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Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 18 November 2017 at 17:35)
117   Declarations of validity of foreign adoptions
(cf AC Act s 47)
(1)  Any of the parties to an adoption under an order made outside Australia may apply to the Court for a declaration that the order complies with section 116.
(2)  On an application under this section, the Court may:
(a)  direct that notice of the application be given to such persons (including the Attorney General) as the Court thinks fit, or
(b)  direct that a person be made a party to the application, or
(c)  permit a person having an interest in the matter to intervene in, and become a party to, the proceedings.
(3)  If the Court makes a declaration under this section, it may include in the declaration such particulars in relation to the adoption, the adopted child and the adoptive parent or parents as the Court finds to be established.
(4)  For the purposes of the law of New South Wales, a declaration under this section binds the Crown in right of New South Wales, whether or not notice was given to the Attorney General, and any person who was:
(a)  a party to the proceedings for the declaration or a person claiming through such a party, or
(b)  a person to whom notice of the application for the declaration was given or a person claiming through such a person,
but does not affect:
(c)  the rights of any other person, or
(d)  an earlier judgment, order or decree of a court or other body of competent jurisdiction.
(5)  In proceedings in a court of New South Wales, the production of a copy of a declaration under this section, certified by the nominated officer to be a true copy:
(a)  if the proceedings relate to a person referred to in paragraph (a) or (b) of subsection (4), is conclusive evidence, and
(b)  if the proceedings relate to the rights of any other person, is evidence,
that an adoption was effected in accordance with the particulars contained in the declaration and that it complies with section 116.