ADOPTION ACT 1993 - SECT 39F Deciding application for adoption order for child or young person

ADOPTION ACT 1993 - SECT 39F

    (1)     The court must not make an adoption order for a child or young person unless—

        (a)     each consent required under division 3.3 has been given; and

        (b)     the period within which each required consent may be revoked has expired without the consent having been revoked; and

        (c)     after considering the report or reports given to it under section 39D (Report on proposed adoption) or section 57A (Report on child for intercountry adoption) and any other evidence, the court considers that—

              (i)     each applicant is of good reputation and able to fulfil the responsibility of the parent of a child or young person (including protecting a child's or young person's physical and emotional well being); and

              (ii)     each applicant is suitable to adopt the particular child or young person having regard to—

    (A)     the applicant's age, education and attitude to adoption; and

    (B)     the applicant's physical, mental and emotional health, particularly as it impacts on capacity to nurture the child or young person; and

    (C)     any other relevant consideration; and

              (iii)     the adoption is in the best interests of the child or young person.

    (2)     In deciding whether or not to make an adoption order, the court must have regard to—

        (a)     the views expressed by the child or young person in the consultation required under section 39E (Consultation with child or young person before adoption order made); and

        (b)     any preferences expressed in an adoption plan given to the court as part of a report required under section 39D (Report on proposed adoption).

Note     Additional requirements apply to certain intercountry adoptions. See the following sections:

              •     s 57 (3) (Adoption in ACT of ACT child or young person by parents from Convention country);

              •     s 57B (3) (Adoption in ACT of child or young person from Convention country by ACT parents);

              •     s 57J (2) (Adoption in ACT of child or young person from prescribed overseas jurisdiction by ACT parents).