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ADOPTION ACT 2009 - SECT 296
Conversion of simple adoption in convention country
296 Conversion of simple adoption in convention country
(1) If a simple adoption is converted in a convention country, the adoption is
taken to be a full adoption.
(2) However, subsection (1) does not apply if
the Childrens Court makes a declaration of non-recognition of the conversion.
(3) 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.
(4) An interested
person may apply to the Childrens Court for a declaration of non-recognition
of the conversion.
(5) Before applying for the declaration, the person must
give a notice— (a) if the person is the chief executive—to the
Commonwealth central authority; or
(b) otherwise—to the chief executive.
(6) The notice must state that the person proposes to apply for the
declaration and the reasons for the proposed application.
(7) 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.
(8) 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.
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