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ADOPTION ACT 2009 - SECT 292
Recognition of adoptions granted in convention countries
292 Recognition of adoptions granted in convention countries
(1) This section applies to an adoption granted in a convention country if—
(a) when the adoption is granted— (i) the adopted child is habitually
resident in a convention country; and
(ii) the adoptive parent is habitually
resident in a convention country, Australia or New Zealand; and
(b) an
adoption compliance certificate, issued in the convention country in which the
adoption is granted, is in force for the adoption.
(2) The adoption has
effect as if it were an adoption order made under this Act.
(3) However,
subsection (2) does not apply if the Childrens Court makes a
declaration of non-recognition of the adoption.
(4) 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.
(5) An interested person may apply to
the Childrens Court for a declaration of non-recognition of the adoption.
(6)
Before applying for the declaration, the person must give written notice—
(a) if the person is the chief executive—to the Commonwealth central
authority; or
(b) otherwise—to the chief executive.
(7) The notice must
state that the person proposes to apply for the declaration and the reasons
for the proposed application.
(8) 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.
(9) 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.
(10) This section is subject to
division 2 .
(11) In this section—
"declaration of non-recognition" , of an adoption granted in a convention
country, means a declaration that the adoption does not have effect as if it
were an adoption order made under this Act.
"interested person" , for an adoption, means— (a) the chief executive; or
(b) an adoptive parent; or
(c) the adopted child.
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