adoption order should be made.