Queensland Consolidated Acts

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ADOPTION ACT 2009 - SECT 76

76 Eligibility for inclusion in register

(1) A person is eligible to have his or her name entered or remain in the expression of interest register if—

(a) the person is an adult; and
(b) the person or the person's spouse is an Australian citizen; and
(c) the person is resident or domiciled in Queensland; and
(d) for a woman, the person is not pregnant; and
(e) the person is not undergoing fertility treatment and has not undergone fertility treatment within the previous 6 months; and
(ea) the person—
(i) is not an intended parent under a surrogacy arrangement within the meaning of the Surrogacy Act 2010; and
(ii) if the person has been an intended parent for a surrogacy arrangement within the meaning of the Surrogacy Act 2010—the surrogacy arrangement ended not less than 6 months earlier; and
(f) the person does not have custody of—
(i) a child aged less than 1 year; or
(ii) a child who has been in the person's custody for less than 1 year; and
(g) the person has a spouse who—
(i) is also eligible under paragraphs (a) to (f) ; and
(ii) is not the same gender as the person; and
(iii) has been the person's spouse for at least 2 years; and
(h) the person and the person's spouse—
(i) are living together; and
(ii) lived together for a continuous period of at least 2 years up to the time they made an expression of interest under division 2.

(2) Subsection (1)(f) does not include children of whom the person is an approved carer.



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