South Australian Current Acts South Australian Current Acts11—Adoption of Aboriginal or Torres Strait Islander child
(1) The Court will not
make an adoption order in relation to an Aboriginal or Torres Strait Islander
child unless satisfied that adoption is in the best interests of the child
and, taking into account the rights and welfare of the child, clearly
preferable to any alternative order that may be made under the laws of the
State or the Commonwealth.
(1a) The Court must,
before determining whether to make an order for the adoption of an Aboriginal
or Torres Strait Islander child, consider—
(a) a
report from the Chief Executive setting out consultation that has occurred
with a recognised Aboriginal organisation or recognised Torres Strait Islander
organisation (as the case requires); and
(b) any
submissions made by or on behalf of a recognised Aboriginal or Torres Strait
Islander organisation consulted in relation to the child.
(1b) In making an
order for the adoption of an Aboriginal or Torres Strait Islander child,
the Court must apply the Aboriginal and Torres Strait Islander Child Placement
Principle.
(2) Subject to
subsection (3), an order for the adoption of an Aboriginal or Torres
Strait Islander child will not be made except in favour of a member of the
child's Aboriginal or Torres Strait Islander community who has the correct
relationship with the child in accordance with Aboriginal or Torres Strait
Islander customary law or, if there is no such person seeking to adopt the
child, some other Aboriginal or Torres Strait Islander person.
(3) An order for the
adoption of an Aboriginal or Torres Strait Islander child may be made in
favour of a person who is not an Aboriginal or Torres Strait Islander person
if the Court is satisfied—
(a) that
there are special circumstances justifying the making of the order; and
(b) that
the child's cultural identity with the Aboriginal or Torres Strait Islander
people will not be lost in consequence of the adoption.
(4) For the purposes
of this section, a recognised Aboriginal or Torres Strait Islander
organisation is an organisation that the Minister, after consulting
with—
(a) the
Aboriginal community or a section of the Aboriginal community; or
(b) the
Torres Strait Islander community or a section of the Torres Strait Islander
community,
(as the case requires) declares by notice in the Gazette to be a recognised
Aboriginal organisation, or a recognised Torres Strait Islander organisation.