Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(subregulation 3 (2))
Form 1 Heading of documents for use in court proceedings
Family Law (Hague Convention on Intercountry Adoption) Regulations 1998
IN THE ( insert name of court exercising jurisdiction )
NO. ( insert number of proceedings ) of ( insert year in which document is filed or issued )
DATE OF FILING:*/ISSUE:* ( insert date of filing or issue )
IN RELATION TO THE ADOPTION OF ( insert forename(s) and surname(s) of child who is the subject of the proceedings ) OR ( otherwise identify the proceedings in accordance with the rules of the court )
___________________________________________________________
* omit if inapplicable
(paragraphs 14 (2A) (b), 14 (2D) (b), 14 (2E) (b), 15 (2A) (b), 15 (2C) (b), 15 (2D) (b), 20 (2A) (b), 20 (2D) (b), 20 (2E) (b), 22 (2A) (b), 22 (2C) (b) and 22 (2D) (b))
I*/WE*, ( insert forename(s) and surname(s) of deponent(s) ), ( insert occupation(s) of deponent(s )), of ( insert address of deponent(s) ), declare the following under oath:
(a) I*/We* am*/are* the deponent(s) for this document and have read the document and any attachment to the document; and
(b) the facts stated in the document, and any attachment to the document, that are within my*/our* knowledge are correct; and
(c) all other facts stated in the document, and in any attachment to the document, are correct to the best of my*/our* knowledge or belief.
SWORN by the deponent(s)
at ( insert place where declaration made )
on ( insert date of declaration )
...........................................................
( signature(s) of deponent(s) )
...................................................................................
( name of deponent(s) )
...................................................................................
( title or position of deponent(s) )
BEFORE ME:
...................................................................................
( signature of person before whom affidavit is sworn )
...................................................................................
( name of signatory )
...................................................................................
( title or position of signatory )
___________________________________________________________
* omit if inapplicable
(paragraphs 14 (2A) (a), 15 (2A) (a), 20 (2A) (a) and 22 (2A) (a))
( insert heading for document in accordance with Form 1 )
Application for order under regulation 14*/15*/20*/22*
1 Identity of the child and his or her parents
1.1 Child
Surname:
Forenames:
Sex:
Age:
Date and place of birth:
Father’s surname:
Other names:
Mother’s maiden surname:
Other names:
1.2 Applicant(s)
2 . 1 Mother:
Surname:
Other names:
Occupation:
Address:
2 . 2 Father:
Surname:
Other names:
Occupation:
Address:
2 Order sought
Under regulation 14 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , application is made for an order for the adoption of ( insert forename(s) and surname(s) of child ), an Australian child, into ( insert name of Convention country ), a Convention country.
OR
Under regulation 15 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , application is made for an order for the adoption in Australia of ( insert forename(s) and surname(s) of child ) from ( insert name of Convention country ), a Convention country.
OR
Under regulation 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , application is made for an order terminating the legal relationship between ( insert forename(s) and surname(s) of child ) and his*/her* pre‑adoption parents.
OR
Under regulation 22 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , application is made for a declaration by the court that the adoption of*/decision made in accordance with Article 27 of the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption in relation to* ( insert forename(s) and surname(s) of child ) is not recognised.
3 Attachments to applications made under regulation 14*/15*/20*
( for an application under regulation 14 or 15 )
The following documents are attached:
(a) the report prepared on the applicant(s) by the Central Authority of the receiving State under Article 15 of the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption; and
(b) the report prepared on the child by the Central Authority of the State of origin under Article 16 of that Convention.
OR
( for an application under regulation 20 )
A copy of the adoption compliance certificate issued in the Convention country, and in force for the adoption, is attached.
4 Any other matters in relation to this application
( information may be written here or in an attachment to this application )
DATED.................................
..............................................
( signature(s) of applicant(s) )
......................................................................................................................
( if the applicant is the State Central Authority, the title or position of the Authority )
Affidavit
( insert affidavit in accordance with Form 2 )
___________________________________________________________
* omit if inapplicable
(subregulations 14 (2C), 20 (2C) and 22 (2B))
Family Law (Hague Convention on Intercountry Adoption) Regulations 1998
Notice of application for order under regulation 14*/20*/22*
( insert title of State Central Authority ) for ( insert name of State or Territory )
TO: ( insert full name and title of person to whom notice is given )
OF: ( insert address of person )
THE ATTACHED APPLICATION is set down for hearing by the ( insert name of court ) at ( insert place where application is to be heard ) on ( insert date of hearing ) at ( insert time of hearing ).
IF YOU WISH the court to make an order, or orders, other than the order sought in the attached application, you may, no later than 5 working days before the hearing, file with the court a brief statement that:
(a) is mentioned in paragraph 14 (2D) (a)*/20 (2D) (a)*/
22
(2C) (a)* of the Family Law (Hague Convention on Intercountry Adoption)
Regulations 1998 of the matters on which you rely in support of the court
making the order*/orders* that you seek; and
(b) includes an affidavit in accordance with paragraph
14
(2D) (b)*/20 (2D) (b)*/22 (2C) (b)* of those Regulations.
IF YOU DO NOT RESPOND TO THE APPLICATION, OR DO NOT APPEAR AT THE HEARING, the court may make the order*/orders* sought in the attached application, or a similar order*/similar orders*, without considering what you have to say in response to the application, or in your absence.
DATED...............................................
............................................................
( signature of State Central Authority )
......................................................................................................................
