Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to an adoption that is to be granted in Australia, of a child who is habitually resident in a Convention country, by a person who is, or persons who are, habitually resident in Australia, if arrangements for the adoption are made in accordance with:
(a) the Convention; and
(b) the laws of the Commonwealth and the State of habitual residence of the person or persons proposing to adopt the child; 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:
(a) if the application is made by 1 applicant — where the applicant habitually resides; or
(b) if the application is made by more than 1 applicant — where the applicants habitually reside.
(2C) The State Central Authority:
(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 Authority 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 applicant, or applicants, 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 8.
(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 applicant or applicants habitually reside has agreed to the adoption of the child; and
(c) the child is allowed to reside permanently in Australia.
(4) However, the court must not make the order if the child is not in Australia.
(5) For paragraph (3) (c), a child is not allowed to reside permanently in Australia if the child is affected by a law of the Commonwealth, or of a State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child from so residing.
Note 1 This regulation does not necessarily apply to all States — see regulation 34.
Note 2 If a child to whom an application relates enters Australia before the application is determined, the child may be subject, while the application is being considered, to the Immigration (Guardianship of Children) Act 1946 . Legislation of the State in which an application is made may also have consequences for the child concerned.