Queensland Consolidated Acts

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ADOPTION ACT 2009 - SECT 92

92 Who may apply

(1) A person may apply to the chief executive to arrange an adoption by the person of a stated child if—

(a) the person is the spouse of a parent of the child; and
(b) the person, the person's spouse and the child are living together; and
(c) paragraphs (a) and (b) have applied for a continuous period of at least 3 years up to the time of the application; and
(d) the person has been granted leave under the Family Law Act 1975 (Cwlth), section 60G(1); and
(e) the person is an adult; and
(f) the person or the person's spouse is an Australian citizen; and
(g) the person is resident or domiciled in Queensland; and
(h) the person's spouse is not the same gender as the person; and
(i) the child is at least 5 years old and has not yet turned 17.

(2) Despite subsection (1)(i), the chief executive may accept an application relating to a child who has turned 17 if the chief executive considers—

(a) there is enough time to complete the adoption process before the child turns 18; and
Note—
An adult may not be adopted. See section 10(3).
(b) the grounds for making an adoption order in favour of the applicant are likely to exist.

(3) In this section—

parent does not include guardian.



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