ACTIn ForceAct
Adoption Act 1993
57HOrder terminating legal relationship between child or
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57H Order terminating legal relationship between child or
young person and parents
(a) an adoption, by an adoptive parent who is habitually resident in
the ACT, of a child or young person 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 or young person terminates the legal
relationship between the child or young person and the
individuals who were, immediately before the adoption, the
child’s or young person’s parents (the pre-adoption parents).
Note The text of the Convention is set out in sch 1.
(2) The director-general may, on behalf of an adoptive parent, apply to
the court for an order that the adoption of the child or young person
terminates the legal relationship between the child or young person
and the pre-adoption parents.
(3) The director-general must give written notice of the application to the
central authority of the Convention country that granted the adoption.
(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 or young person terminates the legal
relationship between the child or young person and the
pre-adoption parents; and
(c) the child or young person 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 subsection (4) (c), a child or young person is not allowed to enter
or reside permanently in Australia if the child or young person is
affected by a law of the Commonwealth, a State or Territory, or by
an order of a Commonwealth, State or Territory court, the effect of
which is to prevent the child or young person from entering or
residing permanently in Australia.