may make an adoption order in favour of one person. (4) The Court shall not make an adoption order in favour of one person— (a) if that person is married unless that person is S. 11(4)(a) amended by living separately and apart from his or her No. 67/1987 spouse; or s. 4(1)(a). S. 11(4)(b) (b) if that person is married and is living with amended by his or her spouse, except with the consent of No. 72/1997 s. 6(3)(a). that spouse; or (c) if that person is living in a de facto S. 11(4)(c) inserted by relationship and has been so living for not No. 72/1997 s. 6(3)(a). less than 2 years, except with the consent of that person's de facto spouse. S. 11(5) (5) The spouse or de facto spouse of a parent or of an amended by adoptive parent of a child may make an No. 72/1997 application to the Court under this Act for an s. 6(3)(b)(i)(ii). order for the adoption of the child by that spouse or de facto spouse. S. 11(6) (6) Where an application is made under subsection (5) substituted by by the spouse or de facto spouse of a parent or of No. 67/1987 s. 4(1)(b), an adoptive parent of a child, the Court must not amended by make an order for the adoption of the child solely No. 72/1997 by that spouse or de facto spouse unless it is s. 6(3)(c)(i)(ii). satisfied that— (a) the making of an order in relation to the S. 11(6)(a) amended by guardianship or custody of the child No. 72/1997 under the Family Law Act 1975 of the s. 13(a). Commonwealth as amended and in force for the time being in relation to the child would not make adequate provision for the welfare and interests of the child; and
may make an adoption order in favour of one person. (4) The Court shall not make an adoption order in favour of one person— S. 11(4)(a) amended by No. 67/1987 s. 4(1)(a). (a) if that person is married unless that person is living separately and apart from his or her spouse; or S. 11(4)(b) amended by No. 72/1997 s. 6(3)(a). (b) if that person is married and is living with his or her spouse, except with the consent of that spouse; or S. 11(4)(c) inserted by No. 72/1997 s. 6(3)(a). (c) if that person is living in a de facto relationship and has been so living for not less than 2 years, except with the consent of that person's de facto spouse. S. 11(5) amended by No. 72/1997 s. 6(3)(b)(i)(ii). (5) The spouse or de facto spouse of a parent or of an adoptive parent of a child may make an application to the Court under this Act for an order for the adoption of the child by that spouse or de facto spouse. S. 11(6) substituted by No. 67/1987 s. 4(1)(b), amended by No. 72/1997 s. 6(3)(c)(i)(ii). (6) Where an application is made under subsection (5) by the spouse or de facto spouse of a parent or of an adoptive parent of a child, the Court must not make an order for the adoption of the child solely by that spouse or de facto spouse unless it is satisfied that— S. 11(6)(a) amended by No. 72/1997 s. 13(a). (a) the making of an order in relation to the guardianship or custody of the child under the Family Law Act 1975 of the Commonwealth as amended and in force for the time being in relation to the child would not make adequate provision for the welfare and interests of the child; and
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