South Australian Consolidated Acts South Australian Consolidated Acts10—No adoption order in certain circumstances
(1) The Court will not
make an adoption order in favour of—
(a) a
person who is cohabiting with a birth or adoptive parent of the child in a
marriage relationship; or
(b) a
relative of the child, either solely or jointly with any other person,
unless satisfied that adoption is clearly preferable, in the interests of the
child, to any alternative order that may be made under the laws of the State
or the Commonwealth.
(2) The Court will not
consider an application for adoption made by or on behalf of a person who is
cohabiting with a birth or adoptive parent of the child in a
marriage relationship unless the Family Court of Australia has given that
person leave to proceed with the application for adoption under section 60G of
the Family Law Act 1975 .