QLDIn ForceAct
Adoption Act 2009
sec.92Who may apply
Start here
Get a plain-English read of sec.92
Turn the raw legal text into a practical explanation grounded in Adoption Act 2009.
### sec.92 Who may apply
A person may apply to the chief executive to arrange an adoption by the person of a stated child if—
the person is the spouse of a parent of the child; and
the person, the person’s spouse and the child are living together; and
paragraphs (a) and (b) have applied for a continuous period of at least 3 years up to the time of the application; and
the person has been granted leave under the Family Law Act 1975 (Cwlth) , section 60G (1) ; and
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 child is at least 5 years old and has not yet turned 17.
Despite subsection (1) (h) , the chief executive may accept an application relating to a child who has turned 17 if the chief executive considers—
there is enough time to complete the adoption process before the child turns 18; and
An adult may not be adopted. See section 10 (3) .
the grounds for making an adoption order in favour of the applicant are likely to exist.
In this section—
parent does not include guardian.
s 92 amd 2016 No. 57 s 18
(sec.92-ssec.1) A person may apply to the chief executive to arrange an adoption by the person of a stated child if— the person is the spouse of a parent of the child; and the person, the person’s spouse and the child are living together; and paragraphs (a) and (b) have applied for a continuous period of at least 3 years up to the time of the application; and the person has been granted leave under the Family Law Act 1975 (Cwlth) , section 60G (1) ; and 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 child is at least 5 years old and has not yet turned 17.
(sec.92-ssec.2) Despite subsection (1) (h) , the chief executive may accept an application relating to a child who has turned 17 if the chief executive considers— there is enough time to complete the adoption process before the child turns 18; and An adult may not be adopted. See section 10 (3) . the grounds for making an adoption order in favour of the applicant are likely to exist.
(sec.92-ssec.3) In this section— parent does not include guardian.
- (a) the person is the spouse of a parent of the child; and
- (b) the person, the person’s spouse and the child are living together; and
- (c) paragraphs (a) and (b) have applied for a continuous period of at least 3 years up to the time of the application; and
- (d) the person has been granted leave under the Family Law Act 1975 (Cwlth) , section 60G (1) ; and
- (e) the person is an adult; and
- (f) the person or the person’s spouse is an Australian citizen; and
- (g) the person is resident or domiciled in Queensland; and
- (h) the child is at least 5 years old and has not yet turned 17.
- (a) there is enough time to complete the adoption process before the child turns 18; and Note— An adult may not be adopted. See section 10 (3) .
- (b) the grounds for making an adoption order in favour of the applicant are likely to exist.