Adoption Act 1994

Subject to sections 136A, 136B, 136C, 136D, 138A and 138B, an order for the adoption of a person that was made in a country other than Australia (whether before or after the commencement of this Act) is to be treated as having the same effect as an adoption order made under this Act if —

the order is in accordance with and has not been rescinded under the law of that country; and

either —

when the adoption order was made the adoptive parent —

was domiciled in a country other than Australia; or

had been resident for the preceding 12 months in a country or countries other than Australia;

before the order was made, the adoptee had been placed with the adoptive parent with the agreement and on the conditions approved by the CEO or a person whose functions in another State or a Territory correspond to those of the CEO under this Act;

the proceedings in which the order was made involved no denial of natural justice or failure to observe the requirements of substantial justice; and

as a consequence of the adoption, the adoptive parent, according to the law of that country —

has a right superior to that of the adoptee’s birth parents in relation to all the duties, powers, responsibilities and authority which, by law, parents have in relation to children; and

is placed in a relationship with the adoptee that is treated as a parent and child relationship (even though the adoptee may be 18 or more years of age).

In any proceedings it is to be presumed, unless the contrary appears, that an order for the adoption of a person that was made in a country other than Australia, complies with subsection (1).

Any of the parties to an adoption under an order made under a law of a country other than Australia may apply to the Court for a declaration that the order complies with subsection (1).

On an application under subsection (3) the Court may —

direct that notice of the application be given to such persons, who may include the Attorney General or the CEO, as the Court thinks fit; or

direct that a person be made a party to the application; or

permit a person having an interest in the matter to intervene in, and become a party to, the proceedings.

Where, on an application under subsection (3) the Court makes an order or declaration, such particulars in relation to the adoption and the parties to the adoption as the Court finds to be established may be included in the order or declaration.

For the purposes of the law of this State, an order or declaration under this section binds the Crown in right of the State, whether or not a notice of the application for the order was given to the Attorney General or the CEO, but, does not affect —

the rights of another person unless that person was —

a party to the proceedings for the order or declaration, or a person claiming through such a party; or

a person to whom notice of the application for the order was given or a person claiming through such a person;

an earlier judgment, order or decree of a court of competent jurisdiction.

In any proceedings affected by an order or declaration made under this section, being proceedings relating to the rights of a person other than a person referred to in subsection (6)(a)(i) or (ii), the production of a copy of the order or declaration certified by the registrar of the Court to be a true copy of the order is evidence that —

an adoption was effected in accordance with the particulars contained in the order or declaration; and

the adoption is one to which this section applies.