Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if arrangements for the adoption of a child, who is habitually resident in Australia, by a person who is, or persons who are, habitually resident in a Convention country, are made in accordance with:
(a) the Convention; and
(b) the laws of the Commonwealth and the State in which the child is habitually resident; and
(c) the laws of the Convention country.
(2) The person or persons proposing to adopt the child must apply to a court for an order that the child be adopted by the person or persons.
(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 applicant, or applicants, must give a copy of the application to the State Central Authority for the State where the child who is the subject of the application habitually resides.
(2C) As soon as practicable, the State Central Authority must give notice, in accordance with Form 4, of the application to any person of whom the Authority is aware as having an interest in whether the application is granted.
(2D) A person to whom the notice 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.
(2E) As soon as practicable before the court hearing, the applicant, or applicants, may file with the court a reply to a statement filed under subregulation (2D), being a reply that:
(a) is in accordance with Form 6; and
(b) includes an affidavit in accordance with Form 2.
(2F) An order made by the court must be in accordance with Form 7.
(3) The court may make the order only if it is satisfied that:
(a) the Central Authority of the Convention country has agreed to the adoption of the child; and
(b) the State Central Authority of the State in which the child habitually resides has agreed to the adoption of the child; and
(c) the adoption is in the best interests of the child.
(4) However, the court must not make the order if:
(a) the child is not in Australia; or
(b) the child is not allowed to leave Australia:
(i) under a law of the Commonwealth or a State; or
(ii) because of an order of a court of the Commonwealth or a State.
(5) The best interests of a child must be determined in accordance with section 68F of the Act.
Note This regulation does not necessarily apply to all States — see regulation 34.