Document ID: chunk:federal_register_of_legislation:F2021C01008:reg:22
Version: federal_register_of_legislation:F2021C01008
Segment Type: reg
Provision Reference: reg 22
Character Range: 28439–30395

22  Refusal to recognise an adoption or an article 27 decision
 (1) This regulation applies if a State Central Authority considers that an adoption, or a decision made in accordance with article 27 of the Convention, is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates.
 (2) The State Central Authority may apply to a court for a declaration that the adoption or decision is not recognised.
 (2A) The application must:
 (a) be in accordance with Form 3; and
 (b) include an affidavit in accordance with Form 2.
 (2B) At the same time as the application is made, the State Central Authority must give notice, in accordance with Form 4, of the application to:
 (a) the adoptive parents, or adoptive parent, of the child to whom the adoption or decision relates; and
 (b) the Minister for Immigration and Multicultural Affairs at the principal office of the Department of Immigration and Multicultural Affairs in Canberra.
 (2C) A person to whom notice of the application is given:
 (a) no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the person wishes to rely in support of the court making an order other than the order sought in the application; and
 (b) must include with that statement an affidavit in accordance with Form 2.
 (2D) As soon as practicable before the court hearing, the State Central Authority may file with the court a reply to a statement filed under subregulation (2C), being a reply that:
 (a) is in accordance with Form 6; and
 (b) includes an affidavit in accordance with Form 2.
 (2E) An order made by the court must be in accordance with Form 10.
 (3) If a court declares that it does not recognise the adoption or decision, the adoption or decision (as the case requires) has no effect for the laws of the Commonwealth and each State.