South Australian Consolidated Acts

ADOPTION ACT 1988 - SECT 12

12—Criteria affecting prospective adoptive parents

        (1)         Subject to this section, an adoption order will not be made except in favour of two persons who have been cohabiting together in a marriage relationship for a continuous period of at least five years.

        (2)         An adoption order may be made in favour of two persons who have been cohabiting together in a marriage relationship for a continuous period of less than five years if the Court is satisfied that there are special circumstances justifying the making of the order.

        (3)         An adoption order may be made in favour of one person where—

            (a)         that person has cohabited with a birth or adoptive parent of the child in a marriage relationship for a continuous period of at least five years; or

            (b)         the Court is satisfied that there are special circumstances justifying the making of the order.

        (4)         Where two persons are cohabiting in a marriage relationship, an adoption order will not be made except in favour of both or in the circumstances described in subsection (3)(a).

        (5)         An adoption order will not be made in favour of a person who is lawfully married but not cohabiting with his or her spouse unless the Court is satisfied, after interviewing the spouse of the person in private, that the spouse consents to the adoption.