Adoption Act 2000

This section applies if—

an adoption, by an adoptive parent who is habitually resident in the State, of a child 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 terminates the legal relationship between the child and the individual or individuals who were, immediately before the adoption, the child’s parent or parents (the pre-adoption parents).

The Secretary may, on behalf of an adoptive parent, apply to the Court for an order that the adoption of the child terminates the legal relationship between the child and the pre-adoption parents.

Note.

See articles 26 and 27 of the Convention.

The Secretary must give written notice of the application to the Central Authority of the Convention country concerned.

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 terminates the legal relationship between the child and the pre-adoption parents, and

the child is allowed—

to enter Australia, and

to reside permanently in Australia, and

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

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