South Australian Consolidated Acts South Australian Consolidated Acts11—Adoption of Aboriginal child
(1) The Court will not
make an order for the adoption of an Aboriginal child 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) Subject to
subsection (3), an order for the adoption of an Aboriginal child will not
be made except in favour of a member of the child's Aboriginal community who
has the correct relationship with the child in accordance with Aboriginal
customary law or, if there is no such person seeking to adopt the child, some
other Aboriginal person.
(3) An order for the
adoption of an Aboriginal child may be made in favour of a person who is not
an Aboriginal person if the Court is satisfied—
(a) that
there are special circumstances justifying the making of the order; and
(b) that
the child's cultural identity with the Aboriginal people will not be lost in
consequence of the adoption.