11Persons in whose favour adoption orders may be made

11 Persons in whose favour adoption orders may be made S. 11(1) amended by No. 68/2015 s. 7(1). (1) An adoption order may be made in favour of 2 persons— (a) who are married to each other and have been so married for not less than two years; or S. 11(1)(b) amended by No. 72/1997 s. 6(1). (b) whose relationship is recognized as a traditional marriage by an Aboriginal community or an Aboriginal group to which they belong and has been so recognized for not less than two years; or S. 11(1)(ba) inserted by No. 68/2015 s. 7(2). (ba) who are in a registered domestic relationship with each other and have been so for not less than 2 years; or S. 11(1)(c) inserted by No. 72/1997 s. 6(1), amended by No. 68/2015 s. 7(3). (c) who are living in a domestic relationship and have been so living for not less than 2 years; or S. 11(1)(d) inserted by No. 72/1997 s. 6(1). (d) who have been living with each other in any combination of the relationships referred to in paragraphs (a) to (c) and have been so living for not less than 2 years— before the date on which the order is made. S. 11(1A) inserted by No. 72/1997 s. 6(2), substituted by No. 68/2015 s. 7(4). (1A) The Court must not make an adoption order under subsection (1) in relation to 2 persons in a domestic relationship unless the Court is satisfied that, at the time that the order is made, neither person— (a) is married to another person; or (b) is in a registered domestic relationship with another person. (2) The Court shall not make an adoption order in favour of a person who is, or persons either of whom is, the mother of the child or a man who, under section 33(3), is an appropriate person to give consent to the adoption of the child. (3) Subject to this section, where the Court is satisfied that special circumstances exist in relation to the child which make it desirable so to do, the Court may make an adoption order in favour of one person. S. 11(4) amended by Nos 67/1987 s. 4(1)(a), 72/1997 s. 6(3)(a), substituted by No. 68/2015 s. 7(5). (4) The Court shall not make an adoption order in favour of one person if that person— (a) is married or is in a registered domestic relationship unless that person is living separately and apart from that person's spouse or domestic partner (as the case may be); or (b) is married or is in a registered domestic relationship, and is living with that person's spouse or domestic partner (as the case may be), except with the consent of that person's spouse or domestic partner; or (c) is living in a domestic relationship and has been so living for not less than 2 years, except with the consent of that person's domestic partner. S. 11(5) amended by Nos 72/1997 s. 6(3)(b)(i)(ii), 68/2015 s. 7(6). (5) The spouse or domestic partner of a parent or of an adoptive parent of a child may make an application to the Court under this Act for an order for the adoption of the child by that spouse or domestic partner. S. 11(6) substituted by No. 67/1987 s. 4(1)(b), amended by Nos 72/1997 s. 6(3)(c)(i)(ii), 68/2015 s. 7(7). (6) Where an application is made under subsection (5) by the spouse or domestic partner of a parent or of an adoptive parent of a child, the Court must not make an order for the adoption of the child solely by that spouse or domestic partner unless it is satisfied that— S. 11(6)(a) amended by No. 72/1997 s. 13(a). (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 S. 11(6)(c) amended by No. 72/1997 s. 6(3)(d). (c) an 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. 11(6)(d) inserted by No. 72/1997 s. 6(3)(d), substituted by No. 68/2015 s. 7(8). (d) in the case of an order in favour of the domestic partner of a parent or adoptive parent, at the time that the order is made the domestic partner is neither married to, nor in a registered domestic relationship with, a person who is not the parent or adoptive parent of the child. S. 11(7) inserted by No. 67/1987 s. 4(1)(b), amended by Nos 72/1997 s. 6(3)(e), 68/2015 s. 7(9). (7) If an order for the adoption of a child is made under subsection (6), the spouse or domestic partner shall be deemed to be a parent of the child jointly with that parent or adoptive parent as if the spouse or domestic partner and that parent or adoptive parent had been married to each other at the time the child was born but notwithstanding anything in section 53— (a) the child is not to be treated in law as if the child were not the child of that parent or adoptive parent; and (b) that parent or adoptive parent is not to be treated in law as if the parent or adoptive parent were not a parent of that child; and (c) the relationship between the child and that parent or adoptive parent is not terminated; and (d) if that parent or adoptive parent had been the guardian of the child, the order does not terminate the guardianship; and (e) if the child were the adopted child of that adoptive parent, the order does not terminate that adoption. S. 12 amended by Nos 67/1987 s. 4(2), 72/1997 s. 7(1), 68/2015 s. 8(1).