QLDIn ForceAct
Adoption Act 2009
sec.200Requirements for making final adoption order
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### sec.200 Requirements for making final adoption order
The court may make a final adoption 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;
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 ;
while the child has been in their custody, the prospective adoptive parents have demonstrated—
their willingness and ability to meet the child’s needs; and
if the child has a particular ethnic or other cultural background, their willingness and ability to—
help the child to maintain contact with the child’s community or language group; and
help the child to develop and maintain a connection with the child’s ethnicity or culture; and
preserve and enhance the child’s sense of ethnic or cultural identity.
- (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) 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 ;
- (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 ;
- (g) while the child has been in their custody, the prospective adoptive parents have demonstrated— (i) their willingness and ability to meet the child’s needs; and (ii) if the child has a particular ethnic or other cultural background, their willingness and ability to— (A) help the child to maintain contact with the child’s community or language group; and (B) help the child to develop and maintain a connection with the child’s ethnicity or culture; and (C) preserve and enhance the child’s sense of ethnic or cultural identity.
- (i) their willingness and ability to meet the child’s needs; and
- (ii) if the child has a particular ethnic or other cultural background, their willingness and ability to— (A) help the child to maintain contact with the child’s community or language group; and (B) help the child to develop and maintain a connection with the child’s ethnicity or culture; and (C) preserve and enhance the child’s sense of ethnic or cultural identity.
- (A) help the child to maintain contact with the child’s community or language group; and
- (B) help the child to develop and maintain a connection with the child’s ethnicity or culture; and
- (C) preserve and enhance the child’s sense of ethnic or cultural identity.
- (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 ;
- (i) their willingness and ability to meet the child’s needs; and
- (ii) if the child has a particular ethnic or other cultural background, their willingness and ability to— (A) help the child to maintain contact with the child’s community or language group; and (B) help the child to develop and maintain a connection with the child’s ethnicity or culture; and (C) preserve and enhance the child’s sense of ethnic or cultural identity.
- (A) help the child to maintain contact with the child’s community or language group; and
- (B) help the child to develop and maintain a connection with the child’s ethnicity or culture; and
- (C) preserve and enhance the child’s sense of ethnic or cultural identity.
- (A) help the child to maintain contact with the child’s community or language group; and
- (B) help the child to develop and maintain a connection with the child’s ethnicity or culture; and
- (C) preserve and enhance the child’s sense of ethnic or cultural identity.