Contents (2000 - 75)
Adoption Act 2000 No 75
90 Court to be satisfied as to certain matters
(cf AC Act s 21)
(1) The Court must not make an adoption order in relation to a child unless the Court is satisfied:(a) that the best interests of the child will be promoted by the adoption, and(b) that, as far as practicable and having regard to the age and understanding of the child, the wishes and feelings of the child have been ascertained and due consideration given to them, andNote.Sections 127–129 contain provisions about ascertainment of the wishes of a child by the Court.(c) if the prospective adoptive parent or parents are persons other than a step parent or relative of the child—that the prospective adoptive parent or parents have been selected in accordance with this Act, andNote.See Part 3 of this Chapter.(d) that consent to the adoption of the child has been given by every person whose consent is required under this Act or that consent has been, or should be, dispensed with, and(e) if the child is an Aboriginal child—that the Aboriginal child placement principles have been properly applied, and(f) if the child is a Torres Strait Islander child—that the Torres Strait Islander child placement principles have been properly applied, and(g) if the child is a non-citizen child from a Convention country or other country outside Australia—that the applicable requirements of this Act and any other relevant law have been satisfied, andNote.See for example, section 31.(h) in the case of a child (other than an Aboriginal or Torres Strait Islander child)—that the culture, any disability, language and religion of the child and, as far as possible, that the child’s given names, identity, language and cultural and religious ties have been taken into account in the making of any adoption plan in relation to the adoption.(2) The Court may not make an adoption order if the parties to the adoption have agreed to an adoption plan unless it is satisfied that the arrangements proposed in the plan are in the child’s best interests and are proper in the circumstances.(3) The Court may not make an adoption order unless it considers that the making of the order would be clearly preferable in the best interests of the child than any other action that could be taken by law in relation to the care of the child.Note.Other action that could be taken in relation to a child includes a parenting order under the Family Law Act 1975 of the Commonwealth or a care order under the Children and Young Persons (Care and Protection) Act 1998. Part 1 of Chapter 4 describes the persons who may be adopted and the persons who may adopt.