Victorian Numbered Acts

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ADOPTION AMENDMENT (ADOPTION BY SAME-SEX COUPLES) ACT 2015 (NO. 68 OF 2015) - SECT 7

Persons in whose favour adoption orders may be made

    (1)     In section 11(1) of the Principal Act, for "a man and a woman" substitute "2 persons".

    (2)     After section 11(1)(b) of the Principal Act insert

    "(ba)     who are in a registered domestic relationship with each other and have been so for not less than 2 years; or".

    (3)     In section 11(1)(c) of the Principal Act, for "de facto relationship" substitute "domestic relationship".

    (4)     For section 11(1A) of the Principal Act substitute

    "(1A)     The Court must not make an adoption order under subsection (1) in relation to 2 persons in a domestic relationship unless the Court is satisfied that, at the time that the order is made, neither person—

        (a)     is married to another person; or

        (b)     is in a registered domestic relationship with another person.".

    (5)     For section 11(4) of the Principal Act substitute

    "(4)     The Court shall not make an adoption order in favour of one person if that person—

        (a)     is married or is in a registered domestic relationship unless that person is living separately and apart from that person's spouse or domestic partner (as the case may be); or

        (b)     is married or is in a registered domestic relationship, and is living with that person's spouse or domestic partner (as the case may be), except with the consent of that person's spouse or domestic partner; or

        (c)     is living in a domestic relationship and has been so living for not less than 2 years, except with the consent of that person's domestic partner.".

    (6)     In section 11(5) of the Principal Act, for "de facto spouse" (where twice occurring) substitute "domestic partner".

    (7)     In section 11(6) of the Principal Act, for
"or de facto spouse" (where twice occurring) substitute "or domestic partner".

    (8)     For section 11(6)(d) of the Principal Act substitute

    "(d)     in the case of an order in favour of the domestic partner of a parent or adoptive parent, at the time that the order is made the domestic partner is neither married to, nor in a registered domestic relationship with, a person who is not the parent or adoptive parent of the child.".

    (9)     In section 11(7) of the Principal Act, for "de facto spouse" (where twice occurring) substitute "domestic partner".



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