Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) For the law of the Territory, the adoption of a person (whether before or after the commencement of this Act) in another country, being an adoption to which this section applies, has, so long as it has not been rescinded under the law of that country, the same effect as an adoption order made under this Act.
(2) This section applies to an adoption in a country if—
(a) the adoption was effective according to the law of that country; and
(b) either—
(i) that country was the usual place of residence of the adoptive parents for a continuous period of not less than 12 months, or any lesser period that a court considers reasonable in the circumstances of the case, immediately before the commencement of the proceedings for the adoption; or
(ii) the chief executive or the principal officer of a private adoption agency has, before the adoption in that other country, agreed to the placement of the adopted child with the adoptive parents and the child is placed in accordance with the conditions of approval of the adoptive parents; and
(c) in consequence of the adoption, the adoptive parents had, or would have had if the adopted child had been under the age of 18 years, under the law of that country, a right superior to that of any birth parent in respect of the custody of the adopted child; and
(d) under the law of that country the adoptive parents were, because of the adoption, placed generally in the position of parents in relation to the adopted child.
(3) Despite subsections (1) and (2), a court (including a court dealing with an application under section 57) may refuse to recognise an adoption as being an adoption to which this section applies if it appears to the court that the procedure followed, or the law applied, to the adoption involved a denial of natural justice or otherwise failed to do justice.
(4) If, in any proceedings before a court (including proceedings under section 57), the question arises whether an adoption is one to which this section applies, it must be presumed that the requirements of subsection (2) were satisfied and the adoption has not been rescinded, but that presumption is rebuttable.
(5) Except as provided in this section, the adoption of a person (whether before or after the commencement of this Act) in a country outside Australia does not have effect for the law of the Territory.
(6) Nothing in this section affects any right that was acquired by, or became vested in, a person before the commencement of this Act.