107Adoption in NSW of child from Convention country by parents from NSW

#### 107 Adoption in NSW of child from Convention country by parents from NSW 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](http://www.legislation.gov.au/) of the Commonwealth. See section 77 of this Act.