Adoption Act 2009

This section applies to an adoption granted in a convention country if—

when the adoption is granted—

the adopted child is habitually resident in a convention country; and

the adoptive parent is habitually resident in a convention country, Australia or New Zealand; and

an adoption compliance certificate, issued in the convention country in which the adoption is granted, is in force for the adoption.

The adoption has effect as if it were an adoption order made under this Act.

However, subsection (2) does not apply if the Childrens Court makes a declaration of non-recognition of the adoption.

The Childrens Court may make a declaration of non-recognition of the adoption if satisfied the adoption is manifestly contrary to public policy, taking into account the child’s wellbeing and best interests.

An interested person may apply to the Childrens Court for a declaration of non-recognition of the adoption.

Before applying for the declaration, the person must give written notice—

if the person is the chief executive—to the Commonwealth central authority; or

otherwise—to the chief executive.

The notice must state that the person proposes to apply for the declaration and the reasons for the proposed application.

If the chief executive is given a notice under subsection (6)(b), the chief executive must give a copy of the notice to the Commonwealth central authority.

If the applicant is not the chief executive, the chief executive is entitled to be joined as a party to the proceedings concerning the application.

This section is subject to division 2.

In this section—

the chief executive; or

an adoptive parent; or

the adopted child.