Victorian Consolidated Legislation

Adoption Act 1984 - SECT 69B

Adoption in Victoria of a child from a Convention country

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.