Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section –
"the Court" means the Supreme Court.
(2) A person specified in subsection (4) may apply to the Court for an order declaring that an adoption of a person was effected, whether before or after the commencement of this section, under the law of a non-convention or non-agreement country and that the adoption is an adoption to which section 60 applies.
(3) The Court may hear and determine an application under subsection (2) and, if it thinks fit, make an order accordingly.
(4) The persons who may make an application under subsection (2) in relation to an adoption are the adopted person, either or both of the adoptive parents, or a person tracing a relationship, by virtue of the adoption, through or to the adopted person.
(5) Where an application is made to the Court under this section, the Court shall direct that notice of the application be given to the Secretary and may –
(a) direct that notice of the application be given to such other persons, who may include the Attorney-General, as the Court thinks fit; or
(b) direct that a person be made a party to the application; or
(c) permit the Secretary or any other person having an interest in the matter to intervene in, and become a party to, the proceedings.
(6) Where the Court makes an order on an application under this section –
(a) it may include in the order such particulars in relation to the adoption, the adopted person, and the adoptive parents as the Court finds to be established; and
(b) it shall issue to the adoptive parents a certificate stating the date on which the order was made, the name of the adoptive parents, the name of the adopted person, and such other matters as the Court determines.
(7) For the purposes of the law of Tasmania, an order under this section binds the Crown in right of Tasmania, but, except as provided in subsection (8), 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.
(8) In proceedings in any court relating to the rights of a person other than a person referred to in subsection (7)(a)(i) or (ii), the production of a copy of an order made under this section, certified by the Registrar of the 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 an adoption to which section 60 applies.