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ADOPTION ACT 1984 - SECT 69I Refusal to recognise an adoption or an article 27 decision

ADOPTION ACT 1984 - SECT 69I

Refusal to recognise an adoption or an article 27 decision

    (1)     If the State Central Authority considers that—

        (a)     an adoption recognised under section 69D or  69E; or

        (b)     a decision made in accordance with article 27 of the Hague Convention

is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates, the State Central Authority may apply to the Court for a declaration that the adoption or decision is not recognised.

    (2)     The Court may make a declaration on an application under subsection (1) if satisfied that—

        (a)     an adoption recognised under section 69D or  69E; or

        (b)     a decision made in accordance with article 27 of the Hague Convention

is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates.

    (3)     If a court declares that an adoption or decision is not recognised, the adoption or decision has no effect in Victoria.

    (4)     The State Central Authority must give the Commonwealth Central Authority written notice of each application under subsection (1) and the reasons for making it as soon as practicable after it is made.

    (5)     The State Central Authority must give the Commonwealth Central Authority written notice of the Court's determination of each application under subsection (1).

S. 69J

inserted by No. 32/2000 s. 4.