116Recognition of foreign adoptions in countries other than Convention countries and prescribed overseas jurisdictions

#### 116 Recognition of foreign adoptions in countries other than Convention countries and prescribed overseas jurisdictions 116 Recognition of foreign adoptions in countries other than Convention countries and prescribed overseas jurisdictions (cf AC Act s 46) > > (1) This section applies to an order for the adoption of a person— > > > > > (a) that was made (whether before or after the commencement of this section) in a country other than Australia that is not a Convention country or a prescribed overseas jurisdiction, and > > > > > (b) if, at the time at which the legal steps that resulted in the adoption were commenced, the adoptive parent or parents— > > > > > > > (i) had been resident in that country for 12 months or more, or > > > > > > > (ii) were domiciled in that country. > > > (2) An order for the adoption of a person to which this section applies is to have the same effect as an adoption order made under this Act if— > > > > > (a) the adoption is in accordance with and has not been rescinded under the law of that country, and > > > > > (b) in consequence of the adoption, the adoptive parent or parents, under the law of that country, have a right superior to that of the adopted person’s birth parents in relation to the custody of the adopted person, and > > > > > (c) under the law of that country the adoptive parent or parents were, because of the adoption, placed generally in relation to the adopted person in the position of a parent or parents. > > > (3) Despite subsection (2), a court (including a court dealing with an application under section 117) may refuse to recognise an adoption under this section if it appears to the court that the procedure followed, or the law applied, in connection with the adoption involved a denial of natural justice or did not comply with the requirements of substantial justice. > > > (4) A court that refuses to recognise an adoption may, at the time of refusing or at a later time, give leave to the applicant to seek an order for the adoption of the child concerned. > > > > Note— > > > > See section 31. > > > (5) In any proceedings before a court (including proceedings under section 117), it is to be presumed unless the contrary appears from the evidence, that an order for the adoption of a person that was made in a country outside Australia that is not a Convention country or a prescribed overseas jurisdiction complies with subsection (1). > > > (6) Nothing in this section affects any right that was acquired by, or became vested in, a person before the commencement of this section.