Document ID: chunk:federal_register_of_legislation:F2023L00309:reg:7
Version: federal_register_of_legislation:F2023L00309
Segment Type: reg
Provision Reference: reg 7
Character Range: 3990–5377

7  Recognition of an adoption of a child in a prescribed overseas jurisdiction
 (1) This section applies to an adoption of a child in a prescribed overseas jurisdiction (including an adoption that took place in the overseas jurisdiction before it became a prescribed overseas jurisdiction) if:
 (a) at the time of the adoption, the child was habitually resident in the prescribed overseas jurisdiction; and
 (b) the adoption was by a person habitually resident in a State or Territory of Australia; and
 (c) the competent authority of the State or Territory has agreed that the adoption may proceed; and
 (d) a certificate (an adoption compliance certificate) is in force in relation to the adoption that:
 (i) was issued by a competent authority of the prescribed overseas jurisdiction; and
 (ii) states that the adoption was carried out in accordance with the laws of the prescribed overseas jurisdiction; and
 (e) the adoption has the effect of ending the legal relationship between the child and each person who was, immediately before the adoption, the child's parent; and
 (f) a federal, State or Territory court has not made:
 (i) an adoption order in relation to the child; or
 (ii) an order recognising or declaring the adoption to be valid.
 (2) The adoption is recognised and effective, for the purposes of an Australian law, on and after the date of effect of the adoption.