Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 200

200 Requirements for making final adoption order

The court may make a final adoption order only if it is satisfied of the following matters—

(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;

(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;

(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 ;

(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.