Queensland Consolidated Acts

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Requirements for making final adoption order

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.

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