Adoption Act 2009

If a simple adoption is converted in a convention country, the adoption is taken to be a full adoption.

However, subsection (1) does not apply if the Childrens Court makes a declaration of non-recognition of the conversion.

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

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

Before applying for the declaration, the person must give a 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 (5)(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.