Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 297

297 Conversion of simple adoption by Childrens Court

(1) An adoptive parent of a child under a simple adoption may apply to the Childrens Court for an order declaring the adoption to have effect as a full adoption.

(2) The applicant must serve a copy of the application on the chief executive.

(3) The served copy must state the applicant’s reasons for the application.

(4) The chief executive must give a copy of the application to the Commonwealth central authority.

(5) The chief executive is entitled to be joined as a party to the proceedings concerning the application.

(6) The court may make the order only if satisfied—

(a) an adoption compliance certificate, issued in the convention country in which the adoption was granted, is in force for the adoption; and

(b) the adoptive parent is habitually resident in Queensland; and

(c) when the adoption was granted, the adopted child was habitually resident in the convention country; and

(d) if the adopted child is not in Australia when the court proposes to make the declaration—the child is not prevented from entering Australia—

(i) under a law of the Commonwealth or a State; or

(ii) by an order of a court of the Commonwealth or a State; and

(e) the child is not prevented from residing permanently in Australia—

(i) under a law of the Commonwealth or a State; or

(ii) by an order of a court of the Commonwealth or a State.

(7) If the court makes the order, the adoption has effect as a full adoption.