Adoption Act 1994

A person may, subject to this Act, adopt a child if he or she —

is a step‑parent of the child and has been married to, or in a de facto relationship with, a parent of the child for at least 3 years; or

is a relative of the child; or

is a carer of the child; or

has, under this Act, had the child placed in his or her care with a view to the child’s adoption by him or her.

Persons referred to in subsection (1)(ba), (b) and (c) and relatives and carers referred to in section 66(2) may, subject to this Act, jointly adopt another person if the first‑mentioned persons, relatives or carers are married to, or in a de facto relationship with, each other and have been so for at least 3 years, but not otherwise.

A child is not to adopt another child.

For the purposes of subsection (1)(a) if the step‑parent is married to a parent of the child and before the marriage those persons were living as de facto partners, the period of living as de facto partners may be included when calculating the period referred to in subsection (1)(a).

For the purposes of subsection (2) if the persons referred to in subsection (1)(ba), (b) and (c) or the relatives or the carers referred to in section 66(2) are married and before the marriage those persons, relatives or carers were living as de facto partners, the period of living as de facto partners may be included when calculating the period referred to in subsection (2).

Subject to section 78A, an adoption order in relation to a child is not to be made unless the Court is satisfied that —

each person whose consent to the child’s adoption is required has given an effective consent, or the requirement to consent has been dispensed with under section 24(2); and

any notice that is required by section 21(1) has been given or the application is in accordance with an order under section 25(2); and

the application is in accordance with an order on any application mentioned in section 21(2)(b) or (c); and

where the child was placed under section 53, the child was otherwise unable to be placed; and

if a relative or carer of a child wishes to adopt the child, the application is in accordance with section 55C; and

if section 56 applied to the child, the placement has been for the required period or the application is in accordance with an order under section 57; and

notices required by sections 58(1) and 59(2) have been given or the application is in accordance with an order under section 60(2); and

if a step-parent, relative or carer of a child wishes to adopt the child, the child’s adoption by the person is preferable to any of the following orders being made under the Family Law Act 1975 (Commonwealth) or the Family Court Act 1997 as is relevant to the case —

a parenting order in respect of the child;

an order in respect of the appointment or removal of a guardian of the child;

if a relative of a child wishes to adopt the child, there are good reasons to redefine relationships within the child’s family in the way that the order would do; and

if a relative or carer of a child wishes to adopt the child and the child is the subject of a protection order (time limited) or protection order (until 18) under the Children and Community Services Act 2004, the child’s adoption would be preferable to the making of a protection order (special guardianship) under the Children and Community Services Act 2004 in respect of the child; and

if the child is habitually resident in a Convention country —

the arrangements for the adoption of the child have been made in accordance with the requirements of the Hague Convention; and

the arrangements for the adoption of the child are in accordance with the laws of the Convention country; and

the Central Authority of the Convention country has agreed to the adoption of the child; and

the State Central Authority has agreed to the adoption of the child.

The Court may make an adoption order in relation to a child if, after having regard to the report under section 61, the wishes of the parties to the proposed adoption, the wishes of the parties to the proceedings and any other evidence before the Court, the Court is satisfied that —

where the prospective adoptive parent is a step‑parent of the child —

a parent and child relationship exists between the step‑parent and the child, and the child is treated as a member of the family formed by the marriage, or de facto relationship, of the step‑parent and the child’s parent; and

the marriage, or de facto relationship, of the step‑parent and the child’s parent is stable; and

the step‑parent is a fit and proper person to adopt the child;

where the prospective adoptive parent has had the child placed in his or her care with a view to the child’s adoption or is a relative or a carer of the child —

the prospective adoptive parent is of good repute and is a fit and proper person to fulfil the responsibilities of adoptive parenthood;

the prospective adoptive parent is a suitable person to adopt the child having regard to all relevant matters including —

the ages of the child and the prospective adoptive parent; and

the states of health of the child and the prospective adoptive parent; and

the ability of the prospective adoptive parent to satisfy the child’s educational or future educational requirements; and

the size and stability of the prospective adoptive family;

if 2 prospective adoptive parents are applying to adopt the child jointly, their marriage, or de facto relationship, is stable; and

in every case, the adoption plan —

adequately balances the rights and responsibilities mentioned in Schedule 2; and

is reasonable in the circumstances; and

promotes the child’s long‑term welfare.

The Court may make an adoption order in relation to a person who is 18 or more years of age if it is satisfied that —

the prospective adoptee and each prospective adoptive parent —

have received the information and, if requested, the counselling mentioned in clause 1 of Schedule 1 on the matters relevant to those parties; and

consent to the proposed adoption;

the welfare and interest of the prospective adoptee will be promoted by the proposed adoption; and

if a prospective adoptive parent is a relative of the prospective adoptee, there are good reasons to redefine the relationships within the prospective adoptee’s family in the way that the order would do; and

notices required by subsection (4) have been given or the application is in accordance with an order under subsection (6).

The Court may request from the CEO a written report in relation to the proposed adoption.

On receipt of a request under subsection (2), the CEO is to appoint a person who the CEO thinks is suitably qualified, to prepare the report.

A person is not to file an application for an adoption order in relation to an adult unless at least 30 days before the application is filed, the person gives notice of the intention to file the application to each of the prospective adoptee’s birth parents in a written notice delivered personally or by registered post to the respective birth parent’s last known address.

A person intending to file an application for an adoption order in relation to an adult may apply to the Court for orders in relation to a requirement to give notice under subsection (4).

On an application under subsection (5) the Court may, on such terms and conditions as it thinks fit —

vary the time for giving the notice; or

dispense wholly or partly with a requirement to give the notice.