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ADOPTION ACT 2009 - SECT 293
Recognition of adoptions granted in non-convention countries
293 Recognition of adoptions granted in non-convention countries
(1) This section applies to an adoption in a non-convention country if— (a)
the adoption was effective according to the law of that country; and
(b) at
the time at which the legal steps that resulted in the adoption were
commenced, the adoptive parent, or each of the adoptive parents, was resident
or domiciled in that country and had been resident or domiciled in that
country for at least 1 year; and
(c) in consequence of the adoption, the
adoptive parent or adoptive parents had, or would (if the adopted person had
been a young child) have had, immediately following the adoption, according to
the law of that country, a right superior to that of any biological parent of
the adopted person in respect of the custody of the adopted person; and
(d)
under the law of that country the adoptive parent or adoptive parents were, by
the adoption, placed generally in relation to the adopted person in the
position of a parent or parents; and
(e) the adoption has not been rescinded
under the law of that country.
(2) For the purposes of the laws of
Queensland, the adoption has the same effect as an adoption order under this
Act.
(3) If an issue relating to an adoption in a non-convention country
arises in a proceeding before a court, it must be presumed, in the absence of
evidence to the contrary, that the adoption is one to which this section
applies.
(4) However, a court may refuse to recognise an adoption as being an
adoption to which this section applies if it appears to the court that the
procedure followed or the law applied in connection with the adoption involved
a denial of natural justice or did not comply with the requirements of
substantial justice.
(5) A document purporting to be the original or a
certified copy of an order or record of adoption made by a court or a judicial
or public authority in a non-convention country is, in the absence of proof to
the contrary, sufficient evidence— (a) that the adoption was made in that
country and is effective under the law of that country; and
(b) that the
adoption has not been rescinded.
(6) Except as provided in this section, the
adoption of a person in a non-convention country does not have effect for the
purposes of the laws of Queensland.
(7) Nothing in this section affects any
right that was acquired by, or became vested in, a person before the
commencement of the repealed Act.
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