Adoption Act 1994

In this section —

The CEO is not to place a child with a view to the child’s adoption unless —

the prospective adoptive parent —

is named in a register under section 44(1)(b); and

meets, as far as is practicable, the wishes expressed under section 45(a)(i); and

satisfies the age differential requirement set out in subsection (3); and

if married or in a de facto relationship, can show that the marriage or de facto relationship is stable; and

meets, if relevant, the child’s wishes; and

recognises the value of, and need for, cultural and ethnic continuity for the child; and

shows a desire and ability to continue the child’s established cultural, ethnic, religious or educational arrangements;

where the adoption applications committee has approved the prospective adoptive parent in accordance with section 13(2), the child belongs to a category of children in respect of whom the prospective adoptive parent has been approved for prospective adoptive parenthood; and

where the child is an Aboriginal person or a Torres Strait Islander, the placement is in accordance with the Aboriginal or Torres Strait Islander children — placement for adoption principle as set out in Schedule 2A; and

where the child is 2 or more years of age, the child has had the nature and implications of his or her adoption explained in a manner appropriate to the child’s age and level of understanding; and

where siblings are relinquished for adoption at the same time, all reasonable steps have been taken to place them with the same prospective adoptive parent; and

where the child has a sibling who is already adopted or placed for adoption, all reasonable steps have been taken to place the child with the sibling’s adoptive or prospective adoptive parent.

The requirements of subsection (1) are not affected, and cannot be changed, by any provision of an adoption plan.

For the purposes of subsection (1)(a)(iii) the age differential requirement is that the prospective adoptive parent —

is not more than 45 years older than the child in the case where the prospective adoptive parent is the younger of prospective joint adoptive parents who, as a couple, do not have parental responsibility for another child; or

is not more than 50 years older than the child in the case where the prospective adoptive parent is the younger of prospective joint adoptive parents who, as a couple, have parental responsibility for another child; or

is not more than 45 years older than the child in the case where the prospective adoptive parent is a prospective sole adoptive parent and does not have parental responsibility for another child; or

is not more than 50 years older than the child in the case where the prospective adoptive parent is a prospective sole adoptive parent and has parental responsibility for another child.