Northern Territory Consolidated Acts Northern Territory Consolidated Acts15. Adoption by spouse of parent, &c.
(1) Subject to this section, the Court may make an order for the adoption of a child in favour of -
(a) the spouse of a parent of the child (whether a birth parent or an adoptive parent and whether alive or dead);
(b) a relative of the child;
(c) the spouse of a relative of the child; or
(d) a relative of the child and his or her spouse jointly.
(2) A person referred to in subsection (1)(b) or (c) does not include a person who is married or has entered into a traditional Aboriginal marriage and who is not living separately and apart from his or her spouse.
(3) The Court shall not make an order for the adoption of a child in favour of a person or persons referred to in subsection (1) unless it is satisfied that -
(a) the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 of the Commonwealth or the Guardianship of Infants Act would not make adequate provision for the welfare and interests of the child;
(b) in the opinion of the Minister, exceptional circumstances exist which make the making of an order for the adoption of the child desirable; and
(c) an order for the adoption of the child would make better provision for the welfare and interests of the child than an order referred to in paragraph (a).
(4) Where the Court makes an order for the adoption of a child in favour of the spouse of a parent of the child, the person in whose favour the order is made is deemed to be a parent of the child jointly with the first-mentioned parent and notwithstanding anything to the contrary in this Act or any other law in force in the Territory -
(a) the child is not to be treated in law as if the child were not the child of the first-mentioned parent;
(b) the first-mentioned parent is not to be treated in law as if he or she is not a parent of the child;
(c) the relationship between the child and the first-mentioned parent is not terminated;
(d) where the first-mentioned parent had been the guardian of the child, the order does not terminate the guardianship; and
(e) where the child was the adopted child of the first-mentioned parent, the order does not terminate the adoption,
and section 45 otherwise applies.