Western Australian Current Acts

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ADOPTION ACT 1994 - SECT 67

67 .         Who may adopt

        (1)         A person may, subject to this Act, adopt a child if he or she —

            (a)         is a step-parent of the child and has been married to, or in a de facto relationship with, a parent of the child for at least 3 years; or

            (ba)         is a relative of the child; or

            (b)         is a carer of the child; or

            (c)         has, under this Act, had the child placed in his or her care with a view to the child’s adoption by him or her.

        (2)         Persons referred to in subsection (1)(ba), (b) and (c) and relatives and carers referred to in section 66(2) may, subject to this Act, jointly adopt another person if the first-mentioned persons, relatives or carers are married to, or in a de facto relationship with, each other and have been so for at least 3 years, but not otherwise.

        (3)         A child is not to adopt another child.

        (4)         For the purposes of subsection (1)(a) if the step-parent is married to a parent of the child and before the marriage those persons were living as de facto partners, the period of living as de facto partners may be included when calculating the period referred to in subsection (1)(a).

        (5)         For the purposes of subsection (2) if the persons referred to in subsection (1)(ba), (b) and (c) or the relatives or the carers referred to in section 66(2) are married and before the marriage those persons, relatives or carers were living as de facto partners, the period of living as de facto partners may be included when calculating the period referred to in subsection (2).

        [Section 67 amended: No. 3 of 2002 s. 16; No. 8 of 2003 s. 36; No. 15 of 2012 s. 42.]



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