15Adoption by spouse of parent or relative

15 Adoption by spouse of parent or relative (1) Subject to this section, the Court may make an order for the adoption of a child in favour of: (a) the spouse of a parent of the child (whether a birth parent or an adoptive parent and whether alive or dead); or (b) a relative of the child; or (c) the spouse of a relative of the child; or (d) a relative of the child and the relative's spouse jointly. (2) A person mentioned in subsection (1)(b) or (c) does not include a person who has a spouse and who is not living separately and apart from the person's spouse. (3) The Court may not make an order for the adoption of a child in favour of a person or persons mentioned in subsection (1) unless it is satisfied that: (a) the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 (Cth) or the Guardianship of Infants Act 2016 would not make adequate provision for the welfare and interests of the child; and (b) in the opinion of the Minister, exceptional circumstances exist which make the making of an order for the adoption of the child desirable; and (c) an order for the adoption of the child would make better provision for the welfare and interests of the child than an order referred to in paragraph (a).

Part 3 Adoptions under this Act