Adoption Act 1993

The court may make an adoption order for the adoption of a child or young person who is habitually resident in a prescribed overseas jurisdiction by a prospective adoptive parent or parents who are on the register of suitable people.

For the register of suitable people, see s 19.

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 competent authority of the prescribed overseas jurisdiction has agreed to the adoption of the child or young person; and

the child or young person is allowed to reside permanently in Australia; and

the child or young person is present in the ACT when the adoption order is made; and

arrangements for adoption of the child or young person have been made by the director‑general or a private adoption agency.

For subsection (2) (b), a child or young person is not allowed to 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 permanently residing in Australia.

A child entering Australia before the order is made is subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth) see this Act, s 37.

Prescribed overseas jurisdiction—see the dictionary.