Australian Capital Territory Consolidated Acts

ADOPTION ACT 1993 - SECT 18

    (1)     Except as provided in this section, an adoption order must not be made otherwise than in favour of 2 people jointly, being a couple—

        (a)     neither of whom is a parent of the child; and

        (b)     who, whether married or not, have lived together in a domestic partnership for a period of not less than 3 years; and

        (c)     who, in the opinion of the court, have demonstrated the stability of, and a commitment to, that relationship.

    (2)     An adoption order must not be made in favour of a person who is not a parent of the child but has a relationship of the kind described in subsection (1) with a parent of the child unless—

        (a)     the instrument of consent shows consent to adoption by that particular person; and

        (b)     the court considers that it would not be preferable to make an order relating to guardianship or custody of the child.

    (3)     Subject to subsection (2), the court may make an adoption order in favour of 1 person only after having regard to the wishes of the birth parents of the child.

    (4)     Except in circumstances described in subsection (2), an adoption order must not be made in favour of 1 person if that person is—

        (a)     married and not living separately and apart from his or her spouse; or

        (b)     in a domestic partnership.

    (5)     An adoption order must not be made in favour of a relative of the child unless—

        (a)     the instrument of consent shows consent to adoption by that particular relative; and

        (b)     the court is of the opinion that—

              (i)     there are circumstances why the relationships within the family of the child should be redefined as such an order would do; and

              (ii)     it would not be preferable to make an order relating to guardianship or custody of the child.