Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 189

189 Requirements for making final adoption order

(1) The court may make a final adoption order for the child only if it is satisfied of the following matters—

(a) the child is present in Queensland;

(b) the proposed order will promote the child’s wellbeing and best interests;

(c) 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 ;

(d) any adoption plan required under sections 170 to 172 has been agreed;

(e) 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) their commitment to any adoption plan mentioned in paragraph (d) ; and

(iii) 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.

(2) Also, if an interim order is not in force for the child, the court must be satisfied that the chief executive selected the prospective adoptive parents in compliance with part 7 , division 2 .

(3) This section does not apply if the prospective adoptive parent is a person habitually resident in a convention country.

Note—

For the matters applying if the prospective adoptive parents are habitually resident in a convention country, see section 213 .