Commentary on Sections Part 1 - Adoption Removal provisions Section 42: Suitability of adopters
Section 42 amplifies the power in section 9 in relation to determining the suitability of adopters.
Subsection (1) enables the Department to make regulations prescribing the matters to be taken into account by an adoption agency in determining the suitability of any persons to adopt a child, or in making any report in respect of the suitability of such persons. The regulations may in particular make provision for ensuring that adoption agencies, in determining the suitability of a couple to adopt, give proper regard to the need for stability and permanence in their relationship (subsection (2)). A definition of “couple” is given in section 159(3).