Western Australian Current Acts Western Australian Current Acts (1) Subject to
section 78A, an adoption order in relation to a child is not to be made unless
the Court is satisfied that —
(a) each
person whose consent to the child’s adoption is required has given an
effective consent, or the requirement to consent has been dispensed with under
section 24(2); and
(b) any
notice that is required by section 21(1) has been given or the application is
in accordance with an order under section 25(2); and
(c) the
application is in accordance with an order on any application mentioned in
section 21(2)(b) or (c); and
(d)
where the child was placed under section 53, the child was otherwise unable to
be placed; and
(ea) if
a relative or carer of a child wishes to adopt the child, the application is
in accordance with section 55C; and
(e) if
section 56 applied to the child, the placement has been for the required
period or the application is in accordance with an order under section 57; and
(f)
notices required by sections 58(1) and 59(2) have been given or the
application is in accordance with an order under section 60(2); and
(fa) if
a step-parent, relative or carer of a child wishes to adopt the child, the
child’s adoption by the person is preferable to any of the following
orders being made under the Family Law Act 1975 (Commonwealth) or the
Family Court Act 1997 as is relevant to the case —
(i)
a parenting order in respect of the child;
(ii)
an order in respect of the appointment or removal of a
guardian of the child;
and
(fb) if
a relative of a child wishes to adopt the child, there are good reasons to
redefine relationships within the child’s family in the way that the
order would do; and
(fc) if
a relative or carer of a child wishes to adopt the child and the child is the
subject of a protection order (time limited) or protection order (until 18)
under the Children and Community Services Act 2004 , the child’s
adoption would be preferable to the making of a protection order (special
guardianship) under the Children and Community Services Act 2004 in respect
of the child; and
(g) if
the child is habitually resident in a Convention country —
(i)
the arrangements for the adoption of the child have been
made in accordance with the requirements of the Hague Convention; and
(ii)
the arrangements for the adoption of the child are in
accordance with the laws of the Convention country; and
(iii)
the Central Authority of the Convention country has
agreed to the adoption of the child; and
(iv)
the State Central Authority has agreed to the adoption of
the child.
(2) The Court may make
an adoption order in relation to a child if, after having regard to the report
under section 61, the wishes of the parties to the proposed adoption, the
wishes of the parties to the proceedings and any other evidence before the
Court, the Court is satisfied that —
(a)
where the prospective adoptive parent is a step-parent of the child —
(i)
a parent and child relationship exists between the
step-parent and the child, and the child is treated as a member of the family
formed by the marriage, or de facto relationship, of the step-parent and the
child’s parent; and
(ii)
the marriage, or de facto relationship, of the
step-parent and the child’s parent is stable; and
(iii)
the step-parent is a fit and proper person to adopt the
child;
and
(b)
where the prospective adoptive parent has had the child placed in his or her
care with a view to the child’s adoption or is a relative or a carer of
the child —
(i)
the prospective adoptive parent is of good repute and is
a fit and proper person to fulfil the responsibilities of adoptive parenthood;
(ii)
the prospective adoptive parent is a suitable person to
adopt the child having regard to all relevant matters including —
(I) the ages of the child and the
prospective adoptive parent; and
(II) the states of
health of the child and the prospective adoptive parent; and
(III) the ability of
the prospective adoptive parent to satisfy the child’s educational or
future educational requirements; and
(IV) the size and
stability of the prospective adoptive family;
and
(c) if 2
prospective adoptive parents are applying to adopt the child jointly, their
marriage, or de facto relationship, is stable; and
(d) in
every case, the adoption plan —
(i)
adequately balances the rights and responsibilities
mentioned in Schedule 2; and
(ii)
is reasonable in the circumstances; and
(iii)
promotes the child’s long-term welfare.
[Section 68 amended: No. 41 of 1997 s. 16; No. 7
of 1999 s. 12; No. 3 of 2002 s. 17; No. 8 of 2003 s. 37; No. 15 of 2012
s. 43.]