ADOPTION ACT 1984 - SECT 12 Orders in favour of relatives
ADOPTION ACT 1984 - SECT 12
Orders in favour of relativesThe Court shall not make an order for the adoption of a child in favour of a person who, or whose spouse or domestic partner, 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—
S. 12(a) inserted by No. 67/1987 s. 4(2), amended by No. 72/1997
s. 13(b).
(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
S. 12(b) inserted by No. 67/1987 s. 4(2).
(b) exceptional circumstances exist which warrant the making of an adoption order; and
S. 12(c) inserted by No. 67/1987 s. 4(2), amended by No. 72/1997
s. 7(2).
(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
S. 12(d) inserted by No. 72/1997
s. 7(2), substituted by No. 68/2015 s. 8(2).
(d) in the case of an order in favour of 2 persons who are in a domestic relationship with each other, neither of those persons, at the time that the order is made—
(i) is married to another person; or
(ii) is in a registered domestic relationship with another person; and
S. 12(e) inserted by No. 72/1997
s. 7(2), substituted by No. 68/2015 s. 8(2).
(e) in the case of an order in favour of a person who is in a domestic relationship and whose domestic partner is a relative of the child, neither that person nor that person's domestic partner, at the time that the order is made—
(i) is married to another person; or
(ii) is in a registered domestic relationship with another person.
S. 13 substituted by No. 67/1987
s. 5,
repealed by No. 72/1997
s. 8, new s. 13 inserted by No. 32/2000 s. 11.