South Australian Current Acts South Australian Current Acts12—Criteria affecting prospective adoptive parents
(1) Subject to this
section, an adoption order may only be made in favour of 2 persons if—
(a) they
are in a qualifying relationship and have been living together continuously
for at least the prescribed period (irrespective, in the case of married
persons, of the date on which the marriage occurred) before the making of the
order; or
(b) they
are in a qualifying relationship and the Court is satisfied that there are
special circumstances justifying the making of the order.
(3) Subject to this
section, an adoption order may only be made in favour of 1 person if—
(a) the
person is in a qualifying relationship with a birth or adoptive parent of the
child and—
(i)
has been living together with that parent continuously
for at least the prescribed period (irrespective, in the case of married
persons, of the date on which the marriage occurred) before the making of the
order; or
(ii)
the Court is satisfied that there are special
circumstances justifying the making of the order; or
(b) the
person is not in a qualifying relationship and the Court is satisfied that
there are special circumstances justifying the making of the order.
(4) Where 2 persons
are living together in a qualifying relationship, an adoption order will not
be made except in favour of both or in the circumstances described in
subsection (3)(a).
(5) An adoption order
will not be made in favour of a person who is lawfully married but not
cohabiting with his or her spouse unless the Court is satisfied, after
interviewing the spouse of the person in private, that the spouse consents to
the adoption.
(6) In this
section—
"prescribed period" means—
(a) if
the regulations prescribe a period—the period so prescribed; or
(b) if
no period is prescribed under paragraph (a)—5 years.