Carrick & Anor and Gillet

In the matter of *Carrick & Anor and Gillet*, heard before Forrest J, the applicants, Ms Carrick and Mr Carrick, sought leave to make an application for the adoption of a child, B, born in 2010. The proposed adoption was by the child's step-mother, Ms Carrick.

The central legal issue before the Court was whether to grant the applicants leave to proceed with an application for adoption pursuant to the *Adoption Act 2009* (Qld), as permitted by section 60G of the *Family Law Act 1975* (Cth). This section generally requires leave of the court for a step-parent to adopt a child where the child's other parent is alive and has not consented to the adoption.

Forrest J granted the applicants leave to make the application for adoption. The Court's decision was based on the specific circumstances presented, allowing the step-mother to formally adopt the child under Queensland law, notwithstanding the provisions of the *Family Law Act 1975* (Cth) which govern such applications. The Court ordered that leave be granted pursuant to section 60G of the *Family Law Act 1975* (Cth) for the applicants to make an application under the *Adoption Act 2009* (Qld) for the adoption of the child by Ms Carrick.