QLDIn ForceAct
Adoption Act 2009
sec.76Eligibility for inclusion in register
Start here
Get a plain-English read of sec.76
Turn the raw legal text into a practical explanation grounded in Adoption Act 2009.
### sec.76 Eligibility for inclusion in register
A person is eligible to have the person’s name entered or remain in the expression of interest register if—
the person is an adult; and
the person or the person’s spouse is an Australian citizen; and
the person is resident or domiciled in Queensland; and
the person is not pregnant; and
the person is not an intended parent under a surrogacy arrangement within the meaning of the Surrogacy Act 2010 ; and
for a person who has been an intended parent for a surrogacy arrangement within the meaning of the Surrogacy Act 2010 —the surrogacy arrangement ended at least 6 months earlier; and
the person does not have custody of—
a child aged less than 1 year; or
a child who has been in the person’s custody for less than 1 year; and
for a person who has a spouse—
the person and the spouse made an expression of interest jointly under division 2 ; and
the spouse is also eligible under paragraphs (a) to (g) ; and
the person and the spouse are living together.
Subsection (1) (g) does not include children of whom the person is an approved carer.
A person who made an expression of interest jointly with the person’s spouse is not eligible to have the person’s name remain in the expression of interest register if the spouse stops being the person’s spouse.
s 76 amd 2010 No. 2 s 67 ; 2016 No. 57 s 13
(sec.76-ssec.1) A person is eligible to have the person’s name entered or remain in the expression of interest register if— the person is an adult; and the person or the person’s spouse is an Australian citizen; and the person is resident or domiciled in Queensland; and the person is not pregnant; and the person is not an intended parent under a surrogacy arrangement within the meaning of the Surrogacy Act 2010 ; and for a person who has been an intended parent for a surrogacy arrangement within the meaning of the Surrogacy Act 2010 —the surrogacy arrangement ended at least 6 months earlier; and the person does not have custody of— a child aged less than 1 year; or a child who has been in the person’s custody for less than 1 year; and for a person who has a spouse— the person and the spouse made an expression of interest jointly under division 2 ; and the spouse is also eligible under paragraphs (a) to (g) ; and the person and the spouse are living together.
(sec.76-ssec.2) Subsection (1) (g) does not include children of whom the person is an approved carer.
(sec.76-ssec.3) A person who made an expression of interest jointly with the person’s spouse is not eligible to have the person’s name remain in the expression of interest register if the spouse stops being the person’s spouse.
- (a) the person is an adult; and
- (b) the person or the person’s spouse is an Australian citizen; and
- (c) the person is resident or domiciled in Queensland; and
- (d) the person is not pregnant; and
- (e) the person is not an intended parent under a surrogacy arrangement within the meaning of the Surrogacy Act 2010 ; and
- (f) for a person who has been an intended parent for a surrogacy arrangement within the meaning of the Surrogacy Act 2010 —the surrogacy arrangement ended at least 6 months earlier; and
- (g) the person does not have custody of— (i) a child aged less than 1 year; or (ii) a child who has been in the person’s custody for less than 1 year; and
- (i) a child aged less than 1 year; or
- (ii) a child who has been in the person’s custody for less than 1 year; and
- (h) for a person who has a spouse— (i) the person and the spouse made an expression of interest jointly under division 2 ; and (ii) the spouse is also eligible under paragraphs (a) to (g) ; and (iii) the person and the spouse are living together.
- (i) the person and the spouse made an expression of interest jointly under division 2 ; and
- (ii) the spouse is also eligible under paragraphs (a) to (g) ; and
- (iii) the person and the spouse are living together.
- (i) a child aged less than 1 year; or
- (ii) a child who has been in the person’s custody for less than 1 year; and
- (i) the person and the spouse made an expression of interest jointly under division 2 ; and
- (ii) the spouse is also eligible under paragraphs (a) to (g) ; and
- (iii) the person and the spouse are living together.