Victorian Consolidated Legislation

Adoption Act 1984 - SECT 12

Orders in favour of relatives

12. Orders in favour of relatives

The Court shall not make an order for the adoption of a child in favour of a
person who, or whose spouse or de facto spouse, is a relative of the child or
in favour of two persons who are, or one of whom is, a relative of the child
unless the Court is satisfied that-

   (a)  the making of an order in relation to the guardianship or custody of
        the child under the Family Law Act 1975 of the Commonwealth as amended
        and in force for the time being in relation to the child would not
        make adequate provision for the welfare and interests of the child;
        and

   (b)  exceptional circumstances exist which warrant the making of an
        adoption order; and



   (c)  the order for the adoption of the child would make better provision
        for the welfare and interests of the child than an order referred to
        in paragraph (a); and



   (d)  in the case of an order in favour of two persons who are living in a
        de facto relationship with each other, one of whom is a relative of
        the child, neither of those persons is married to another person at
        the time that the order is made; and

   (e)  in the case of an order in favour of a person who is living in a de
        facto relationship and whose de facto spouse is a relative of the
        child, neither that person nor his or her de facto spouse is married
        to another person at the time that the order is made.