Australian Capital Territory Consolidated Acts

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ADOPTION ACT 1993 - SECT 57

Declarations of validity of overseas adoptions

    (1)     On an application by a person mentioned in subsection (2), the court may make an order declaring that an adoption of a person was effected (whether before or after the commencement of this Act) under the law of another country, and that the adoption is one to which section 55 applies.

    (2)     The people who may make an application under subsection (1) are the adopted child, an adoptive parent or a person tracing a relationship, because of the adoption, through or to the adopted child.

    (3)     On an application under subsection (1), the court may—

        (a)     direct that notice of the application be given to any person the court thinks fit; or

        (b)     direct that a person be made a party to the application; or

        (c)     permit a person having an interest in the matter to intervene in, and become a party to, the proceedings.

    (4)     If the court makes an order under subsection (1), the court may include in the order any particulars in relation to the adoption, the adopted child and the adoptive parents that the court finds to be established.

    (5)     Except as provided in subsection (6), an order under subsection (1) does not affect—

        (a)     the rights of another person unless that person was—

              (i)     a party to the proceedings for the order or a person claiming through such a party; or

              (ii)     a person to whom notice of the application for the order was given or a person claiming through such a person; or

        (b)     an earlier judgment, order or decree of a court of competent jurisdiction.

    (6)     In proceedings in a court of the Territory, being proceedings relating to the rights of a person other than a person referred to in subsection (5) (a) (i) or (ii), the production of a copy of an order under subsection (1), certified by the registrar of the Supreme Court to be a true copy, is evidence that an adoption was effected in accordance with the particulars contained in the order and that the adoption is one to which section 55 applies.



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