Victorian Consolidated Legislation

Adoption Act 1984 - SECT 69I

Refusal to recognise an adoption or an article 27 decision

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).