Adoption Act 1993

This section applies if—

an adoption, by an adoptive parent who is habitually resident in the ACT, of a child or young person who is habitually resident in a Convention country is granted in that country; and

the law of the Convention country does not provide that the adoption of the child or young person terminates the legal relationship between the child or young person and the individuals who were, immediately before the adoption, the child’s or young person’s parents (the pre-adoption parents).

The text of the Convention is set out in sch 1.

The director‑general may, on behalf of an adoptive parent, apply to the court for an order that the adoption of the child or young person terminates the legal relationship between the child or young person and the pre-adoption parents.

The director‑general must give written notice of the application to the central authority of the Convention country that granted the adoption.

The court may make the order only if satisfied that—

an adoption compliance certificate issued in the Convention country is in force for the adoption; and

the law of the Convention country does not provide that the adoption of the child or young person terminates the legal relationship between the child or young person and the pre‑adoption parents; and

the child or young person is allowed—

to enter Australia; and

to reside permanently in Australia; and

notice has been given as required by subsection (3).

For subsection (4) (c), a child or young person is not allowed to enter or reside permanently in Australia if the child or young person is affected by a law of the Commonwealth, a State or Territory, or by an order of a Commonwealth, State or Territory court, the effect of which is to prevent the child or young person from entering or residing permanently in Australia.