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ADOPTION ACT 1984 - SECT 69B Adoption in Victoria of a child from a Convention country

ADOPTION ACT 1984 - SECT 69B

Adoption in Victoria of a child from a Convention country

    (1)     A person who—

        (a)     is habitually resident in Victoria; and

        (b)     wishes to adopt a child who is habitually resident in a Convention country

may apply to the Court for an order for the adoption of the child.

    (2)     The Court may make an order for the adoption of a child on an application under subsection (1) if the requirements of sections 15 and 51 are satisfied and the Court is satisfied that—

        (a)     the child is in Victoria; and

        (b)     the child is not prevented from residing permanently in Australia—

              (i)     under a law of the Commonwealth, a State or a Territory; or

              (ii)     because of an order of a court of the Commonwealth, a State or a Territory; and

        (c)     the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention; and

        (d)     the Central Authority of the Convention country has agreed to the adoption of the child; and

        (e)     the State Central Authority has agreed to the adoption of the child.

    (3)     For the purposes of a proposed adoption order under this section—

        (a)     a report under section 15 may be made only on behalf of the Secretary or the principal officer of an approved agency that is an accredited body;

        (b)     a reference in section 51 to an authorized agency is a reference to an accredited body.

S. 69C inserted by No. 32/2000 s. 4.