Commonwealth Numbered Regulations

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1992 No. 367 MIGRATION (1993) REGULATIONS - REG 1.4

Adoption
1.4. (1) A person (in this regulation called "the adoptee") is taken to have
been adopted by a person or persons (in this regulation called "the adopter or
adopters") if, before the adoptee attained the age of 18 years, the adopter or
adopters assumed a parental role in relation to the adoptee under:

   (a)  formal adoption arrangements:

        (i)    made in accordance with; or

        (ii)   recognised under; the law of a State or Territory of Australia
               relating to the adoption of children; or

   (b)  formal adoption arrangements made in accordance with the law of
        another country, being arrangements under which the persons who were
        recognised by law as the parents of the adoptee before those
        arrangements took effect ceased to be so recognised and
        the adopter or adopters became so recognised; or

   (c)  other arrangements entered into outside Australia that, under
        subregulation (2), are taken to be in the nature of adoption.

(2) For the purposes of paragraph (1) (c), arrangements are taken to be in the
nature of adoption if:

   (a)  the arrangements were made in accordance with the usual practice, or a
        recognised custom, in the culture or cultures of the adoptee and
        the adopter or adopters; and

   (b)  the child-parent relationship between the adoptee and the adopter or
        adopters is significantly closer than any such relationship between
        the adoptee and any other person or persons, having regard to the
        nature and duration of the arrangements; and

   (c)  the Minister is satisfied that:

        (i)    formal adoption of the kind referred to in paragraph (1) (b):

   (a)  was not available under the law of the place where the arrangements
        were made; or

   (b)  was not reasonably practicable in the circumstances; and

        (ii)   the arrangements have not been contrived to circumvent
               Australian migration requirements. 


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