QLDIn ForceAct
Adoption Act 2009
sec.196Requirements for making interim order
Start here
Get a plain-English read of sec.196
Turn the raw legal text into a practical explanation grounded in Adoption Act 2009.
### sec.196 Requirements for making interim order
The court may make an interim order only if it is satisfied of the following matters—
the child is present in Queensland;
the child is not prevented from residing permanently in Australia—
under a law of the Commonwealth or a State; or
by an order of a court of the Commonwealth or a State;
the competent authority has advised the chief executive that arrangements for the adoption have been made—
under the law of the country; and
if the country is a convention country, under the Hague convention;
the competent authority for the country has agreed to the adoption;
the proposed adoption order will promote the child’s wellbeing and best interests;
if the prospective adoptive parents were selected by the chief executive, they were selected in compliance with part 7 , division 2 ;
each of the prospective adoptive parents—
is an adult; and
is an Australian citizen or has a spouse who is an Australian citizen; and
is resident or domiciled in Queensland; and
is suitable, having regard to the matters stated in part 6 , division 5 ; and
is not pregnant.
s 196 amd 2016 No. 57 s 39
- (a) the child is present in Queensland;
- (b) the child is not prevented from residing permanently in Australia— (i) under a law of the Commonwealth or a State; or (ii) by an order of a court of the Commonwealth or a State;
- (i) under a law of the Commonwealth or a State; or
- (ii) by an order of a court of the Commonwealth or a State;
- (c) the competent authority has advised the chief executive that arrangements for the adoption have been made— (i) under the law of the country; and (ii) if the country is a convention country, under the Hague convention;
- (i) under the law of the country; and
- (ii) if the country is a convention country, under the Hague convention;
- (d) the competent authority for the country has agreed to the adoption;
- (e) the proposed adoption order will promote the child’s wellbeing and best interests;
- (f) if the prospective adoptive parents were selected by the chief executive, they were selected in compliance with part 7 , division 2 ;
- (g) each of the prospective adoptive parents— (i) is an adult; and (ii) is an Australian citizen or has a spouse who is an Australian citizen; and (iii) is resident or domiciled in Queensland; and (iv) is suitable, having regard to the matters stated in part 6 , division 5 ; and (v) is not pregnant.
- (i) is an adult; and
- (ii) is an Australian citizen or has a spouse who is an Australian citizen; and
- (iii) is resident or domiciled in Queensland; and
- (iv) is suitable, having regard to the matters stated in part 6 , division 5 ; and
- (v) is not pregnant.
- (i) under a law of the Commonwealth or a State; or
- (ii) by an order of a court of the Commonwealth or a State;
- (i) under the law of the country; and
- (ii) if the country is a convention country, under the Hague convention;
- (i) is an adult; and
- (ii) is an Australian citizen or has a spouse who is an Australian citizen; and
- (iii) is resident or domiciled in Queensland; and
- (iv) is suitable, having regard to the matters stated in part 6 , division 5 ; and
- (v) is not pregnant.