Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) An adoption order must not be made if the child has not attained the age of 18 years unless—
(a) the chief executive, or the principal officer of a private adoption agency that made the arrangements that have resulted in the application, has made a report in writing to the court concerning the circumstances of the child and the proposed adoption; and
(b) the period within which any consent required may be revoked has expired without that consent having been revoked; and
(c) after considering the report and any other evidence, the court is of the opinion that—
(i) the applicants are of good repute and are fit and proper to fulfil the responsibilities of parents of a child (including protecting a child's physical and emotional wellbeing); and
(ii) the applicants are suitable to adopt the particular child having regard to their—
(A) ages, education and attitudes to adoption; and
(B) physical, mental and emotional health, particularly as it impacts on capacity to nurture the child; and
(C) any other relevant consideration; and
(iii) the welfare and interests of the child will be promoted by the making of the order.
(2) In deciding whether or not to make an adoption order, the court must have regard to—
(a) where it is appropriate given the age and understanding of the child—the wishes of the child; and
(b) any wishes expressed in an instrument of consent, including wishes about—
(i) the racial or ethnic background of the proposed adoptive parents; or
(ii) the religious upbringing of the child after adoption; or
(iii) whether a single person might adopt the child.
(3) If a child is under the guardianship of an authority in a State or another Territory having functions under the law of that State or Territory corresponding to those of the chief executive, the court may consider a report from that authority concerning the circumstances of the child and the proposed adoption either in addition to or instead of a report referred to in subsection (1) (a), and in such a case the reference to a report in subsection (1) (c) must be construed accordingly.
(4) For ascertaining the wishes of the child under subsection (2) (a), or any other relevant consideration in relation to the welfare and interests of the child, the court may inform itself in any way it thinks fit.