(1) Subject to any law
of the Commonwealth, the Court has power to make an order for the adoption of
a child—
(a) who
is less than 18 years of age on the date on which the application for the
order is made; or
(b) who
is aged 18 years or more on that date.
(2) The Court cannot
make an order for adoption except—
(a) in
relation to a child who is in the State; and
(b) in
favour of a person or persons who are resident or domiciled in the State.
(3) If in proceedings
for an adoption order the necessary territorial nexus with the State is
established as at the date of commencement of the proceedings or some other
date following within 21 days of that date, it will be presumed that the nexus
continues in the absence of proof to the contrary.