South Australian Current Acts

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ADOPTION ACT 1988 - SECT 10A

10A—Adoption of child who has turned 18

        (1)         The Court will not make an adoption order in favour of a child who is aged 18 years or more on the date on which the application for the order is made unless the Court is satisfied—

            (a)         that a significant parent to child relationship existed between the prospective adoptive parent or parents and the child before the child attained the age of 18 years; and

            (b)         that the child appears to understand the consequences of adoption on the child's interests, rights and welfare.

        (2)         In determining whether a significant parent to child relationship existed for the purposes of subsection (1), the Court may take into account the following:

            (a)         whether the child was cared for by the prospective adoptive parent or parents, or by the prospective adoptive parent and their deceased spouse or domestic partner, as their child prior to reaching the age of 18 years;

            (b)         whether the child was, under the Children's Protection Act 1993 , placed in the care of the prospective adoptive parent or parents, or the prospective adoptive parent and their deceased spouse or domestic partner, prior to reaching the age of 18 years.

        (3)         In proceedings for an adoption order relating to a child who is aged 18 years or more on the date on which the application for the order is made, a parent or guardian of the child, or any other person who has a proper interest in the application, may make submissions to the Court (either personally or through a representative).



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