Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 76

76 Eligibility for inclusion in register

(1) A person is eligible to have the person’s name entered or remain in the expression of interest register if—

(a) the person is an adult; and

(b) the person or the person’s spouse is an Australian citizen; and

(c) the person is resident or domiciled in Queensland; and

(d) the person is not pregnant; and

(e) the person is not an intended parent under a surrogacy arrangement within the meaning of the Surrogacy Act 2010 ; and

(f) for a person who has been an intended parent for a surrogacy arrangement within the meaning of the Surrogacy Act 2010 —the surrogacy arrangement ended at least 6 months earlier; and

(g) the person does not have custody of—

(i) a child aged less than 1 year; or

(ii) a child who has been in the person’s custody for less than 1 year; and

(h) for a person who has a spouse—

(i) the person and the spouse made an expression of interest jointly under division 2 ; and

(ii) the spouse is also eligible under paragraphs (a) to (g) ; and

(iii) the person and the spouse are living together.

(2) Subsection (1) (g) does not include children of whom the person is an approved carer.

(3) A person who made an expression of interest jointly with the person’s spouse is not eligible to have the person’s name remain in the expression of interest register if the spouse stops being the person’s spouse.