( name of State Central Authority )
Attachment
The application under regulation 14*/20*/22* (including any attachment to the application) to which the notice relates is attached.
___________________________________________________________
* omit if inapplicable
Form 5 Response to application
(paragraphs 14 (2D) (a), 15 (2C) (a), 20 (2D) (a) and 22 (2C) (a))
( insert heading for document in accordance with Form 1 )
Response to application for order under regulation 14*/15*/20*/22*
IN RESPONSE TO the application made by ( insert forename(s) and surname(s) of applicant(s) ) filed in the ( insert name of court ) on ( insert date of filing of application ), a copy*/notice* of which was given to me*/us* on ( insert date on which copy, or notice, of the application was given to respondent(s) ), I*/WE*, ( insert forename(s) and surname(s) of respondent(s) ) state as follows:
( insert brief statement of the matters in support of the court making an order other than the order sought in the application )
DATED..................................
................................................
( signature(s) of respondent(s) )
..........................................................................
( name of respondent(s) )
......................................................................................................................
( title or position of respondent(s) )
Affidavit
( insert affidavit in accordance with Form 2 )
___________________________________________________________
* omit if inapplicable
Form 6 Reply to response to application
(paragraphs 14 (2E) (a), 15 (2D) (a), 20 (2E) (a) and 22 (2D) (a))
( insert heading for document in accordance with Form 1 )
Reply to response to application under regulation 14*/15*/20*/22*
IN REPLY TO the response to my*/our* application made by ( insert forename(s) and surname(s) of respondent(s) ) filed in the ( insert name of court ) on ( insert date of filing of response ), I*/WE* state as follows:
( insert brief reply to matters stated in response to application )
DATED.................................
..............................................
( signature(s) of applicant(s) )
.................................................................................
( name of applicant(s) )
......................................................................................................................
( title or position of applicant(s) )
Affidavit
( insert affidavit in accordance with Form 2 )
___________________________________________________________
* omit if inapplicable
Form 7 Adoption order — Australian child
(subregulation 14 (2F))
( insert heading for document in accordance with Form 1 )
Adoption order — Australian child
ON THE BASIS that this court is satisfied that it may, in accordance with regulation 14 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , make the following orders in these proceedings:
THE COURT AUTHORISES, in accordance with that regulation, ( insert forename(s) and surname(s) of applicant(s) ), ( insert occupation of applicant(s )), of ( insert address of applicant(s) ) to adopt ( insert forename(s) and surname(s) of child ), an Australian child, into ( insert name of Convention country ), a Convention country.
THE COURT approves the following forename(s) as the forename(s) of the child:
( insert forename(s) approved by the court )
THE COURT approves the following surname(s) as the surname(s) of the child:
( insert surname(s) approved by the court )
DATED: ( insert date of order )
( Seal of court )
Form 8 Adoption order — child from Convention country
(subregulation 15 (2E))
( insert heading for document in accordance with Form 1 )
Adoption order — child from a Convention country
ON THE BASIS that this court is satisfied that it may, in accordance with regulation 15 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , make the following orders in these proceedings:
THE COURT AUTHORISES, in accordance with that regulation , ( insert forename(s) and surname(s) of applicant(s) ), ( insert occupation of applicant(s) ), of ( insert address of applicant(s) ) to adopt in Australia ( insert forename(s) and surname(s) of child ), a child from ( insert name of Convention country ), a Convention country.
THE COURT approves the following forename(s) as the forename(s) of the child:
( insert forename(s) approved by the court )
THE COURT approves the following surname(s) as the surname(s) of the child:
( insert surname(s) approved by the court )
DATED: ( insert date of order )
( Seal of court )
Form 9 Order terminating parental relationship
(subregulation 20 (2F))
( insert heading for document in accordance with Form 1 )
Order terminating legal relationship between child and parents
ON THE BASIS that this court is satisfied that it may, in accordance with regulation 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , make the following orders in these proceedings:
THE COURT ORDERS, in accordance with that regulation, on application by ( insert forename(s) and surname(s) of applicant(s) ), ( insert occupation of applicant(s) ), of ( insert address of applicant(s) ), that the adoption of the child ( insert forename(s) and surname(s) of child ), by the applicant(s) terminates the legal relationship between the pre‑adoption parents of that child and the child.
THE COURT approves the following forename(s) as the forename(s) of the child:
( insert forename(s) approved by the court )
THE COURT approves the following surname(s) as the surname(s) of the child:
( insert surname(s) approved by the court )
DATED: ( insert date of order )
( Seal of court )
Form 10 Declaration of non‑recognition
(subregulation 22 (2E))
( insert heading for document in accordance with Form 1 )
Declaration that adoption or decision is not recognised
ON THE BASIS that this court is satisfied that it may, in accordance with regulation 22 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 , make the following orders in these proceedings:
THE COURT DECLARES, in accordance with that regulation, on application by ( insert forename(s) and surname(s) of applicant(s) ), ( insert occupation of applicant(s) ), of ( insert address of applicant(s) ), that the adoption of*/the decision made in accordance with Article 27 of the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption in relation to* ( insert forename(s) and surname(s) of child ) is not recognised.
THE COURT approves the following forename(s) as the forename(s) of the child:
( insert forename(s) approved by the court )
THE COURT approves the following surname(s) as the surname(s) of the child:
( insert surname(s) approved by the court )
DATED: ( insert date of declaration )
( Seal of court )
___________________________________________________________
* omit if inapplicable