Adoption in ACT of ACT child or young person by parents from Convention country
57 Adoption in ACT of ACT child or young person by parents from Convention country
The court may make an adoption order for the adoption of a child or young person who is habitually resident in the ACT by a prospective adoptive parent or parents who are habitually resident in a Convention country.
Convention country does not include Australia—see the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth), reg 4.
Division 3.2 (Who can adopt?) does not apply to an adoption order under this section.
In addition to the matters set out in section 39F (Deciding application for adoption order for child or young person), the court must not make the order unless satisfied that—
the report mentioned in section 57A has been given to the central authority of the Convention country; and
the central authority of the Convention country has agreed to the adoption of the child or young person; and
the central authority of the Convention country has agreed to recognise the ACT adoption order as a full and permanent adoption order in the Convention country; and
the prospective adoptive parent or parents are present in the ACT when the adoption order is made.
The court must not make the order if the child or young person is not allowed to leave Australia—
under a law of the Commonwealth, a State or another Territory; or
because of an order of a court of the Commonwealth, a State or another Territory.
This Act’s bill:Explanatory statement
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