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Contents (2000 - 75)
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Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 22 September 2017 at 10:52)
Chapter 5 Part 2 Division 2
Division 2 Hague Convention on Intercountry Adoption
106   Adoption in NSW of child from NSW by parents from Convention country
(1)  The Court may, on application by the Secretary, make an order for the adoption of a child who is habitually resident in New South Wales by a prospective adoptive parent or parents who are habitually resident in a Convention country.
(2)  The Court may make the order only if satisfied that:
(a)  the Central Authority of the Convention country has agreed to the adoption of the child, and
(b)  the Secretary or principal officer has considered the possibility of placing the child for adoption within Australia and any other action that could be taken by law to care for the child, and
(c)  the adoption is in the best interests of the child.
(3)  The Court must not make the order if the child is not allowed to leave Australia:
(a)  under a law of the Commonwealth or a State, or
(b)  because of an order of a court of the Commonwealth or a State.
(4)  The best interests of the child are to be determined in accordance with the adoption principles.
107   Adoption in NSW of child from Convention country by parents from NSW
(1)  The Court may, on application by the Secretary or the principal officer of an accredited adoption service provider that may provide intercountry adoption services, make an order for the adoption of a child who is habitually resident in a Convention country by a prospective adoptive parent or parents who are habitually resident in the State.
Note.
 Part 3 of Chapter 4 provides for assessment of the suitability, and selection, of persons to adopt by the Secretary or principal officer.
(2)  The Court may make the order only if satisfied that:
(a)  the Central Authority of the Convention country has agreed to the adoption of the child, and
(b)  the child is allowed to reside permanently in Australia.
(3)  The Court must not make the order if the child is not in Australia.
(4)  For the purposes of subsection (2) (b), a child is not allowed to reside permanently in Australia if the child is affected by a law of the Commonwealth or the State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child so residing.
Note.
 If a child enters Australia before the order is made, the child may be subject to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth. See section 77 of this Act.
108   Recognition of adoption of a child from a Convention country in that country
(1)  This section applies if:
(a)  an adoption (whether before or after the commencement of this section) by a person who is habitually resident in the State, of a child who is habitually resident in a Convention country, is granted in that country, and
(b)  an adoption compliance certificate issued (whether before or after the commencement of this section) in the Convention country in which the adoption is granted is in force for the adoption.
(2)  Subject to section 110, the adoption is recognised and effective, for the law of the State, on and from the day the certificate becomes effective.
109   Effect of recognition
For the purposes of the law of the State, an adoption of a child that is recognised and effective under section 108:
(a)  is to be treated as having the same effect as an adoption order made under this Act, and
Note.
 See Part 11 of Chapter 4, especially section 95 (General effect of adoption orders) and cf Articles 26 and 27 of the Convention.
(b)  if the law of the Convention country where the adoption was granted provide that the adoption of the child terminates the legal relationship between the child and the individuals who were immediately before the adoption, the child’s parents—the relationship is terminated.
110   Refusal to recognise an adoption
(1)  The Secretary may apply to the Court for a declaration that an adoption or decision made in accordance with article 27 of the Convention is not recognised.
(2)  The Court may make such a declaration if the Court is satisfied that the adoption or decision is manifestly contrary to public policy, taking into account the best interests of the child concerned.
(3)  If the Court declares that it does not recognise the adoption or decision, the adoption or decision (as the case requires) has no effect for the law of the State.
111   Order terminating legal relationship between child and parents
(1)  This section applies if:
(a)  an adoption, by an adoptive parent who is habitually resident in the State, of a child who is habitually resident in a Convention country is granted in that country, and
(b)  the law of the Convention country does not provide that the adoption of the child terminates the legal relationship between the child and the individual or individuals who were, immediately before the adoption, the child’s parent or parents (the pre-adoption parents).
(2)  The Secretary may, on behalf of an adoptive parent, apply to the Court for an order that the adoption of the child terminates the legal relationship between the child and the pre-adoption parents.
Note.
 See articles 26 and 27 of the Convention.
(3)  The Secretary must give written notice of the application to the Central Authority of the Convention country concerned.
(4)  The Court may make the order only if satisfied that:
(a)  an adoption compliance certificate issued in the Convention country is in force for the adoption, and
(b)  the law of the Convention country does not provide that the adoption of the child terminates the legal relationship between the child and the pre-adoption parents, and
(c)  the child is allowed:
(i)  to enter Australia, and
(ii)  to reside permanently in Australia, and
(d)  notice has been given as required by subsection (3).
(5)  For the purposes of subsection (4) (c), a child is not allowed to enter, or reside permanently in Australia if the child is affected by a law of the Commonwealth, or of a State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child from so entering or residing.
112   Evidential value of adoption compliance certificate and Convention country adoption order
Subject to section 110, an adoption compliance certificate issued in a Convention country, or adoption order certified by the Central Authority of a Convention country as having been made in accordance with the law of that country, is evidence for the law of the State, that the adoption to which the certificate or order relates:
(a)  was agreed to by the Central Authorities of the countries mentioned in the certificate, and
(b)  was carried out in accordance with the Convention and the law of that country.
Note.
 Adoption compliance certificate is defined in the Dictionary.