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